The Terms of Use and Privacy Policy set forth in this document apply to any and all uses of and access to this Mobile Application, which is owned and operated by The Children's Hospital of Philadelphia (“CHOP”), Cincinnati Children’s Hospital Medical Center (“CCHMC”), and Northwell Health, Inc. (“Northwell”) (together the “Owners”).
Use of this Mobile Application is governed by this Mobile Application Terms of Use (“Agreement”). Please read this Agreement carefully before accessing or using this Mobile Application. Throughout this Agreement, CHOP, CCCHMC, and Northwell are collectively referred to as "Owners," "we," or "us." By accessing or using this Mobile Application, you agree to be bound by all of the terms and conditions of this Agreement. This Agreement is intended to be fully effective and binding on you and on us. BY USING THIS MOBILE APPLICATION, YOU ACCEPT THESE TERMS OF USE.
Copyright 2020 by The Children’s Hospital of Philadelphia, Cincinnati Children’s Hospital Medical Center, and Northwell Health, Inc. ALL RIGHTS RESERVED.
All material included in this Mobile Application, including the files associated with it, are protected by U.S. and international copyright laws. The marks "Children’s Hospital of Philadelphia," "CHOP," "CHOP Connection," the CH logo and the tumbler logos are marks of CHOP. The marks "Cincinnati Children’s Hospital Medical Center," “Children’s Hospital Medical Center,” "CCHMC," and the associated logos are marks of CCHMC. The marks "Northwell Health, Inc.," "Northwell," and the Northwell logo are marks of Northwell.
The materials on this Mobile Application are copyrighted by us and/or by other applicable rights holders. No part of this Mobile Application or the materials included in this Mobile Application may be reproduced in any form, by any means, or utilized in any other way without our prior written permission and the permission of the applicable rights holder(s).
Subject to the terms and conditions hereunder, Owners hereby grant to you a personal, revocable, non-transferable and non-exclusive license to install and use this Mobile Application on your mobile device for the purposes of your own internal, noncommercial use and to view, download for caching purposes only, and print pages from the Mobile Application for your own personal use, subject to the restrictions in this Agreement. No license is granted to any third party and you have no right to make available to anyone access to the Mobile Application. Owners reserve the right to discontinue all or part of the Mobile Application or the foregoing license grant with or without notice at any time. Owners do not transfer any ownership interest in the Mobile Application, any Content (as defined below), or any intellectual property related to any of the foregoing, to you under these terms. Owners retain all right, title and interest in and to the Mobile Application. You agree that Owners, in their sole discretion, may terminate or restrict your use or access to the Mobile Application (or any part thereof) for any reason, including, without limitation, that Owners believe you have violated or acted inconsistently with this Agreement. Except for the limited permission set out above, nothing in this Agreement should be construed as granting any other right or license. You will not cause, attempt, or permit reverse-engineering, disassembly, or decompilation of the Mobile Application or otherwise attempt to derive the source code of the Mobile Application. You will not modify or amend the Mobile Application or create any derivative works or improvements thereto (all such modifications, amendments, improvements of derivative works collectively referred to as "Modifications") without the prior written consent of Owners. Modifications, whether authorized or unauthorized, will be solely owned by Owners.
Owners offer this Mobile Application for research purposes only for the research project entitled “COMETS Trial/iManage”. Nothing related to this Mobile Application is intended as medical advice nor should be used for diagnosis or treatment apart from consultation with a qualified healthcare professional. This Mobile Application is not intended to create any physician-patient relationship, nor should it be considered a replacement for consultation with a healthcare professional. Any data submitted to this Mobile Application will not be reviewed or accessed by any CHOP, CCHMC, or Northwell healthcare provider for any treatment purpose or other clinical use.
IF YOU HAVE QUESTIONS OR CONCERNS ABOUT YOUR HEALTH, CONTACT YOUR HEALTHCARE PROFESSIONAL.
Use of this Mobile Application should not take the place of a face-to-face consultation with your healthcare professional. Every healthcare professional is responsible for his or her own actions and the use of information collected and/or generated by this Mobile Application is not intended to replace the clinical judgment of your healthcare professional. It is the responsibility of your healthcare professional to check and determine all diagnosis and the indications, contraindications, and dosages of any medications and/or treatments prescribed or undertaken.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
THIS MOBILE APPLICATION AND ANY INFORMATION PROVIDED ON THIS MOBILE APPLICATION, OR IN COMMUNICATIONS RECEIVED FROM OWNERS IN RESPONSE TO REQUESTS SUBMITTED THROUGH THIS MOBILE APPLICATION, ARE NOT INTENDED TO CONSTITUTE THE PRACTICE OF OR FURNISHING OF MEDICAL, NURSING, OR PROFESSIONAL HEALTHCARE ADVICE, DIAGNOSIS, CONSULTATION OR TREATMENT OR SERVICES IN ANY JURISDICTION. THE INFORMATION IS PROVIDED “AS IS,” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR OTHERWISE. OWNERS MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION PROVIDED ON THIS MOBILE APPLICATION IS ACCURATE, COMPLETE, OR CURRENT. OWNERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR, OWNERS MAKE NO REPRESENTATION OR WARRANTY THAT THE INFORMATION PROVIDED ON THIS MOBILE APPLICATION, OR YOUR USE OF THE INFORMATION, WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT OF ANY OTHER PERSON. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS PARAGRAPH IS INTENDED TO FREE THE OWNERS FROM LIABILITY FOR THEIR OWN NEGLIGENCE.
