The Applications are not intended for medical emergencies or urgent situations. IF YOU BELIEVE YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.
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”).
User Content and Responsibilities
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.
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.
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.
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
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.
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.
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.
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.:
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
- 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 firstname.lastname@example.org. 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
No Third-Party Rights