ALLWAYS HEALTH PARTNERS
ALLWAYS MEMBER MOBILE APP TERMS OF USE AND USER AGREEMENT (Google Play)
AllWays Member is an application developed by AllWays Health Partners ("AllWays") to provide general information for educational purposes about our products and services and health-related issues and to enhance the AllWays member experience. The general health information on this site and the interactive responses provided in secured sections of this site should be used for educational purposes only.
ALLWAYS MEMBER AND INORMATION CONTAINED WITHIN ALLWAYS MEMBER IS NOT A SUBSTITUTE FOR A MEDICAL PROFESSIONAL'S INDEPENDENT PROFESSIONAL MEDICAL JUDGMENT, ADVICE, DIAGNOSIS, OR TREATMENT.
AllWays Member is available by download though the Google Play Store which is located at https://play.google.com/store.
AllWays Member is available only by download though the Google Play and is available only to United States residents who have received an individual invitation to download the application from ALLWAYS.
To obtain access to AllWays Member you must agree to be bound by these Terms of Use, our Application Privacy Policy and our Member Privacy Practices each of which is incorporated herein by reference. By clicking the "I Agree" button below, you are indicating that you agree to be bound by all these terms and the terms in each of those documents. If you do not accept and agree to the foregoing terms and to the following terms and conditions, you must click the button below labeled "I Do Not Accept," in which case, you will not be permitted to access or use the AllWays Member application. Any use of this mobile application is an indication that you agree to be bound by all of these terms and the AllWays Member Application Privacy Policy.
Google, Inc. (and/or any of its subsidiaries) (any of the foregoing, individually or collectively, "Google") is not a party to this Agreement. . You acknowledge that this Agreement is between AllWays and you, and that and that Google, Inc. (and/or any of its subsidiaries) (any of the foregoing, individually or collectively, "Google") is not a party to this Agreement.
This Agreement incorporates by reference the Google Play Store Terms of Service http://play.google.com/intl/en_us/about/play-terms.html (the "Google Play Terms of Service"). Upon valid acceptance of this Agreement (as described above), You agree and understand that you are also bound by the Google Play Terms of Service.
When the terms are changed, ALLWAYS will post the updated terms and require you to review and affirmatively accept the updated terms prior to using the application. If you do not agree to such changed terms, or if at any time you no longer wish to otherwise abide by these Terms of Use, you should not access or use AllWays Member. The most current version of these Terms of Use can be accessed at any time by selecting the "AllWays Member Terms of Use" link and the most current version of the AllWays Member Application Privacy Policy can be accessed at any time by selecting the "AllWays Member Application Privacy Policy" link. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this application.
In hosting the app for download, Google (through the Google Play) may have access to a limited amount of the user's information, provided directly by the user (including but not limited to name, email, IP address, and the app downloaded). However, Google does not collect such information for or on behalf of ALLWAYS, and it will not be subject to our Member Privacy Practices or this app's Application Privacy Policy. By agreeing to these terms, you acknowledge that information provided to Google by the user (and not by the app or by ALLWAYS does not constitute protected health information under the Health Insurance Portability & Accountability Act and related regulations (collectively referred to as "HIPAA") and as defined herein.
In addition, AllWays Member may use analytics and other services and tools services developed internally or provided by third parties to collect certain information relating to your use of AllWays Member. We and our service providers may also from time to time use the application and other technologies contained within the application to receive and store certain types of information whenever you interact with the application through your mobile device. By agreeing to these terms, you acknowledge that information collected by these tools does NOT constitute protected health information under the Health Insurance Portability & Accountability Act and related regulations (collectively referred to as "HIPAA") and as defined herein.
Except as set for in the previous two (2) paragraphs, information that you may provide to us in connection with the use of this application is considered "Protected Health Information" as defined under HIPAA and is subject to our Member Privacy Practices.
