I. The Agreement
This is an agreement between Wonder Healthcare LLC, an Illinois limited liability company (“WHC”), the owner and operator of www.wonder4health.com (the “RPM Site”) and the Remote Patient Monitoring software and Application (“RPM Application”) and all content provided by through the RPM Site and RPM Application (collectively, referred to herein as the “Application”), and you (“you” or “You”), a user of the Application.
MEDICAL PROVIDERS must also agree to the Medical Provider Waiver of Liability, which may be found here .
II. Personal Use Only
IV. No Medical Advice or Treatment Provided
THIS APPLICATION DOES NOT PROVIDE MEDICAL ADVICE OR MEDICAL TREATMENT
THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THIS APPLICATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED, AND SHOULD NOT BE USED, TO REPLACE THE ADVICE OF HEALTHCARE PROFESSIONALS. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON THE APPLICATION AND THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATION, AND FOR ALL DECISIONS OR ACTIONS RESULTING FROM YOUR USE OF THE APPLICATION AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY DECISION NOT TO SEEK OR REFRAIN FROM SEEKING ANY DIAGNOSIS OR TREATMENT. YOU ARE ALSO SOLELY RESPONSIBLE FOR YOUR DECISION TO USE THE APPLICATIONS OF ANY PARTICULAR THIRD-PARTY PROVIDER. IF YOU HAVE SPECIFIC HEALTHCARE NEEDS, OR FOR COMPLETE HEALTH INFORMATION, PLEASE SEE A DOCTOR OR OTHER HEALTHCARE PROVIDER.
SEEK MEDICAL CARE: If at any time You are concerned about Your care or treatment, or You believe or suspect or someone else advises You that You have a serious or life-threatening condition, call 9-1-1 in areas where that application is available, or go to the nearest emergency room.
WHC does not confirm the credentials of any healthcare professional using the Application. WHC does not validate that any such persons are in good standing with their respective licensure board(s) or that they are using the Application in accordance with laws applicable to the practice of medicine. It is your responsibility as a patient to separately confirm that a healthcare provider is in good standing with his or her respective licensing board(s) and to exercise whatever other due diligence You feel appropriate in selecting and maintaining Your choice of healthcare professionals.
While this Application does provide certain health-related information, never disregard, avoid, or delay in obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the Application. If You have or suspect that You have an urgent medical problem or condition, please contact a qualified healthcare professional immediately.
V. Ownership of the Application
The Application (including any content made available through the Application) is the property of WHC (or its licensors) and is protected by applicable intellectual property laws. The Application is licensed, not sold, to you. You may utilize the Application only as permitted by these Terms. You may not, and will not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of the Application; (2) use or merge the Application, or any component or element thereof, with other software, databases or Application not provided by WHC; (3) sublicense, distribute, sell or otherwise transfer the Application to any third party; (4) use the Application as an Application bureau, or lease, rent or loan the Application to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Application; (6) interfere in any manner with the operation of the Application; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Application; (8) create a database by systematically downloading and storing the Application; (9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather the Application or reproduce or circumvent the navigational structure or presentation of the Application without WHC’s express prior written consent; or (10) use the Application for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Application. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Application.
VI. Intellectual Property Rights
The design of the Application along with WHC – created text, scripts, graphics, interactive features and the like, except Status Submissions (as defined below), and the trademarks, Application marks and logos contained therein (the “WHC Marks”), are owned by or licensed to WHC, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Application is provided to you for your information and personal use only. WHC reserves all rights not expressly granted in and to the Application. You agree to not engage in the use, copying, or distribution of any of the Application other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Application for any commercial purposes. By using the Application, you expressly waive any and all claims against WHC arising from the use of the Application.
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS APPLICATION, WHC’S WEBSITE OR ANY THIRD PARTY SITES OR APPLICATIONS LINKED TO OR FROM ANY WHC SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT OUR SITES OR ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY WHC SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT, NOR DO WE WARRANT THE ACCURACY OF THE CONTENT OR ANY INFORMATION YOU MAY OBTAIN FROM OUR SITE. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
THE APPLICATION AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. YOUR USE OF THE APPLICATIONS IS VOLUNTARY AND AT YOUR SOLE RISK.
THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATIONSIS GENERAL IN NATURE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE. IT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED, AND SHOULD NOT BE USED, TO REPLACE THE ADVICE OF HEALTHCARE PROFESSIONALS. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON THE APPLICATIONS AND THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATIONS, AND FOR ALL DECISIONS OR ACTIONS RESULTING FROM YOUR USE OF THE APPLICATIONS AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY DECISION NOT TO SEEK OR REFRAIN FROM SEEKING ANY DIAGNOSIS OR TREATMENT. YOU ARE ALSO SOLELY RESPONSIBLE FOR YOUR DECISION TO USE THE APPLICATIONS OF ANY PARTICULAR THIRD-PARTY PROVIDER. IF YOU HAVE SPECIFIC HEALTHCARE NEEDS, OR FOR COMPLETE HEALTH INFORMATION, PLEASE SEE A DOCTOR OR OTHER HEALTHCARE PROVIDER.
VIII. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WHC, ITS LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, APPLICATION PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY WHC SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A WHC SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY WHC SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, APPLICATION PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO WHC SITES OR CHANGE THE WHC SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS AND CONDITIONS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
X. Ability to Accept Terms of Application
XIV. Governing Law, Jurisdiction, and Venue
QUESTIONS OR COMMENTS
Wonder Healthcare LLC
50 South Main Street, Suite 200
Naperville, IL – 60540
*Updated on October 8, 2020