Nisos Health and/or its affiliates (“NISOS”) provide website features and other products and services to you when you use Nisos Health products or services, use Nisos Health applications for mobile, or use software provided by Nisos Health in connection with any of the foregoing (collectively, “Nisos Health Services”). By using the Nisos Health Services, you agree, on behalf of yourself and all members of your company and others who use any Service under your account, to the following conditions.
We offer a wide range of Services, and sometimes additional terms may apply. When you use a Nisos Health Service you also will be subject to the guidelines, terms and agreements applicable to that Nisos Health Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Nisos Health Services, to understand our practices.
FEES AND PAYMENT
Nisos Health reserves the right to require payment of fees for Nisos Health Services or certain features of Nisos Health Services. If you elect to access or use Nisos Health Services or features subject to fees, you agree to pay all applicable fees as described in those Services. We reserve the right to change our price lists in the future and to institute new charges going forward at any time by providing prior notice to you. We may provide this notice by email or by positing it in the Services. You acknowledge that if you access or use Services subject to fees following that notification, you accept the new or increased charges.
All content included in or made available through any Nisos Health Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Nisos Health and protected by United States and international copyright laws. The compilation of all content included in or made available through any Nisos Health Service is the exclusive property of Nisos Health and protected by U.S. and international copyright laws.
All graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Nisos Health Service are trademarks or trade dress of Nisos Health in the U.S. and other countries. Nisos Health’s trademarks and trade dress may not be used in connection with any product or service that is not Nisos Health’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nisos Health. All other trademarks not owned by Nisos Health that appear in any Nisos Health Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nisos Health.
One or more patents owned by Nisos Health apply to the Nisos Health Services and to the features and services accessible via the Nisos Health Services. Portions of the Nisos Health Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Nisos Health or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Nisos Health Services.
This license does not include any resale or commercial use of any Nisos Health Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Nisos Health Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Nisos Health or its licensors, suppliers, publishers, rightsholders, or other content providers.
No Nisos Health Service, nor any part of any Nisos Health Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Nisos Health. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nisos Health without express written consent.
You may not use any meta tags or any other “hidden text” utilizing Nisos Health’s name or trademarks without the express written consent of Nisos Health. You may not misuse the Nisos Health Services. You may use the Nisos Health Services only as permitted by law. The licenses granted by Nisos Health terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Nisos Health account to use certain Nisos Health Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
Nisos Health does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Nisos Health Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Household.
We may terminate your access to all or any part of Nisos Health Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of certain information associated with your account. Upon termination of your right to use all or any part of Nisos Health Services, all licenses and other rights granted to you by these Agreements for such parts of the Services will immediately terminate.
If you wish to terminate your account, you may do so by following the instructions on the Site or contacting our customer support team at firstname.lastname@example.org. Any fees paid for the Services are non-refundable.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership and license provisions, warranty disclaimers, indemnity provisions, and limitations of liability.
When you use Nisos Health Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Nisos Health Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COMMUNICATIONS, AND OTHER CONTENT
You may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
Nisos Health reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do submit material, and unless we indicate otherwise, you grant Nisos Health a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Nisos Health and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Nisos Health for all claims resulting from content you supply. Nisos Health has the right but not the obligation to monitor and edit or remove any activity or content. Nisos Health takes no responsibility and assumes no liability for any content posted by you or any third party.
HEALTH RELATED CONTENT
Any health-related Content on Nisos Health Services that describes general principles of health care should not be construed as specific instructions for individual patients. It is not intended as a substitute for a consultation with your physician, and should not be used to diagnose or treat a health problem without consulting your physician. It is for reference only and should not be used to determine treatment for specific medical conditions – because only a health care provider can do that.
Nisos Health Services and their health-related information and resources are not intended and must not be taken as the rendering of medical, nursing or professional health care advice or services, or the practice of medicine, nursing or professional health care in any jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, drug, herb, vitamin or supplement discussed on Nisos Health Services website or products.
You understand and agree that in no event will Nisos Health be liable for any decision made or action taken in reliance on the information contained on, or accessible through, Nisos Health Services website or products. Reliance on any information provided by, or otherwise appearing on, Nisos Health Services is solely at your own risk.