ALLWAYS MEMBER ACCESS
Upon your acceptance of these Terms of Use and subject to the terms contained herein, you will be permitted to access and use the AllWays Member application in machine-readable, executable, object code form by downloading the AllWays Member app solely for your own personal purposes, through the Google Play Store ("Google Play") for use solely on your mobile device ("Mobile Device"). Subject to the terms contained herein, AllWays hereby grants you a limited, non-sublicensable, non-transferrable, non-exclusive revocable license to access and use AllWays Member solely in accordance with these Terms of Use on any Mobile Device that you own or control, subject to the Usage Rules set forth in the Google Play Terms of Service located at http://play.google.com/intl/en_us/about/play-terms.html, unless and until this Agreement is terminated. You agree that you shall use AllWays Member only in accordance with the Terms of Use, applicable law, and the rules, policies and procedures established by ALLWAYS for use of AllWays Member. This license may not be shared with or transferred or sublicensed to any other party. You represent and warrant that all information provided to ALLWAYS in connection with this Agreement, including in the process of registration for AllWays Member, is true, accurate and complete. You are responsible for installing and maintaining all devices and systems necessary to access AllWays Member and for paying all charges related thereto. ALLWAYS shall not be obligated to provide any maintenance and support with respect to the AllWays Member application, and, in no event, shall Google be required to provide any such maintenance and support.
SECURITY AND PASSWORDS
Access to AllWays Member is enabled by usernames and passwords, security questions and answers and additional security measures as may be implemented from time to time by Okta. Okta is a third-party application used to support authentication for network access.
You will choose your username and password when registering for access. You shall maintain your username and password and security questions and answers in strict confidence. In no event shall you share your username or password or security questions and answers with any third party or allow another person to access AllWays Member using your username and password or security questions and answers. You shall immediately notify AllWays if you have any reason to believe that your username, password or security questions and answers has been lost or compromised or misused in any way. You are fully and solely responsible for any and all use of AllWays Member under your username and password.
BIOMETRIC LOGIN
Enabling biometric login allows you to use your fingerprint, facial, or other physical character recognition instead of your username and password to access and use the AllWays Member if your device is equipped with biometric login functionality. In order to use biometric login to access and use the AllWays Member, you need to first enable Biometric login functionality on the device. BY SPECIFICALLY ENABLING BIOMETRIC LOGIN TO ALLWAYS MEMBER, YOU ARE ALLOWING AND AUTHORIZING ANYONE WHOSE BIOMETRIC IDENTIFICATION IS STORED ON YOUR DEVICE TO ACCESS ALLWAYS MEMBER, VIEW YOUR ALLWAYS MEMBER INFORMATION, AND MAKE ALLWAYS TRANSACTIONS. ACCORDINGLY, YOU WILL BE RESPONSIBLE FOR SUCH TRANSACTIONS EVEN IF YOU DID NOT MAKE THEM, OR EVEN KNOW ABOUT THEM. THEREFORE, IT IS STRONGLY RECOMMENDED THAT YOU NOT ENABLE BIOMETRIC LOGIN FOR ALLWAYS MEMBER IF ANYONE OTHER THAN YOU HAS A BIOMETRIC LOGIN STORED ON YOUR DEVICE. BY AGREEING TO THESE TERMS AND ENABLING BIOMETRIC LOGIN FOR ALLWAYS MEMBER, YOU ARE AUTHORIZING ANYONE WITH BIOMETRIC DATA STORED ON YOUR DEVICE TO ACCESS THE ALLWAYS MEMBER APPLICATION, VIEW INFORMATION ACCESSIBLE THROUGH THE ALLWAYS MEMBER APPLICATION AND MAKE ACCOUNT TRANSACTIONS ON YOUR BEHALF, FOR WHICH YOU WILL BE LEGALLY RESPONSIBLE, AND REPRESENTING TO US THAT ANY SUCH PERSON HAS PROPER AUTHORITY TO MAKE SUCH TRANSACTIONS ON YOUR BEHALF. Note that we do not have access to your biometric data. For more information on how the device manufacturer or operating system provider uses and stores biometric data, refer to those companies' privacy policies and/or security guidelines. Biometric technology is provided by such manufacturers and providers, and accordingly we are not responsible for any malfunctions or errors.
NON-DISCLOSURE AND CONFIDENTIALITY
In using AllWays Member, you will have access to confidential information of AllWays and third parties ("Confidential Information") that may include software, codes, technology, logic, techniques, formats, tools, designs, concepts, methods, processes, ideas, functional specifications, technical materials and information, and related documentation.
During the term of this Agreement and thereafter, you agree not to disclose any Confidential Information to any third party except as permitted by this Agreement and by applicable law. Without limiting the foregoing, you agree to undertake all reasonable measures to ensure the privacy and security of all Confidential Information including without limitation: (i) not to access or use any Confidential Information that you have no legitimate authorization to access or use; (ii) not to access AllWays Member or any Confidential Information for any other individual or any unauthorized third party. You acknowledge and agree that all obligations relating to Confidential Information under this Agreement will continue after termination of this Agreement and termination of access rights hereunder.
