PPS Health LLC

APPLICATIONS TERMS OF USE

These Terms of Use are effective as of January 1, 2022.

These Terms of Use govern your use of and access to the PPS Health LLC (doing business as Bluestone) website available at http://ppshealth.com/, any applications (including mobile applications), the online platform (which includes an administrative dashboard and other cloud-based online functions), and any other products or access to services provided by Bluestone (together, the “Applications”). By using or accessing the Applications, you are agreeing to these Terms of Use.

These Terms of Use are subject to change by Bluestone (also referred to herein as “we” or “us”), at any time in its sole discretion. Please consult these Terms of Use regularly. If you do not agree to all of these Terms of Use, please do not use the Applications. These Terms of Use apply to the use of the Applications and any account provided therewith. 

The Applications are not intended for medical emergencies or urgent situations. IF YOU BELIEVE YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.

Privacy

Your privacy is important to us. Please review our Notice of Privacy Practices, as applicable, and Privacy Policy, which describes our collection, storage, use, disclosure, and transfer of information about users of the Applications. The Privacy Policy is expressly incorporated herein by reference and made a part of these Terms of Use.

Accounts

In order to access, use, or otherwise provide information to the Applications, you may be asked to create an account and provide certain registration details or other information, as further detailed in our Privacy Policy. You agree that you will not use the Applications or create an account unless you are at least 13 years of age. 

You further agree that you will not distribute your login credentials to any other person, or authorize the use of your account by any other person, who is not legally authorized to act on your behalf, and that you will not solicit, collect, or use the login credentials of other users. You agree that you will not transfer, sub-license, sell, or assign your rights in your account to any other person. Any unauthorized use of your account by any third party is subject to these Terms of Use as though you were using the account.

At all times, your account will be governed by the current version of these Terms of Use, including any revisions made thereto since your last use of your account, provided that such changes are made available to you in accordance with these Terms of Use.

Bluestone reserves the right to terminate your account or restrict or refuse access to your account or the Applications, or to delete any content posted through your account in accordance with these Terms of Use. If your account is terminated or otherwise deactivated, whether by Bluestone, yourself, or anyone else, your data and Content (defined below) will no longer be accessible through your account, but that data and Content may persist and appear within the Applications. Nevertheless, Bluestone has no obligation to retain any data or Content associated with your account following termination or deactivation of the account.

Bluestone Materials

This Applications may contain text, images, software (including images or files incorporated in or generated by the software or data accompanying such software), photographs, video, graphics, audio, features, data, designs, computer programs, source and object code, documentation, illustrations, animations, databases, logos, domain names, trade names, trade identities, and similar content (collectively, “Bluestone Materials”).

Unless otherwise expressly identified, Bluestone Materials are owned by us or by our third-party licensors. Bluestone Materials may be protected by United States and international copyright, trademark, patient, trade secret and other laws. As between you and Bluestone, Bluestone owns and retains all rights in the Bluestone Materials and the Applications. You may use and download Bluestone Materials solely for your personal use (including use in connection with your employment, as applicable, and in accordance with Bluestone’s relationship with your employer), provided you keep intact all copyright and other proprietary notices. Except as expressly permitted by Bluestone, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Bluestone Materials, including underlying code and software, nor may you sell, transfer, or otherwise use the Applications or Bluestone Materials in commerce or for any public or commercial endeavor without our prior and express written consent. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights of Bluestone, whether by estoppel, implication, or otherwise. We may make changes to Bluestone Materials at any time, and make available to you any material changes no later than the date the changes take effect.

User Content and Responsibilities

You are required to comply with all applicable federal, state, and local laws in connection with your use of the Applications. As a condition of your use of the Applications, you agree that you will not use the Applications or any Bluestone Materials for any purpose that is unlawful or prohibited by these Terms of Use. You agree that you will only provide information in connection with any and all other uses of the Applications that is, to the best of Your knowledge, true and accurate, identifies only you, and is not false, misleading, or otherwise an impersonation of any person or entity.

You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Content”) that you submit, post, transmit, or display on or through the Applications. Bluestone shall not share, disclose, or reproduce Your User Content except as reasonably necessary to provide medical or health advice to You, including Telehealth Consultations.

