401Health - Terms and Conditions of Use

Welcome to the 401Health mobile application (the “Application,” as defined below).  These Terms and Conditions of Use (“Terms”) govern your use of the Application and can be found online.  Please read the Terms in full before using the Application.  You must accept these Terms to use the Application, and by using the Application, you expressly accept these Terms and acknowledge that you are bound by these Terms as well as the Privacy Policy. The Developer (as defined below) reserves the right to modify these Terms at any time without notice.  By using the Application, you acknowledge that you are responsible for periodically reviewing these Terms and any updates thereto, and your continued use of the Application represents your express agreement to the Terms as they existed at the particular time you used them.

Definitions

As used herein, the following terms will have the following meanings.

“Application”: means the mobile application available for use on mobile devices currently titled “401Health.” 

“Developer”: means the State of Rhode Island and all of its agencies, employees, agents, attorneys, contractors, and all other persons or entities acting on the direction and on behalf of Rhode Island.

“User”: means any individual or organization that downloads the Application.

“You”: means the User.

Access to the Application

You will be able to access the Application without having to register any details with the Developer.

The Application is only available for download through third-party websites or application stores.  By using the Application, you acknowledge that the Developer has no control over any such third-party websites or application stores and by downloading the Application, you are bound by and subject to the terms and conditions and privacy policies that apply to the third-party website and/or application stores. You also acknowledge that your use of such websites and application stores is at your own risk, and that the Developer is not liable for any reason arising from or relating to your use of such websites or application stores.  

Use of the Application

The Application, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other material provided, and the collection, compilation, and assembly thereof, are the exclusive property of the Developer and are protected by U.S. and international copyright laws.  You acknowledge that you may not reproduce, copy, or otherwise use such copyrighted materials for any reason other than those expressly permitted herein.

The contents of the Application are intended for informational purposes only.  Use of such contents, including the reproduction, modification, distribution, transmission, republication, display, or performance of the contents for any other purpose without the Developer’s prior written consent is expressly forbidden.  

Any other trademarks or service marks appearing within the Application are the property of their respective owners.  To the extent that any product name or logo is not designated with a trademark (™), that does not constitute a waiver of any intellectual property rights by any party, including the Developer, otherwise established in any of its products, features, service names, or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, or create derivative works or distribute any content of the Application for commercial profit or gain in any way or by any means.  Nothing in these Terms or within the Application shall be construed as conferring any intellectual property or other proprietary rights to you.  By using the Application, you acknowledge the applicability of copyright and other laws and you expressly agree to observe all such laws.  You also expressly acknowledge that you may not use any content within the Application in any manner that infringes or violates the rights of any person or entity.  The Developer holds all rights to the content within the Application.

By using the Application, you are expressly agreeing that you will not use the Application, or any of the Application’s contents or services, for any unlawful purpose.  You further expressly acknowledge and agree to abide by the “User Conduct” section herein. You expressly agree that you will not use the Application or the Application’s contents or services in any manner that could damage, disable, overburden, impair, or in any way interfere with any of the Developer’s equipment or with any other party’s use of the Application or use of the Application’s contents or services.  You also expressly agree that you will not attempt to gain access to any portion of the Application, or any of the Application’s contents or services, other than those you are authorized to access.  Your use of the Application indicates you understand and agree that breach of any of these Terms that rises to the level of a criminal act can be prosecuted, and you are subject to the Developer’s criminal jurisdiction.   

While every effort is made to ensure the content and services within the Application are up-to-date and accurate, you acknowledge and agree that the Developer makes no representation or warranty, express or implied, with respect to the content of, and the services within, the Application, or links to websites or other applications in the Application, or for the results from the use of the content or services within the Application or from links to websites or other applications in the Application, for accuracy, completeness, correctness, timeliness, usefulness, or reliability.  The Developer makes no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this Application, or the results to be obtained from using the Application.  Further, the Developer makes no representation or warranty that the Application or content is free from defects or viruses.  Your use of external links and third-party websites and applications is at your own risk and subject to the terms and conditions of use for such links, websites, and applications.

While every effort is also made to ensure that content provided in the Application does not contain viruses or other harmful code or materials, you acknowledge and agree that the Developer is not liable for any damage done to your device or any backup systems you have in place related to the use of the Application.  By using the Application, you agree that you will take reasonable and appropriate precautions to protect your device and your data from viruses or other harmful materials or disclosures.  The Developer makes no representations or warranties about the safety or compatibility of the Application with your device, and the Developer disclaims any and all liability should your device or any of your personal information or data become compromised in any way as a result of or relating to your use of the Application.  The Developer further expressly states that it makes no guarantees that the Application will operate error-free.  Although every effort is made to provide for the smooth, seamless operation of the Application, by using the Application you acknowledge that you understand and agree that the Developer has made no warranties or guarantees relating to any information contained in the Application or with respect to the Application itself.

Application Availability

The Developer takes all reasonable steps to ensure that the Application is available 24 hours every day, 365 days per year. However, mobile applications such as the Application undergo periodic downtime due to server and other technical issues. By using the Application, you acknowledge and agree that the Developer is in no way responsible or liable for the unavailability of the Application at any time or for any reason.

In the event that the Application requires system maintenance or other work that may be scheduled in advance, the Developer may advise Users of such anticipated downtime.  However, the Developer does not guarantee that it can or will provide such notice, and the Developer affirmatively does not have a duty to provide such notice.