TERM; TERMINATION
AllWays may terminate this Agreement and/or terminate or suspend your license and access to the AllWays Member at any time and for any reason. AllWays has the right to refuse to provide access to AllWays Member to any person, agency or organization, or to prohibit any person, agency or organization from using AllWays Member, at any time and for any reason. AllWays reserves the right to change, suspend, or discontinue all or part of AllWays Member, temporarily or permanently, without prior notice. We reserve the right to deactivate any account at any time, for any reason.
COPYRIGHT AND PROPRIETARY RIGHTS
You acknowledge and agree that AllWays Member and the Confidential Information is the property of AllWays or its licensors and are protected by United States and international copyright law, trademark law, and trade secret law, as well as other state, federal and international laws and regulations. Except as expressly provided in this Agreement, AllWays does not grant any rights to you under any patents, copyrights, trademarks or trade secret information. Accordingly, unauthorized use of AllWays Member or the Confidential Information may violate patent laws, copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights or other laws or regulations. The copying, redistribution, use or publication by you of any part of AllWays Member or the Confidential Information is strictly prohibited; provided, that you may print, copy electronically, or download information from the application for personal, non-commercial use only, provided you identify the source of the material and include a statement that the materials are protected by copyright law.
AllWays shall have the right to use and incorporate into AllWays Member any feedback and input provided by you, for any purpose, including the improvement of AllWays Member and other research, educational and patient care purposes.
THIRD PARTY CONTENT
AllWays Member may contain links to third party materials and third-party Applications for your information and convenience. AllWays is not responsible for the availability, accuracy, or content of any of those third-party materials or Applications nor does it endorse them.
Certain information contained within or accessible through AllWays Member may be provided by third parties. Prior to accessing this information, you may be asked to agree to additional terms and conditions provided by such third parties which govern access to and use of those materials.
DISCLAIMERS
USE OF THE ALLWAYS MEMBER APPLICATION DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP. ALLWAYS MEMBER AND THE INFORMATION CONTAINED WITHIN THE APPLICATION IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT OF HEALTH CARE PROFESSIONALS IN DIAGNOSING AND TREATING PATIENTS. ALLWAYS DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY (INCLUDING DEATH) TO ANY PERSONS OR PROPERTY ARISING FROM ANY USE OF OR RELIANCE UPON ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION PROVIDED BY OR ACCESSED THROUGH ALLWAYS MEMBER. ALLWAYS MAKES ALLWAYS MEMBER AVAILABLE AS A HEALTH INFORMATION RESOURCE TO BE ACCESSED AT YOUR CONVENIENCE. ALLWAYS MEMBER IS NOT TO BE USED IN EMERGENCY SITUATIONS. YOU SHOULD NOT RELY UPON ALLWAYS MEMBER IF YOU HAVE IMMEDIATE HEALTH CONCERNS OR QUESTIONS. FOR ALL URGENT MEDICAL MATTERS, VISIT THE NEAREST EMERGENCY ROOM OR DIAL 911 IMMEDIATELY.
ACCESS TO ALLWAYS MEMBER AND THE INFORMATION CONTAINED THEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALLWAYS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
ALLWAYS DOES NOT CONTROL THE DEVICES OR COMPUTERS OR THE WIRELESS NETWORK OR THE INTERNET OVER WHICH YOU MAY CHOOSE TO ENTER CONFIDENTIAL OR PERSONAL INFORMATION AND CANNOT, THEREFORE, PREVENT INTERCEPTIONS OR COMPROMISES TO YOUR INFORMATION WHILE IN TRANSIT TO ALLWAYS. ALLWAYS MAKES NO GUARANTEE AS TO THE SECURITY, INTEGRITY, OR CONFIDENTIALITY OF ANY INFORMATION TRANSMITTED TO OR FROM ALLWAYS MEMBER.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ALLWAYS OR ANY ALLWAYS AFFILIATE BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF ALLWAYS MEMBER, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MISCELLANEOUS
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to its rules on conflicts or choice of law. You hereby consent to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts for the resolution of any dispute based upon or relating to this Agreement. This Agreement constitutes the sole agreement between you and ALLWAYS relating to your use and our provision of ALLWAYS MEMBER and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or AllWays. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by AllWays of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties' respective successors and permitted assigns. Except as otherwise specifically provided herein, this Agreement may not be modified, supplemented, qualified, or interpreted except in a writing signed by the parties.
A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Last Updated: May 10, 2021