In addition, you agree not to, without limitation, upload, post, submit, publish, transmit, or display in connection with the Applications, any information or material that:

  • you do not own or have the right to post, including proprietary material of any third party, on related to the Applications; 
  • infringes any intellectual property or other right of any entity or person, including violating anyone’s patent, copyright, trademark, trade secret, right of privacy, right of publicity, or moral rights;
  • breaches any agreement with any other person or entity;
  • does not pertain directly to the Applications;
  • violates any law;
  • advocates illegal activity or conveys an intent to commit an illegal act;
  • is violent, nude, partially nude, vulgar, obscene, pornographic, sexually suggestive, or indecent;
  • threatens or abuses others, libels, defames, invades privacy, stalks, bullies, is false, discriminatory, racist, hateful, abusive, harassing, or offensive, or otherwise injurious or objectionable;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
  • impersonates or spoofs someone else’s identity, or misrepresents your connection to any other entity or person or otherwise forges or manipulates headers or identifiers (including URLs) to disguise the origin of the Content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods, funds, advertisers, sponsors, or services), except as may be specifically authorized on the Applications;
  • constitutes spam or other unsolicited communications;
  • includes programs which contain viruses, worms, spyware, malware, and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • negatively disrupts or impacts how any page is rendered or displayed in a user’s browser or device or affects the ability of other people to engage in real time activities via the Applications;
  • disobeys any policy or regulation established from time to time regarding use of the Applications or any networks related to the Applications; or
  • contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

Bluestone does not pre-screen or regularly review any User Content. Nevertheless, Bluestone reserves the right to remove, edit, block, and/or monitor, without notice, any User Content or accounts containing User Content which Bluestone considers, for any reason, to violate these Terms of Use or to be outside the subject scope of the Applications. In addition, Bluestone reserves the right to force forfeiture of any username for any reason. In addition to any remedies that we may have at law or in equity, if we determine that you have violated or are likely to violate these Terms of Use, governing policies, law, or contract, we may take any action we deem necessary to cure or prevent the violation.

Medical Information

These Applications may convey general information related to medical conditions, their research, testing, and treatment, and other health care topics. Any such information is provided for informational purposes only. The receipt of any User Content does not create a professional relationship between you and Bluestone. THE APPLICATIONS SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR QUALIFIED MEDICAL ADVICE OR CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.

Bluestone’s Employer Saliva RT-PCR Diagnostic and Screening COVID-19 Testing Services 

Where Bluestone has entered into an arrangement with your employer for Saliva RT-PCR Diagnostic and Screening COVID-19 Testing Services for the purpose of surveillance testing of unvaccinated employees and workforce members, in addition to the terms herein and in accordance with the Bluestone Notice of Privacy Practices, Bluestone will only share your personal information, which it has access to or receives related to the testing services, for the sole purpose of communicating with you about the testing services, conducting the testing services, reporting of the results of the testing services, and as required by law. The sharing of this information is further subject to your employer’s testing services requirements and, as such, Bluestone shall maintain, protect, and share the information in accordance with the terms of the arrangement with your employer.  

Telehealth Consultations

Through your use of the Applications, you may have the opportunity to consult with a health care practitioner (“HCP”) via telephonic or other electronic media (“Telehealth Consultations”). Telehealth Consultations are limited to COVID-19 screening and related triage services and shall not include primary or specialty care services. Prior to receiving Telehealth Consultations, an HCP or Bluestone representative will provide you with more details regarding the Telehealth Consultations, including a description of the risks and benefits associated with the use of Telehealth Consultations and request your consent for a consultation. The HCPs will not provide the Telehealth Consultations without such informed consent.

HCPs are independently contracted or employed by Salimpour Medical Group, Inc., a California professional corporation or an affiliated medical practice (the “Practice”), to provide Telehealth Consultations. Bluestone is not responsible for the quality and appropriateness of the care the HCPs render to you. The doctor-patient relationship is between you and the HCP. Your interactions with the HCPs via Telehealth Consultations are not intended to replace your relationship of your other health care practitioners or primary care physician. Neither Bluestone, nor any of its subsidiaries or affiliates nor any third party who may promote the Applications, shall be liable for any professional advice obtained from an HCP via Telehealth Consultation, or any information obtained on the Applications.

