Last Modified: May 24, 2018
The Application is offered and available to medical professionals 18 years of age or older. By using the Application, you represent that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Application.
Office Hours Restrictions
You specifically cannot use the Application to regularly take telephone triage calls in an after hours call center unless you license an After Hours version of the Application.
Care Advice Handout Restrictions
The Application provides functionality that allows you to send care advice handouts to patients by email or text message. You must not distribute these care advice handouts other than through the Application as part of a telephone triage call. For example, you may not print the handouts and distribute them to patients at your practice. You also may not maintain the handouts in a separate repository and email them without using the Application. Please contact us at email@example.com about a different license if you are interested in the distribution of the care advice handouts in a manner not permitted under this license.
The Application provides functionality that allows you to send handouts in languages other than English (e.g. Spanish). These handouts are not direct translations of the English handouts but instead provide similar care advice by the same authors that wrote the English handouts used in ClearTriage. If you cannot read the handout in its language, you are responsible for ensuring that the recipient understands that you have not read the handout you are sending, that some information in the handout may not pertain to their situation, and that they should call back if they have questions or concerns about any of the care advice.
After Hours International Restrictions
The After Hours International version of the Application cannot be used to provide triage services to individuals who reside in the United States of America, Canada, the United Kingdom, Australia or New Zealand.
We provide triage protocols and care advice handouts, as published by a third-party licensor, via the Application. The protocols and handouts are as up-to-date as is reasonably possible at the time of publication, and are reviewed and updated periodically. However, it is the responsibility of your medical director or medical advisory panel to review and approve these protocols or to customize the protocols to meet your needs. It is also the responsibility of your medical director or medical advisory panel to regularly review and re-approve any customizations to these protocols.
The contents of these protocols have been reviewed and tested for accuracy, but they are not, and cannot be, perfect. Therefore, we and any applicable licensor disclaim responsibility for any harmful consequence, loss, injury, or damage associated with the use and application of information or advice contained in these protocols.
We and any applicable licensor do not warrant or guarantee the accuracy, safety, efficacy, or completeness of any of the protocols.
Any person, institution or organization using these protocols assumes full responsibility for acts or omissions arising out of their use or misuse. The user assumes all risks associated with using these protocols and any customizations made to the protocols.
Use of these protocols requires the intellect and judgment of the user. These protocols are most suitable for use by clinically experienced nurses, nurse practitioners, physicians and physician assistants. All licensed health professionals should receive training before using these protocols. Non-licensed and non-health professionals (e.g., secretaries, medical assistants) should not use these protocols.
Using the Application means the user has read and accepts this disclaimer.
Accessing the Application and Account Security
We reserve the right to withdraw or amend the Application, and any service or material we provide on the Application, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users, including registered users.
You are responsible for:
To access the Application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all the information you provide on the Application is correct, current and complete.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any unauthorized person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
Intellectual Property Rights
The Application and its entire contents, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any of the material on the Application, except as follows:
You must not:
If you wish to make any use of material on the Application other than as set out in this section, please address your request to: firstname.lastname@example.org.
Recording and Use of Information
In order to support your reporting within the Application and our monitoring of the Application, the Application may record and store general information about your triage calls. This general call information may include but is not limited to the name of the nurse user, the protocol used, the disposition selected, whether a handout was sent, and the date/time of each of the previous actions. To prevent storing sensitive information, the Application will not record or store the specific positive triage question or any negative triage questions, the specific care advice recommended, the email or phone number used in sending handouts, or any free text field wherein the nurse user could enter patient information.
We may disclose the above information to others with your permission or as required by law. We may also de-identify your information, then use and disclose de-identified information for any purpose whatsoever including comparative reports for all users of the Application to compare their usage with that of their peers in aggregate.
Our name, logos, product and service names, designs and slogans are our trademarks or the trademarks of our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Application are the trademarks of their respective owners.
Additionally, you agree not to:
Terms of Sale
We offer subscription services via the Application, which includes access to our triage protocols. By selecting to use the subscription services you agree to pay us the subscription or usage fees indicated for that service. Payment may be made by credit card or check.
If you choose to pay by check you must pay subscription fees on an annual basis. Invoices are sent by email approximately 45 days prior to the expiration of the current period, then again approximately 30 days later if payment has not yet been received. Payment must be received by us prior to the expiration of the current period or your service may be terminated and the open invoice cancelled.
If you choose to pay by credit card, payment for subscription services will be charged on the day your free trial period ends and will cover the use of that service for the period indicated. Thereafter, you agree that monthly or annual payments will continue to be charged to your credit card on a recurring basis until you cancel your service. The amount of the monthly or annual recurring charge will be the then current subscription fee applicable to the service you selected.
Whether you choose to pay by credit card or check, you acknowledge that the applicable subscription fees may increase upon renewal. Subscription services must be cancelled prior to your monthly or annual renewal in order to avoid billing of the next month’s or year’s subscription fee. Subscription fees are not prorated or refundable.
If your payment method fails or your account is past due, we reserve the right to either suspend or terminate your services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your services. You agree to submit any disputes regarding any charge to your account in writing to us within 60 days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
Links from the Application
If the Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Compliance with Laws
The owner of the Application is based in the State of Colorado in the United States. Accessing the Application may not be legal in certain countries or jurisdictions. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We make no claims that the Application or any of its content is accessible or appropriate for your country or jurisdiction.
You are responsible for complying with all healthcare laws, including The Health Insurance Portability and Accountability Act of 1996 (HIPAA). You acknowledge that the Application includes an unencrypted email and text messaging service that allows you to send care advice handouts to your patients. You represent that prior to sending such emails or text messages to your patients via the Application, you will obtain consent from the patient recipient and advise them of the inherent risks associated with unencrypted messages.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Application or any services or items obtained through the Application or to your downloading of any material posted on it, or on any website linked to it.
Your use of the Application, its content and any services or items obtained through the Application is at your own risk. The Application, its content and any services or items obtained through the Application are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. We do not make any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Application. Without limiting the foregoing, we do not represent or warrant that the Application, its content or any services or items obtained through the Application will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the Application or any services or items obtained through the Application will otherwise meet your needs or expectations.
We hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation on Liability
In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Application, any websites linked to it, any content on the Application or such other websites or any services or items obtained through the Application or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Governing Law and Jurisdiction
Waiver and Severability
Your Comments and Concerns
The Application is operated by Medical Minds LLC dba ClearTriage, 8476 E Otero Lane, Centennial, Colorado 80112.
All feedback, comments, requests for technical support and other communications relating to the Application should be directed to: email@example.com.