Proper treatment of health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle and medication regimen. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting a new diet, fitness or supplement regimen. If you are experiencing a medical crisis, please call 911 or contact your local emergency assistance service immediately.
NO EMERGENCY SERVICES
Nisos Health services are for non-emergency purposes only. Nisos Health does not carry emergency or time-critical communications to any type of hospital, law enforcement agency, or any other kind of emergency or time-critical service. Nisos Health Services do not replace 911, your personal health care providers, advice nurses, or other emergency assistance. do not attempt to access emergency care through the services or rely on the services in any way for emergency assistance. If at any time you are concerned about your care or treatment, or if you think you have a medical emergency, call 911 or go to the nearest open emergency room immediately.
If Nisos Health becomes aware of or contemplates an emergency, Nisos Health may secure from any hospital, physician, and/or medical personnel (“Emergency Responders”) any emergency treatment that Nisos Health deems necessary for your immediate care in our sole discretion. You understand and agree that, if we take any action to secure Emergency Responders on your behalf, you, and not Nisos Health, will be solely responsible for payment of all medical services rendered in connection with that treatment.
LINKS TO THIRD PARTY SITES
Nisos Health Services may contain links to other third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Nisos Health of the contents on such third-party websites. Nisos Health is not responsible for the content of linked third-party sites and does not make any representation regarding the content or accuracy of materials on such third-party websites. If you decide to access a linked third-party website, you do so at your own risk.
By providing your phone number (wireless or landline) to Nisos Health Services, you expressly consent to Nisos Health Services calling you at this phone number—in person or through an automated system.
SHORT CODE TERMS OF SERVICE
When you opt-in to the service by providing your mobile number, you are agreeing to receive Alerts via SMS from various long codes and short codes associated with Nisos Health Services. Message and data rates may apply. Message frequency will vary based on your use. Text “HELP” for help. Text “STOP” to cancel.
You can cancel this service at any time. Just text “STOP” to the number you received a text message from. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again.
If at any time you forget what keywords are supported, just text “HELP” to the number you received a text message from. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (ImmixWireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
T-Mobile is not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can contact us.
INTELLECTUAL PROPERTY COMPLAINTS
Nisos Health respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement
When you use apps created by Nisos Health, such as the Nisos Health App, Surgerical App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
The app does use third party services that declare their own Terms and Conditions.
Link to Terms and Conditions of third party service providers used by the app
SANCTIONS AND EXPORT POLICY
You may not use any Nisos Health Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Nisos Health Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Nisos Health Software), technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Nisos Health Services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Nisos Health Services are provided by Nisos Health on an “as is” and “as available” basis, unless otherwise specified in writing.
Nisos Health makes no representations or warranties of any kind, express or implied, as to the operation of the nisos health services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Nisos Health, unless otherwise specified in writing.
You expressly agree that your use of the Nisos Health Services is at your sole risk.
To the full extent permissible by law, Nisos Health disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Nisos Health does not warrant that the Nisos Health Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Nisos Health Services, Nisos Health’s servers or electronic communications sent from Nisos Health are free of viruses or other harmful components.
To the full extent permissible by law, Nisos Health will not be liable for any damages of any kind arising from the use of any Nisos Health Service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any nisos health service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Any dispute or claim relating in any way to your use of any Nisos Health Service will be adjudicated in the state or New York, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.
By using any Nisos Health Service, you agree that applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Nisos Health.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Nisos Health Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ADDITIONAL NISOS HEALTH SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Nisos Health Services (the “Nisos Health Software”).
Use of the Nisos Health Software
You may use Nisos Health Software solely for purposes of enabling you to use the Nisos Health Services as provided by Nisos Health, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Nisos Health Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Nisos Health Software in whole or in part. All software used in any Nisos Health Service is the property of Nisos Health or its software suppliers and is protected by United States and international copyright laws.
Use of Third Party Services
No Reverse Engineering
You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Nisos Health Software, whether in whole or in part.
We may offer automatic or manual updates to the Nisos Health Software at any time and without notice to you.
CHANGES TO THIS TERMS AND CONDITIONS
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of Jul 10, 2021
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at email@example.com or by calling us at 1-844-900-2523
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