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Prime for PrEP Inc Terms of Use
This Terms of Use Agreement (“Agreement”) constitutes a legally binding contract between you (referred to as “you” or “your”) and Prime for PrEP, Inc. (collectively referred to as “Prime for PrEP”, “us”, “our”, or “we”) (You and Prime for PrEP Inc collectively referred to as the “Parties”).
Prime for PrEP Inc provides access to its website and online services (the “Platform”) under the terms and conditions outlined in this Agreement.
THE PLATFORM IS NOT DESIGNED FOR MEDICAL EMERGENCIES. IF YOU EXPERIENCE A MEDICAL EMERGENCY, PLEASE CALL 911 OR THE APPROPRIATE EMERGENCY NUMBER IN YOUR AREA.
BY USING THE PLATFORM, YOU CONSENT TO ADHERE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE PLATFORM.
IMPORTANT NOTICE: YOUR USE OF THE PLATFORM IS SUBJECT TO AN ARBITRATION CLAUSE IN SECTION 10, WHICH REQUIRES THAT ALL DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION.
To navigate to a specific section of this Agreement, please click on a link below:
1. Modifications to this Agreement We reserve the right to amend and update this Agreement periodically and will post the revised Agreement on the Platform. Unless specified otherwise in the updated version, any modifications will take effect immediately upon posting. Your continued use of the Platform following any changes will indicate your acceptance of the new terms in the revised Agreement.
2. Your License to Use the Platform
3. Your Privacy
Our Privacy Policy outlines how we collect and utilize personal information that you provide through the Platform. Additionally, if a Community-Based Organization (CBO) is unable or ineligible to offer services for any reason, you consent to Prime for PrEP Inc sharing your information with another CBO to ensure continuity of care.
4. Your Content and Feedback
The Platform may feature functionalities that allow you to upload, submit, or transmit information ("Your Content"). This section delineates the terms and conditions that govern your use of these functionalities. Notwithstanding our rights under this section, our handling of Your Content remains subject to our Privacy Policy and applicable laws.
5. Electronic Communications
You agree to receive communications via email or text message at the email address or mobile phone number you have provided. This may include promotional messages sent to your mobile
device using autodialing technology. You understand that providing your consent to receive such communications is not a condition for purchasing any goods or services. Message and data rates may apply. If you wish to stop receiving these messages, you agree to respond with "STOP" to any text
6. Not a Healthcare Provider
You recognize that Prime for PrEP Inc, in providing support and managing the Platform, does not serve as a healthcare provider. The only instances of medical advice or the practice of medicine on the Platform arise from your direct communications with a healthcare provider through the Platform, including personalized messages and interactions, along with the specific content and information conveyed in those communications.
7. Disclaimer of Warranties
THE PLATFORM IS OFFERED ON AN "AS IS" BASIS. WE MAKE NO WARRANTIES OR PROMISES REGARDING THE ACCURACY, USEFULNESS, AVAILABILITY, OR RELIABILITY OF (i) YOUR EXPERIENCE OR THE OUTCOMES OF USING THE PLATFORM; (ii) ANY ADVICE YOU RECEIVE FROM THE PLATFORM, WHETHER FROM US OR A THIRD PARTY; OR (iii) ANY OTHER CONTENT ACCESSIBLE THROUGH THE PLATFORM. WE DO NOT GUARANTEE THAT THE PLATFORM WILL OPERATE WITHOUT INTERRUPTION OR BE FREE FROM ERRORS, NOR DO WE PROMISE THAT ANY ISSUES WILL BE RESOLVED. NO WARRANTIES OF ANY KIND EXIST, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. ANY STATEMENTS OUTSIDE OF THIS AGREEMENT, WHETHER MADE BY OUR STAFF OR OTHERWISE, DO NOT CONSTITUTE A WARRANTY OR PROMISE BY US, AND WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR SUCH STATEMENTS. WE WILL NOT BE LIABLE FOR ANY DELAYS, DELETIONS, MISDELIVERIES, OR INABILITY TO STORE ANY COMMUNICATIONS OR CONTENT. SOME STATES OR JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON THEIR DURATION. IF A COURT DETERMINES THAT ANY EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS IN THIS AGREEMENT ARE INVALID OR UNENFORCEABLE, SUCH PROVISIONS WILL BE ADJUSTED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. WHERE PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS FROM YOUR INITIAL ACCESS.
8. Limitation of Liability
Prime for PrEP Inc, along with its subsidiaries, affiliates, and their respective officers, directors, agents, business partners, licensors, contractors, employees, assignees, and successors (collectively referred to as the "Prime for PrEP Inc Parties"), SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, DEMANDS, OR LEGAL ACTIONS, INCLUDING DIRECT OR INDIRECT DAMAGES, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, IN CONNECTION WITH THIS AGREEMENT, YOUR USAGE OF THE PLATFORM, ANY INFORMATION YOU GATHER FROM IT, OR ANY OTHER INTERACTIONS WITH THE PLATFORM. YOU HEREBY VOLUNTARILY AND UNEQUIVOCALLY WAIVE ANY LIABILITY CLAIMS AGAINST PRIME FOR PrEP.