THIS MOBILE APPLICATION INCLUDES FEATURES THAT PERMIT USERS TO POST AND SHARE CONTENT WITH OTHER USERS. YOU REPRESENT, WARRANT, AND AGREE THAT YOU WILL NOT USE THESE FEATURES TO (1) TRANSMIT ANY CONTENT (INCLUDING TEXT AND IMAGES) THAT CONTAINS UNLAWFUL, THREATENING, FRAUDULENT, LIBELOUS, DEFAMATORY, OBSCENE OR ABUSIVE INFORMATION OR LANGUAGE; (2) HARASS, THREATEN, STALK, OR CAUSE DISTRESS, UNWANTED ATTENTION OR DISCOMFORT TO ANY OTHER USER OF THE MOBILE APPLICATION; (3) TRANSMIT UNSOLICITED MESSAGES, ADVERTISEMENTS, SOLICITATIONS, OR OTHER UNSOLICITED COMMERCIAL COMMUNICATIONS; (4) POST CONTENT (INCLUDING TEXT AND IMAGES) THAT VIOLATE OR INFRINGE UPON THE RIGHTS OF ANY THIRD-PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY, PUBLICITY, OR OTHER PERSONAL OR PROPRIETARY RIGHTS, BREACHES OR CONFLICTS WITH ANY OBLIGATION, SUCH AS A CONFIDENTIALITY OBLIGATION; OR (5) TRANSMIT VIRUSES, TROJAN HORSES, WORMS, OR OTHER HARMFUL, DISRUPTIVE, OR DESTRUCTIVE FILES. ATTEMPTED USE OF THESE FEATURES FOR SUCH PURPOSES WILL LEAD TO TERMINATION OF USE AND POTENTIAL LEGAL PROSECUTION. OWNERS MAY MONITOR CONTENT (INCLUDING TEXT AND IMAGES) POSTED AND SHARED BY USERS ON THE MOBILE APPLICATION, AND OWNERS RESERVE THE RIGHT TO MODIFY, EDIT, OR REMOVE ANY OF SAID CONTENT IN THEIR SOLE DISCRETION, WITHOUT NOTICE, AND FOR ANY REASON. YOU ACKNOWLEDGE AND ACCEPT THAT THE VIEWS AND OPINIONS EXPRESSED BY OTHER USERS ON THE MOBILE APPLICATION ARE THEIRS ALONE AND SHOULD NOT BE ATTRIBUTED TO OWNERS. CONTENT POSTED AND SHARED BY USERS AND THIRD-PARTY CONTENT ARE THE SOLE RESPONSIBILITY OF THE USERS AND THIRD-PARTIES, AND THEIR ACCURACY AND COMPLETENESS ARE NOT ENDORSED OR GUARANTEED BY OWNERS.
THIS MOBILE APPLICATION INCLUDES FEATURES THAT PERMIT USERS TO EARN CERTAIN REWARDS FOR COMPLETING CERTAIN TASKS, GOALS AND CHALLENGES. YOU UNDERSTAND AND AGREE THAT THESE REWARDS HAVE NO MONETARY VALUE.
THE OWNERS HAVE NO INTENT TO COMPENSATE YOU OR ANY OTHER USER OF THIS MOBILE APPLICATION FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS MOBILE APPLICATION, OR SITES ACCESSED THROUGH THIS MOBILE APPLICATION, AND/OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH THIS MOBILE APPLICATION.
We make no representations regarding the presence on this Mobile Application of viruses, Trojan horses, worms, or other harmful, disruptive, or destructive files. While we will make reasonable efforts to prevent such files from appearing on this Mobile Application and to remove any such files that do appear, we cannot promise that such files may not be present or may not appear and other entities – not the Owners – may be the cause of any such harmful files. We do not intend to compensate you for any damage to you or effects caused by such harmful files by reason of your access to this Mobile Application.
We make no representations whatsoever about any other website that you may access through the Mobile Application. When you access a third party site, please understand that it is independent from Owners, and that Owners have no control over the content on that website. In addition, a link to a non-CHOP, non-CCHMC, or non-Northwell website does not mean that any of the Owners endorse or accept any responsibility for the content, or the use, of the linked site. It is also up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Mobile Application, you do this entirely at your own risk.
You agree to indemnify each of the Owners and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors, trustees and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) to the extent arising directly or indirectly out of your breach or violation of this Agreement or any other term or condition contained on this Mobile Application.
CHOP, CCHMC and/or Northwell is the owner of all content prepared for, or used on, this Mobile Application, unless superseded by another agreement, (such as terms set forth on other platforms like Facebook, Twitter and YouTube). "Content" means all text, images, files, videos, designs, layouts, color schemes, concepts, methods, techniques, process and data used in connection with, displayed on, or collected from or through this Mobile Application.
