Terms of Use

Version: 2017.1
Last Updated: June 7, 2017

These Terms of Use govern the use of www.om1.com and all related subdomains (collectively, the “Site”). The Site is maintained by OM1, Inc. (“OM1”, “we”, or “us”).

By accessing and using the Site, you accept these Terms of Use as well as all policies or other documents referenced herein. This constitutes a legally binding agreement between OM1 and you. Accordingly, we urge you to review the most current Terms of Use at the start of each use of the Site, and if you do not agree to the Terms of Use, please exit this Site immediately.

Changes to the Terms of Use

We reserve the right to change the Terms of Use at any time. All changes will be posted on the Site, and the revised Terms of Use will become effectively immediately upon posting. Your continued access to and use of the Site indicate your agreement to any revised Terms of Use.

Access to the Site

The Site consists of both public areas and subscription areas. The public areas are generally accessible to the public, and are provided for general informational, educational and communication purposes. The subscription areas of the Site may be accessed only by registered users that subscribe to one or more of our services (“Registered Users”). Registered Users may only access the subscription area of the Site with our approval and after executing a separate subscription agreement with us. Additional terms and conditions for those Registered Users related to their access to the Site are set forth in a the separate subscription agreement which is separate from these Terms of Use (“Subscription Agreement”).

To access the Site, you may be asked to register and provide certain information to us. All such information must be accurate and complete. Any information you provide to us through the Site will be governed by our Privacy Policy, and you agree that we may use your information in any manner consistent with our Privacy Policy.

We reserve the right to take down or amend the Site, including any content, services or materials provide on the Site, in our discretion at any time. Periodically, we also may limit access to parts of the Site, or the entire Site, to users, including Registered Users.

We have no obligation to update any information or content on the Site, and information or content may be out of date at any given time.

Permitted Uses of the Site

You will access and use the Site solely for your internal, non-commercial purposes. Registered Users are further restricted to access and use the Site only as permitted in the separate subscription agreement signed with us. You will not post, publish, reproduce, transmit, distribute or otherwise view, use or exploit the Site or any content in a manner that: (1) is inconsistent with these Terms of Use; (2) violates any federal, state or local law, rule, regulation or order, or (3) could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

You agree that you will not interrupt or attempt to interrupt the operation of this Site in any way. You will not impersonate any person or entity, or misrepresent your affiliation with a person or entity, or misrepresent the origin of any information that you provide to us. You agree that your use of the Site will at all times be for a lawful purpose and you agree to comply with all applicable laws and regulations in your use of the Site. Possible evidence of use of this Site for illegal purposes may be provided to law enforcement authorities.

You will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, “Malware”). We do not have an obligation to detect the presence of such Malware. If you download software or any other Content from the Site, you do so at your own risk.

You understand that OM1 may discontinue, change or restrict your use of the Site for any reason without notice, including if we have reason to believe you violated or may violate any of these Terms of Use.

Age and Geographic Restrictions

The Site may be accessed only by individuals who are 18 years of age or older. OM1 is based in the Commonwealth of Massachusetts in the United States of America. The Site is provided for use only by persons located in the United States. We make no representation that the Site or content in the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. 

Proprietary Rights

OM1  retains ownership of the Site and all materials provided on the Site, as well as all rights, title, and interest therein, including, without limitation, all patents, copyrights, trade secrets, trademarks and other proprietary rights. You acknowledge and agree that the Site, and any necessary software used in connection with the Site (“Software”) are proprietary and confidential and are protected by applicable intellectual property and other laws. Except as expressly authorized in advance in writing by OM1, you shall not modify, rent, lease, loan, sell, distribute or create derivative works based, in whole or in part, on the Site or the Software. You shall not claim or assert any right or title to the Site or Software, or otherwise interfere with OM1’s ownership rights therein.

You shall not (and shall not permit any third party to) copy, modify, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site or Software. You shall not modify the Site or Software in any manner or form, or use modified versions of the Site or Software. You shall not access the Site by any means other than through the interface that is provided by OM1.

In the event of any actual or suspected breach of the terms of this Proprietary Rights section, you acknowledge and agree that OM1 would suffer irreparable harm and that, in addition to any other available rights and remedies, OM1 shall be entitled to an injunction restricting you from committing or continuing any violation hereof.

Copyrights and Trademarks

The contents and materials appearing on this Site, including the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of OM1 or used under license. You acknowledge that all such materials are and shall remain our property or the property of our licensors. You may use the content of the Site only for your personal, non-commercial use, and no content may be reproduced, downloaded, republished, retransmitted, distributed, adapted or otherwise used without the written permission of OM1 or its licensors. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Site content, in whole or in part.

“OM1,” “OM1 Health,” “OM1 Predict,” “OM1 Pro,” “OM1 Score,” the OM1 logo, and all related logos, product and service names, designs and slogans are registered trademarks or trademarks of OM1 or its affiliates or licensors. All other names, logos, product and service names, designs and slogans on the Site are the registered trademarks or trademarks of their respective owners in the United States and/or other countries. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of federal and state law and the trademark laws throughout the world. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark of OM1 or any third party. You may not use our name, trademark, symbol or service mark without our prior express written approval.

Any unauthorized use of the Site or materials appearing on the Site may violate copyright, trademark or other applicable laws and could result in criminal or civil penalties.