YOUR ONLY REMEDY FOR ANY DISSATISFACTION WITH THE PLATFORM WILL BE TO CEASE USING IT.
IN ALL CIRCUMSTANCES, THE MAXIMUM AGGREGATE LIABILITY OF PRIME FOR PrEP Inc, ITS SUPPLIERS, LICENSORS, PARENT COMPANY, OR AFFILIATES, INCLUDING THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNEES, FOR ANY CLAIMS ARISING UNDER THIS AGREEMENT—WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE—WILL BE LIMITED TO DIRECT, PROVABLE DAMAGES NOT EXCEEDING THE LOWER OF FIVE HUNDRED U.S. DOLLARS ($500.00 USD) OR YOUR ACTUAL DIRECT DAMAGES.
SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS A RESULT, THE LIMITATIONS OR EXCLUSIONS STATED ABOVE MAY NOT APPLY TO YOU, AND THE PRECEDING PARAGRAPH WILL NOT APPLY TO RESIDENTS OF NEW JERSEY, IF THE DAMAGES INCURRED BY SUCH RESIDENTS ARE DUE TO OUR NEGLIGENCE, FRAUD, RECKLESS CONDUCT, OR WILLFUL MISCONDUCT.
IF YOU ARE A RESIDENT OF CALIFORNIA OR OTHERWISE ELIGIBLE FOR CALIFORNIA LEGAL PROTECTIONS, YOU FURTHER ACKNOWLEDGE AND WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH H READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST Prime for PrEP INC. pending a final determination in arbitration or permanent relief for the purpose of enforcing arbitral awards.
9. Indemnification
To the maximum extent allowed by applicable law, you agree to protect, indemnify, and defend Prime PrEP Inc and its affiliates from any and all claims (including liabilities, damages, losses, costs, expenses, and reasonable attorney fees): (a) arising from injuries, damages, or losses due to your utilization of the Platform; (b) asserting that Your Content violates any copyright, patent, or trademark, or misappropriates a trade secret belonging to a third party; (c) relating to any actions or omissions by you that constitute a breach of your responsibilities under this Agreement or applicable law; or (d) otherwise connected to your use of the Platform. You will have the right to manage and settle such claims at your own expense for the benefit of Prime for PrEP Inc; however, you shall not have the authority to bind Prime for PrEP Inc in any way regarding any such settlement without the written consent of the indemnified party. Notwithstanding the above, if you do not fulfill your obligation to defend, or if Prime for PrEP Inc chooses to handle such claims on its own, Prime for PrEP Inc may do so to protect its interests, and you will reimburse all expenses incurred by Prime for PrEP Inc in connection with that defense.
10. Agreement to Arbitrate
11. Additional Provisions
12. Contact Us If you have any questions or need to contact us for any reason relating to this Agreement, please e-mail legal@PrimeforPrEP.com
Last Updated: 11/10/2024
THE FOLLOWING NOTICE DESCRIBES HOW YOUR HEALTH INFORMATION MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW THE INFORMATION BELOW CAREFULLY. THIS NOTICE APPLIES TO Prime for PrEP Inc.
This Notice informs you about our possible uses and disclosures of your health information. It also describes your rights and our obligations regarding your personal health information.
How we use and disclose your PHI: Except where prohibited by other laws that require special privacy protections, we may use and disclose your health information without your prior authorization as follows: • Treatment: We may use your PHI and share it with other healthcare providers who are treating you, such as when necessary to order laboratory tests and to receive the associated test results. You may be contacted by us to remind you of any appointments or refill reminders, or to discuss your healthcare treatment options.
Payment: We may use your PHI and share it with payors/insurers in order to bill and receive payment for the health care services we provide to you. We may also contact you to discuss your insurance/billing options.
Operations: We may use your PHI and share it when necessary to operate our company, such as performing quality improvement activities, conducting patient satisfaction surveys, and assessing staffing needs. We may also share your information with business associates who are contractually obligated to protect the privacy of your health information the same way we are.
Non-Routine Situations: Your PHI may be released in other non-routine situations, such as: To address public health and safety issues, including reporting communicable diseases when required by law, reporting adverse reactions to health oversight agencies, reporting suspected abuse, neglect, or domestic violence, and preventing or reducing a serious threat to your or someone’s health or safety.
Your rights related to your PHI: Please contact the Privacy Officer to exercise any of the following rights. You have the right to:
PRIME FOR PrEP INC DATA PRIVACY POLICY
This Privacy Policy describes Prime for PrEP Inc policies and procedures on the collection, use and disclosure of your information when you use our service and tells you about your privacy rights and how the law protects you. We use your personal data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this Privacy Policy.
Prime for PrEP Inc is committed to safeguarding the privacy of our users. We want to assure you that we do not share your personal information with third parties. This privacy policy outlines how we collect, use, and protect the information you provide to us.
INFORMATION COLLECTION:
We collect only the information necessary to provide and improve our services. This may include your name, email address and phone number. We do not sell, rent, or share this information with any third parties.
HOW WE USE YOUR INFORMATION:
The information collected is used solely for communicating with you as the intended party. We do not share your information with external parties for marketing or any other purposes. Additionally, no mobile or messaging consent information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Last Updated: 11/10/2024