User Conduct

When using the Application, you are prohibited from posting or sending to or from the Application:

(a) content that does not belong to you, or for which you have not obtained consent from the owner(s);

(b) content that is discriminatory, obscene, pornographic, defamatory, likely to incite racial hatred, in breach of confidentiality or privacy rules, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that could be deemed a criminal offense, which gives rise to a civil penalty or action, or otherwise is contrary to the law in any applicable jurisdiction where the Application is being used; or

(c) content which is harmful in nature, including, but not limited to, computer viruses, malware or ransomware, corrupted data, or other potentially harmful software or data.

By using the Application, you acknowledge and understand that the Developer can and will fully cooperate with law enforcement authorities or court orders requiring the Developer to disclose the identity or other details of any person that violates or is in breach of the Terms or who otherwise engages in criminal conduct or conduct subject to investigation and punishment by such authorities.  

By using the Application, you acknowledge that you will only use the Application when you are able to do so with your full attention, and with due regard to your safety or the safety of others.  You further agree that you will not use the Application while driving, operating a motor vehicle or heavy machinery, or at any other time when your primary task is something other than the use of the Application.  If you engage in dangerous or prohibited conduct such as accessing the Application while driving, you understand and acknowledge that you are solely responsible for any and all errors, damages, injuries, or any other circumstance as a result of your misuse of the Application.

Links to and from Third-Party Websites and Mobile Applications

Links within the Application may take you out of the Application, to a web browser or to another application.  These third-party websites and mobile applications do not belong to the Developer and are not under the Developer’s control.  By selecting and following a link that leads outside of the Application, you acknowledge and agree that the Developer is not responsible for the contents of any such links, and you agree that the Developer is not liable for any of the content or any risk or breach of your personal device or data resulting from your use of any such links.    All links within the Application are provided as a convenience to you.  The inclusion of any link within the Application is not an endorsement or guarantee relating to the linked material.

If you would like to link to the Application, you may only do so on the basis that you link to, but do not replicate, any page or portion of the Application, and subject to the following conditions:

(a) you do not in any way imply that the Developer is endorsing any services or products unless this has been specifically agreed to by the Developer, in writing;

(b) you do not misrepresent your relationship with the Developer or the Application or present any false information about either;

(c) you may only link to the Application from a website that you own; and

(d) your website does not contain content that is offensive, controversial, infringes on any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States of America.

If you choose to link to the Application in breach of this Section, you acknowledge and agree that you will fully indemnify the Developer for any losses or damages suffered as a result of such a link.  By linking to the Application, you expressly agree to provide such indemnity.

Disclaimers

All information in the Application is of a general nature and is included for educational purposes only, as an informational resource only.  The documents and any related graphics published within the Application may include technical inaccuracies or typographical errors.  Changes are periodically added to the information contained in the Application and the Developer may make improvements and/or changes to any of the products depicted or described herein at any time.  By using the Application, you acknowledge your understanding and agreement that the Developer expressly disclaims any and all responsibility or liability for any adverse consequences or damages resulting from your use of the Application or reliance on information contained therein.

THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  THE DEVELOPER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION, OR SERVICES PROVIDED THROUGH THIS APPLICATION, INCLUDING TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

THE APPLICATION DOES NOT WARRANT OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR SERVICES DESCRIBED WITHIN OR DERIVED FROM THE APPLICATION.

Limitation of Liability

YOUR USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK. THE DEVELOPER IS NOT AND WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APPLICATION OR THE SERVICES AND/OR PRODUCTS WITHIN THE APPLICATION, OR YOUR RELIANCE ON OR USE OF THE  APPLICATION, THE INFORMATION, PRODUCTS OR SERVICES PROVIDED BY THE APPLICATION, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS, OR ANY FAILURE OF PERFORMANCE OF THE APPLICATION, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE  APPLICATION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE DEVELOPER HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Indemnification

You agree to defend, indemnify, and hold the Developer, its officers, directors, employees, volunteers, agents, licensors, attorneys, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation reasonable legal and accounting fees, fees resulting from or alleged to result from your use of and access to the Application, or fines from your violation of these Terms, or fines from your violation of any third-party right, including without limitation any trademark, copyright, or other proprietary or privacy right.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

Applicable Law

The Developer makes no representations that the Application is appropriate outside the United States or may be used or downloaded outside the United States.  Access to the Application, and/or the content or services within the Application may not be legal in certain countries outside the United States.  If you access the Application from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Application as well as compliance with the laws of the state of Rhode Island and the United States.

The Application was created under, and is controlled by, the laws of the State of Rhode Island in the United States of America.  The Application, and its content, and any disputes arising therefrom shall be construed and interpreted under the laws of the State of Rhode Island.  Use of the Application constitutes agreement of the user to the jurisdiction of the State of Rhode Island.

The Application is subject to the United States' export control laws and regulations and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data in the Application, as may be required.

General

These Terms, together with the Privacy Policy, other terms or legal notices published within the Application shall constitute the entire agreement with the User concerning use of the Application.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any Term shall be deemed a further or continuing waiver of such Term or any other Term, and any failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. BY USING THE APPLICATION, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. YOU FURTHER AGREE THAT FAILURE TO COMMENCE SUCH ACTION WITHIN THIS TIMEFRAME CONSTITUTES A WAIVER OF THE CAUSE OF ACTION AND SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Developer's Contact Information

On Behalf of the Developer:

Rhode Island Department of Health Information Line

401-222-8022

[email protected]

Effective Date: December 20, 2021