CHOP is located in Philadelphia, Pennsylvania, in the United States of America. CCHMC is located in Cincinnati, Ohio, in the United States of America. Northwell is located in Manhasset, New York, in the United States of America. Owners make no claims that this Mobile Application is appropriate or may be downloaded outside of the United States. Access to this Mobile Application may not be legal by certain persons or in certain countries. If you access this Mobile Application from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Terms of Use, Jurisdiction, Indemnity, and Complete Agreement.
These Terms of Use are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws or choice of laws principles. If any provision of these Terms of Use is found to be invalid by any court having jurisdiction, then the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Except as expressly provided in a particular "legal notice" on this Mobile Application, these Terms of Use constitute the entire agreement between you and Owners with respect to use of this Mobile Application.
Please also read our Privacy Policy below.Owners have created these policies to demonstrate its commitment to privacy. It discloses our information-gathering and dissemination practices for this Mobile Application.
To access this Mobile Application, you will be asked to create a username and password. It is important that you keep your username and password confidential. Anyone with access to your username and password will be able to access the same data, information and resources you can access. It is your responsibility to prevent disclosure of your username and password and to change your password if you feel that your security has been compromised. You may change your password at any time.
If there is any damage to you arising from your sharing or losing your password, we will not compensate you for such injuries, because you, and not we, would be the cause of those injuries. We therefore take no responsibility for and disclaim any and all liability for damages to you or others arising from your sharing or losing your password. If Owners discover that you have inappropriately shared your password or that you may have misused or abused your access privileges in any way, access to your Mobile Application account may be terminated immediately.
In no event will you deliberately attempt to access information for any account other than the one you have either established or been provided access. If any unauthorized access to the Mobile Application by you is discovered, your access will be terminated.
YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE MOBILE APPLICATION EXCEPT TO THE EXTENT CAUSED BY THE NEGLIENCE OF OWNERS.
The Mobile Application is intended to be an online resource for teens and young adults with Sickle Cell Disease. The Mobile Application helps track goals as well as daily pain and mood. By using the Mobile Application, you agree to use the Mobile Application solely for the purpose of the research study entitled “COMETS Trial/iManage” and to grant Owners a perpetual, non-exclusive, non-transferable right to access the data you input into the Mobile Application for the purposes of the research study entitled “COMETS Trial/iManage.”
You further grant to Owners and to all other persons or entities involved in the operation of this Mobile Application, including without limitation Agency 39A, LLC, Firebase, Google Analytics and its affiliates, the right to transmit, monitor, retrieve, store, and use your information in connection with the administration, operation and maintenance of this Mobile Application, including but not limited to sharing your information with Agency 39A, LLC, Google technical support and Google products and services.
In addition to the data you input into the Mobile Application, this Mobile Application also collects aggregate information about user properties (e.g., number of active users, where users are most engaged on the application, user retention, geographic location, mobile device platform, user adoption of new releases, source of new users, application stability, etc.) and user events (e.g., clearance of data, application removal, first open, notification sends/receipts, screen views, session starts, ecommerce purchases and in-app purchases). We use this information to maintain and improve our Mobile Application.
Please note that Owners will not intentionally share the contents of any feedback or comment form you submit through the Mobile Application with any third party. However, due to the nature of electronic communications, we cannot and do not provide any assurances that the contents of your feedback or comment form will not become known or accessible to third parties.
WE URGE YOU NOT TO PROVIDE ANY CONFIDENTIAL INFORMATION ABOUT YOU OR YOUR HEALTH TO US VIA THE FEEDBACK OR COMMENT FORM.
We are committed to protecting the privacy of children. This Mobile Application is intended for adults and young adults age 13 and over. It is not intended for or designed to attract persons under the age of 13. We do not permit registration by, nor do we collect personally identifiable information from, any person we actually know to be under the age of 13.
Our privacy policies apply only to your use of this Mobile Application. This Mobile Application may contain links to other sites, including sites that may indicate a special relationship with us. While we do not disclose personally identifiable information to those operating these linked sites, we are not responsible for the privacy practices of such other sites. You should read the privacy policies of each site you visit to determine what information that site may be collecting about you.
We may send push notifications or alerts to your mobile device even when you are not using the application. By continuing with this mobile application you are consenting to the use of such notifications. At any time, you can manage your push notification preferences or deactivate these notifications by turning off the Push Notifications settings in the application or in the device settings of your mobile device.
Just as with the other terms and conditions of this Agreement, we may change the terms and conditions of our Privacy Policies at any time by posting revisions on this Mobile Application.
You agree to review the Privacy Policies each time you use this Mobile Application so that you are aware of any modifications made to these policies. By accessing or using this Mobile Application (as it is defined in the terms and conditions), you agree to be bound by all of the terms and conditions of the Agreement as posted on this Mobile Application at the time of your access or use, including the Privacy Policies then in effect.
If you have any questions about these privacy policies or the practices of this Mobile Application, please contact us through the “Contact Us” Feedback and Comment Form available in the menu options of this Mobile Application.