Bluestone and the Practice operate subject to state and federal regulations related to Telehealth Consultations, and thus, Telehealth Consultations may not be available in your state. Bluestone represents, with regard to the Telehealth Consultation from an HCP via Bluestone, that no HCP is barred under applicable state or federal law from dispensing information or advice via a Telehealth Consultation. Access to and use of the Telehealth Consultations is limited exclusively to users located in states within the United States where the Applications are available.

Neither Bluestone, the Practice, nor any HCP shall bill any health plan, health insurance, or third party payor for Telehealth Consultations provided as part of the Applications. By agreeing to use the Applications, you acknowledge and agree that you or your employer will pay directly for any Applications, including Telehealth Consultations provided to you, and neither Bluestone, the Practice, nor any HCP will bill any insurance, including federal or state health care programs, for such Applications.

Linking and Third Parties

The Applications or communications you receive from the Applications may contain links to third-party websites, applications, or features (together, the “Third Party Applications”). In addition, some of the Applications may permit interactions between the Applications and Third-Party Applications. Bluestone does not control any of these Third Party Applications or any of their content. The inclusion of any link to Third Party Applications does not necessarily imply Bluestone’s endorsement of or affiliation with that third party. You acknowledge and agree that Bluestone has no responsibility or liability for any such Third-Party Applications. Your correspondence and dealings with third parties found through the Applications are solely between you and the third party. By using such Third Party Applications, you acknowledge and agree that: where it is beyond Bluestone’s reasonable control, your use of Third Party Applications may cause personal information to be publicly disclosed and/or associated with you even if Bluestone itself has not provided such information; and your use of Third Party Applications is at your own option and risk, and you will hold the Bluestone harmless for activity related to the Third Party Applications.

Disclaimer

Your use the Applications at your own risk (including but not limited to any damage to your computer system, loss of data, damage resulting from reliance on the Applications, or other damages that result from obtaining any content from the Applications including computer viruses). To the extent permitted by law, Bluestone, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors (collectively, the “Bluestone Parties”) provide the Applications, “as available,” and “with all faults,” without warranty of any kind, and specifically disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, noninfringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer viruses.

No information provided via the Applications, or by the Bluestone Parties, shall create any warranty, the Bluestone Parties make no warranty, representation, covenant, or guarantee whatsoever, express or implied, specifically: 

as to the value, quality, timeliness, usefulness, reliability, security, suitability, accuracy, truthfulness, or completeness of the Applications;

that the Applications will operate uninterrupted or error-free;

that the Applications or the Bluestone materials will meet your needs or expectations;

as to the quality or value of any of Bluestone’s applications, content, information, or other material you purchase or obtain via the Applications;

as to the availability of electronic or telecommunication applications and access to the electronic or telecommunication applications at any time or from any location, any loss, and any disclosure of information to third parties or failure to transmit any data, communications, or settings connected with the electronic or telecommunication applications; or

that any errors pertaining to the Applications will be corrected.

You acknowledge that your use of the Applications is at your sole risk except for your damages resulting from the Bluestone Parties’ unauthorized use of user content or their illegal acts. By accessing or using the Applications you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Applications.

The Bluestone Parties do not endorse user content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability, or other cause of any kind or character based upon or resulting from any user content.

Limitation on Liability

Except as provided herein, under no circumstances will the Bluestone Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Applications; (b) the Bluestone materials; (c) user content; (d) your use of, inability to use, or the performance of the Applications; (e) any action taken in connection with an investigation by the Bluestone Parties or law enforcement authorities regarding your or any other party’s use of the Applications; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the operation of the Applications; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, as applicable. Notwithstanding the foregoing or anything else seemingly to the contrary in these terms of use, the Bluestone Parties’ do not disclaim or limit their liability for damages resulting from their unauthorized use or disclosure of user content or from the negligent provision of Applications or Telehealth Consultations by the Bluestone Parties or HCPs.

You agree that in the event you incur any damages, losses or injuries that arise out of Bluestone’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by the Bluestone Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or content owned or controlled by the Bluestone Parties.