Third Party Materials

OM1 may make available materials that are owned by third parties, such as health-related surveys and instruments (“Licensed Properties”). By using the Site, you hereby agree to the following: (a) you may use the Licensed Properties only for your internal, non-commercial purposes; (b) you may not use the Licensed Properties in any time-sharing, service bureau, application service provider or software-as-a-service arrangement or service; (c) you may not transfer or convey any rights or licenses granted to you with respect to the Licensed Properties; and (d) you may not cause or permit the copying, modification, reverse engineering or de-compilation of any Licensed Properties. You acknowledge that OM1 and the applicable licensors of the Licensed Properties disclaim any and all warranties and liabilities for any losses or damages, whether direct or indirect, including incidental or consequential damages, arising from the use of the Licensed Properties.

Privacy

All information you provide to us via the Site will be used and protected in accordance with our <<Privacy Policy.>> 

Linking

The Site may contain links to websites maintained by third parties. These links are provided for convenience only, and we do not endorse or guarantee references or sites listed. No favorable or unfavorable inference should be drawn from our linking or failure to link to any third party site. If you visit such third party websites from the Site, please be aware that such sites are not subject to the Terms of Use. We have no control over those sites, and accept no responsibility for the nature, content or accuracy of any information contained therein. If you visit the third party websites linked from the Site, you do so at your own risk.

You may not link to the Site from any other website, and you may not copy the contents or other elements of the Site (e.g., framing) with any other website, unless we approve in advance in writing.

Monitoring

We have the right, but not the obligation, to monitor and investigate all uses of the Site, including actual or potential violations of the Terms of Use or other misuse of the Site. Based on our findings, we may terminate or suspend user access, and remove, disable or modify any materials and report. We also may disclose information we deem necessary to comply with any applicable law or regulation or to protect OM1, other Site users or any third parties.

Communications With Us

We are unable to guarantee the confidentiality of any communication or material transmitted to us via the Site or otherwise via electronic mail. Accordingly, you should use caution when transmitting any information to us via such means. For example, you should not include confidential or sensitive information about you (such as your Social Security number) in any email that you send to us. We hereby expressly disclaim any liability for damages resulting from third party interception of your communications with us via the Site or via electronic mail. If you choose to send us any information via the Site or via e-mail, you do so solely at your own risk.

Disclaimer of Warranties

THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OM1 MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. UNDER NO CIRCUMSTANCES WILL OM1 BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, AND YOU ARE SOLELY RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND THE CONTENT AVAILABLE ON THE SITE IS AT YOUR SOLE RISK. OM1 MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN 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 SUCH CONTENT, MATERIAL AND/OR DATA.

WHILE HEALTH INFORMATION PROVIDED THROUGH THE SITE MAY BE A VALUABLE RESOURCE, IT IS NOT DESIGNED TO OFFER MEDICAL ADVICE OR DIAGNOSES. SUCH HEALTH INFORMATION IS PROVIDED FOR GENERAL MEDICAL EDUCATION PURPOSES ONLY AND IS NOT MEANT TO SUBSTITUTE FOR THE INDEPENDENT MEDICAL JUDGMENT OF A CLINICIAN RELATIVE TO DIAGNOSTIC AND TREATMENT OPTIONS OF A SPECIFIC PATIENT. CLINICAL JUDGMENT MUST GUIDE EACH CLINICIAN IN WEIGHING THE BENEFIT OF ANY DIAGNOSTIC INTERVENTION OR TREATMENT APPROACH AGAINST THE RISK OF THE INTERVENTION OR TREATMENT. IN NO EVENT WILL OM1 BE LIABLE FOR ANY DECISION MADE, TREATMENT PROVIDED AND/OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SITE.

Limitation of Liability

YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST OM1 FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE OR IF YOU SEEK TO ASSERT ANY CLAIM ARISING OUT OF OR RELATING TO THE TERMS OF USE OR THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE.

IN NO EVENT SHALL OM1 OR ITS AFFILIATES, OR ANY OF OUR AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUE, PROFITS, BUSINESS, GOODWILL, OR DATA ARISING OUT OF OR RELATING TO THESE TERMS OF USE, YOUR USE (OR INABILITY TO USE) THE SITE AND ANY CONTENTS ON THE SITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR OTHER THIRD PARTY WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION.

Indemnification

You will indemnify, defend and hold harmless OM1 and our affiliates, and our and their officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Site or any violation of these Terms of Use.

Termination

OM1 may suspend or terminate your access to and use of the Site, with or without cause, at any time and without notice. The applicable version of these Terms of Use shall continue to apply to all prior use of the Site. The following paragraphs of these Terms of Use shall survive termination: Intellectual Property, Third Party Materials, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination, Miscellaneous and any other provision that by its nature or term survives termination.

Governing Law

These Terms of Use and all matters relating to your access to, or use of the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to conflict of law principles. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Jurisdiction

You agree that the sole jurisdiction and venue for any litigation arising from your use of this site shall be an appropriate federal or state court located in Boston, Massachusetts.

Complete Agreement

These Terms of Use, together with the Subscription Agreement, are the final, complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersede any prior or contemporaneous agreements or understandings, either written or oral, pertaining to the subject matter herein.

Waiver

No waiver by OM1 of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by OM1 to assert a right or provision hereunder shall not constitute a waiver of such right or provision.

Severability

If any of the provisions in these Terms of Use shall be held to be invalid, illegal or unenforceable, it shall be severed from these Terms of Use. The validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

Questions

If you have any questions about the Site or these Terms of Use, please feel free to contact us at (888) 324-3899.