BlueButtonPRO™ Terms of Service
Effective Date: February 7, 2019
To review material modifications and their effective dates scroll to the bottom of the page.
Darena Solutions LLC (“Darena”) owns software, technology, and content that enables Darena’s healthcare data management platform services, more particularly identified on the website that are accessible through a downloaded and installed application on a desktop or a mobile device, through a web browser or otherwise acquired application (collectively the “App”). The following terms and conditions, together with any documents incorporated by reference (collectively, the “Terms of Service”) govern your access to and use of the content, functionality, and services (collectively “Services”) to be provided through the App, effective as of the earlier of your first download of the App or use of the Services (the “Effective Date”) and continuing as long as you use the App. Services include any updates to such services that may be provided by Darena hereunder.
Modifications to the Terms of Service
We reserve the right to modify these Terms of Service at any time, and without prior notice, by posting an amended Terms of Service. All modifications to the Terms of Service may be accessed by following the link on the first screen when you open the App. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF SERVICE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF SERVICE.
You may acquire products, services and/or content from Darena. As a condition of your use and/or purchase of such products, services and/or content, you will be bound by the terms and conditions of those products and services.
Accessing the App
If you choose, or are provided with, a username, 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 other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to, or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Intellectual Property Rights
The App and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Darena, its 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.
These Terms of Service permit you to use the App for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our App.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the App in breach of the Terms of Service, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the App you have made. No right, title or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by Darena. Any use of the App not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
The Darena name, the terms, and Darena logo and all related names, logos, product and service names, designs and slogans are trademarks of Darena or its affiliates or licensors. You must not use such marks without the prior written permission of Darena. All other names, logos, product and service names, designs and slogans on the App are the trademarks of their respective owners.
You may use the App only for lawful purposes and in accordance with these Terms of Service. You agree not to use the App:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) or the rights of other users.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate Darena, a Darena employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use of the App, or which, as determined by us, may harm Darena or users of the App.
Additionally, you agree not to:
Use the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the App, including their ability to engage in real time activities through the App.
Use any robot, spider or other automatic device, process or means to access the App for any purpose, including monitoring or copying any of the material on the App.
Use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the App.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, or any server, computer or database connected to the App.
Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the App.
Enforcement & Termination
We have the right to:
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order, as required by law or regulations, requesting or directing us to disclose the identity or other information of anyone using the App. YOU WAIVE AND HOLD HARMLESS DARENA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DARENA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DARENA OR LAW ENFORCEMENT AUTHORITIES.
These content standards apply to any and all of your communications and use of the App. Without limiting the foregoing, your use of the App and communications through the App must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, or by anyone who may be informed of any of its contents.
This App may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Darena, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Darena. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the App
We reserve the right to withdraw or amend this App in our sole discretion without notice. We may update the content on this App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.
We provide this App for use only by persons located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
We do not guarantee that all functions of the App will always be available, will perform as expected, or will be error-free.
THE APP IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DARENA, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, DARENA PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation on Liability
1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DARENA OR ITS AFFILIATES, OR ANY OF DARENA’S OR ITS AFFILIATES’ RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT AND SERVICES FOR:
a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES;
b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR DARENA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
BY CONSENTING TO THE TERMS OF THIS AGREEMENT AND USE OF THE PRODUCT, YOU EXPRESSLY CONSENT TO THE LIMITATION OF LIABILITY SET FORTH ABOVE IN THIS PROVISION AND ACKNOWLEDGE AND CONSENT TO THE FOLLOWING:
i. This App is not intended to be used, nor should it be used for emergency purposes. In the event of an emergency, you shall call 911 or go directly to an emergency provider.
ii. Darena is not validating, affirming, providing or issuing medical advice and any communication received or transmitted by you through the App should not be construed as such. Furthermore, Darena is not responsible for your decision to seek or not seek medical care or choice of specific treatment based on your use of the App.
iii. Delay, interruption or failure may occur in communication through use of the App. You shall not hold Darena liable for any injury resulting from such delay or failure, for whatever reason, and expressly assume such risk through your use of the App.
iv. You assume full responsibility and risk for your use and reliance on the App.
You agree to indemnify, defend and hold harmless Darena and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the App or your breach of this Agreement. Furthermore, you agree that Darena assumes no responsibility for the content you submit or make available through this App.
Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in St. Louis, Missouri, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Missouri, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Jurisdiction and Venue. The state courts located in the State of Missouri, USA and the nearest U.S. District Court in the State of Missouri shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Service.
Controlling Law. This Agreement shall be construed under the laws of the State of Missouri, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
Material Modifications Since February 7, 2019: None