Bluestone is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

Bluestone reserves the right, at any time, in Bluestone’s sole and exclusive discretion, to amend, modify, suspend, or terminate the Applications, Bluestone Materials, or User Content, or any part thereof, and/or your use of or access to them, with or without notice, provided that Bluestone shall notify You of material changes to the Terms of Use no later than the date that the changes take effect. Bluestone shall have no liability to you or any other person or entity for any modification, suspension, or termination, or any loss of related information.

You acknowledge and agree that Bluestone is not a backup service and you are solely responsible for User Content backup and storage. The Bluestone Parties will not be liable to you for any modification, suspension, or discontinuation, of the Applications, or the loss of any User Content. You further acknowledge that the Internet may be subject to security breaches, and as such, submission of User Content or other information may not be secure. You agree to accept sole and exclusive responsibility (as between Bluestone and you) for adequate protection of your data and/or devices and equipment used in connection with the Applications, though the aforementioned shall not disclaim or limit Bluestone’s responsibility or liability for its use or disclosure of Your User Content except as authorized by these Terms of Use.

You are solely responsible for your interactions with other users of the Applications, whether online or offline. You agree that the Bluestone Parties have no responsibility or liability whatsoever for the conduct of any user.

Dispute Resolution

Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, including all questions of arbitrability, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the Arbitration, the appointment shall be made by the AAA in accordance with the Commercial Arbitration Rules. The place, or legal seat of arbitration, shall be Your State of residence, and the language of the arbitration shall be English. You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons. Each party shall be exclusively responsible for paying its own arbitration filing fees, which may later be allocated by the arbitrator as set forth below.

The arbitrator shall issue a reasoned award and, subject to the limitation of liability set forth above, shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. 

Parental Notice

Pursuant to 47 U.S.C. Section 230(d) as amended, Bluestone hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet, e.g.:


http://en.wikipedia.org/wiki/List_of_contentcontrol_software.

Copyright Claims

If you believe that your copyright has been infringed in any way by the Applications, promptly provide in writing the following information to our Digital Millennium Copyright Act (17 U.S.C. §512) Designated Agent:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Bluestone to locate the material;

Information reasonably sufficient to permit Bluestone to contact you, such as an address, telephone number and e-mail address;

A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for the Applications is:

Christie, Parker, & Hale LLP

Attn: PPS Health LLC DMCA Designated Agent

  1. O. Box 29001

Glendale, California 91209-9001

Or fax to: (626) 577-8800, Attn: PPS Health LLC DMCA Designated Agent

Other Intellectual Property Claims

If you believe that your other intellectual property or publicity rights have been infringed in any way by the Applications, please provide a detailed description of the alleged infringement for further investigation via e-mail to info@ppshealth.com. Bluestone’s receiving, investigating, or responding to your e-mail shall not constitute Bluestone’s agreement or verification of your claim(s) nor any admission of liability therefor. Bluestone makes no commitment, covenant, promise, warranty, representation, or guarantee that it will receive, review, investigate, or respond to your claim within any particular time.

Consent to Communications

By providing us with your contact information and using the Applications, you agree to receive communications, including via e-mail, text messages, phone calls, social media, and push notifications from or on behalf of Bluestone at the e-mail address or telephone number (including mobile number) you provided. Please read our Notice of Privacy Practices, as applicable, and Privacy Policy to learn more about our communications practices and your rights related to restricted communications. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any applicable legal communication requirements, including that those communications be in writing.

Governing Law

These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to its principles of conflicts of laws. The United Nations Convention for the International Sale of Goods is excluded and shall not apply.

No Third-Party Rights

Unless expressly stated in these Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Bluestone, and our successors and assigns. Nothing in these Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you and Bluestone and our successors and assigns, nor shall any provision give any third parties any right of subrogation or action over against you, Bluestone, and our successors and assigns.

Force Majeure

Neither party shall be deemed to be in breach of these terms or liable for any breach of these Terms of Use or our Privacy Policy due to any event or occurrence beyond the party’s reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, or other disaster.

Entire Agreement

These Terms of Use and the Privacy Policy constitute the entire agreement between you and Bluestone and supersede all previous written or oral agreements. Bluestone’s failure to exercise or enforce any right or provision of these Terms of Use shall not be deemed a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, illegal, or unenforceable under any applicable statute or rule of law, it is, to the extent necessary, deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way. You may not assign this agreement to anyone else, and any attempt by you to assign shall be void.