Terms and Conditions For Confer Health

This Terms of Service Agreement (the “Agreement”) is a legally binding and valid agreement that, in addition to our Privacy Policy, governs the use of Confer Health’s (“Confer”) Products and Services (the “Service”). This Agreement controls the relationship between you and Confer and does not establish any rights for any third parties. By using the Service, you agree to be bound by the Agreement.

You must be at least 13 years old to create an account and use the Service.

This Agreement was last updated on August 24, 2017.

Contact Information

Confer Health, Inc.
56 Roland St.
Suite 208
Boston, MA 02129
info@confer.health

Your Use of the Service

Confer provides paid diagnostics products for use at home, as well as interpretation and tracking software to help you understand and manage your test results and overall health. We may use individual or population data to better inform the results and/or interpretations that we provide to you. DO NOT USE THE SERVICE IN WAYS NOT ADVERTISED OR INTENDED BY CONFER, AND ALWAYS CLOSELY FOLLOW THE WRITTEN INSTRUCTIONS PROVIDED WITH ANY MEDICAL PRODUCTS WE PROVIDE TO YOU. IF YOU HAVE ANY INDIVIDUAL HEALTH QUESTIONS OR CONCERNS, CONSULT A MEDICAL PROFESSIONAL.

We collect personal health and/or medical information from you during the course of your use of the Service. We use these data to provide a personalized program to help you manage your health and wellness. Please see our Privacy Policy for more information on how we use these data during your use of the Service.

In order to make use of most of the functionality offered by the Service, you must create a personal Account. Any Account you create should be for your own personal and private use, and may not be shared with any third parties. You are responsible for the security and confidentiality of your Account username and password, and in the event that any third party obtains them through no fault of Confer’s, you are responsible for all activities undertaken under your Account by any third parties. We are not obligated to accept the registration of any Account and may, in our sole determination and discretion, terminate an existing Account or decline to create any new Account that we reasonably believe violates or intends to violate this Agreement or otherwise disrupt the Service.

Information and Intellectual Property Rights and Responsibilities

Subject to your acceptance of this Agreement and subsequent use of the Service, Confer hereby grants to you a personal, non-assignable, limited license to use the Service. You may not copy, modify, rent, loan, distribute, sell, lease, sublicense, assign, grant a security interest in, or otherwise transfer any right in any part of the Software to any other party. You may not reverse engineer, decompile, or otherwise attempt to extract any source code used by the Service unless required by law or expressly permitted by Confer.

The Service may periodically download and install updates to software components from time to time without further notice to or action by you. These updates are intended to improve the Service, but may, from time to time, change or remove functionality that was previously a part of the Service. You agree that we may automatically deliver such updates to you as part of your use of the Service, and that any addition or removal of functionality is done at Confer’s sole discretion.

Your use of the Service does not confer to you any legal right, title, or interest in the Service or in Confer or Confer’s intellectual property. The Service is protected by copyright, trademark, and other intellectual property rights and applicable laws. You agree not to use manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” or “crawl” any web pages or other part of the Service, unless explicitly permitted by Confer.

You are solely responsible for any information of any kind that you input into the Service, including but not limited to verification of its correctness, appropriateness, and lawfulness. While we use industry standard procedures to safeguard your data, we assume no liability for the deletion, corruption, or failure to store any of this information other than as required by law. You hereby grant Confer a worldwide, non-exclusive, fully paid, roalty-free license to use, host, store, repdocuce, modify, create derivative works, communicate, and distribute your information, without any further notice to you and without any compensation or obligation to you, subject to the terms of our Privacy Policy.

You agree not to post, upload, publish, submit, store, or transmit any information that a) infringes, misappropriates, or violates a third party’s copyright, trademark, patent, trade secret, or other intellectual propert rights, or right of publicity or privacy; b) violates or encourages any conduct that would violate, any law or regulation, or would give rise to civil liability; c) is fraudulent, false, misleading, or otherwise deceptive; d) is defamatory, obscene, vulgar, or otherwise offensive; d) promotes discrimination, bigotry, racism, hatred, harassment, or any other harm against any individual or group; e) is violent or threatening or promotes violence or other threatening actions; f) promotes illegal or harmful activities.

Disclaimer and Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CONFER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) CONFER MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONFER OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. CONFER DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, CONFER SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.

WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CONFER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CONFER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.

Agreement Term and Termination

This Agreement is binding subject to the terms of termination of survival as set out in this Section.

You may terminate this Agreement at any time via written notice to the address above delivered via United States Postal Service mail. Upon termination, Confer will close all accounts that you use as part of the Service.

Confer may at any time terminate this Agreement with you (and in conjunction therewith, your accounts that use the Service) if: a) you have breached, or have shown an intention to breach, any provision of this Agreement, b) we are required to by law, or c) Confer ceases to offer the Service in your area for any reason.

You acknowledge and agree that Confer shall not be liable to you or any third party for any termination of your access to the Services.

When this Agreement is terminated, the following sections shall continue to apply indefinity to the extent permissible by law: Limitation of Liability, Information and Intellectual Property Rights and Responsibilities, Miscellaneous.

Security and Privacy

We take your privacy and data protection very seriously. We share and/or analyze your personal information only for the limited purposes as outlined in our Privacy Policy, which is available here. By using the Service, you agree to the use of your personal information in accordance with this Privacy Policy.

Miscellaneous

This Agreement shall be governed by the laws of the Commonwealth of Massachusetts.

The Agreement, along with all documents expressly incorporated herein by reference, is the entire agreement between you and Confer with respect to the Service and they replace any prior arrangement relating to the Service. Any modifications to this Agreement must be made in writing between you and Confer.

Please note that the Agreement may be amended from time to time and we will notify you by revising the “Last Updated” date at the top of the Agreement and by providing you with an additional notice by email or postings within the Service, if you have established an account with us. It is your responsibility to periodically check the online copy of this Agreement for modifications. Your continued use of the Service shall constitute your acceptance of any changes communicated to you via these means. If you do not accept the changes to the Agreement, you hereby acknowledge that your only recourse is to terminate your use of the Service in accordance with the terms herein.