QuickTake Health Co. (“QuickTake,” the “Company,” “we,” “our,” or “us”) is a health technology company pioneering self-service kiosk automation for senior living communities, athletic programs, health clubs and care providers. We use medical-grade measurement technology with engaging digital experiences, to provide seamless and simplified processes for review, evaluation, diagnosis and treatment of your health.
These Terms of Use and Service (“Terms of Use”) constitute a binding legal agreement between you (“you”, “your”, or “User”, and together with other users of the Services, “Users”) and QuickTake, and govern your access to and use of our QuickTake automated self-service kiosk (the “Kiosk”), the QuickTake website located at www.quicktakehealth.com (the “Website”), the QuickTake mobile application (the “App”), and any other products or services provided or operated by QuickTake, together with any software, functions, features, content, information, and reports generated or made available by or through the Services (collectively, and together with the Kiosk, Website, and App, the “Services”).
These Terms of Use include and incorporate by reference the terms of our Privacy Policy, found at www.quicktakehealth.com/privacypolicy (the “Privacy Policy”), governing the types of information we may collect from you when you interact with, access, or use any of our Services, including your PHI, Biometric Data, and other Personal Data, and how we collect, use, store, and disclose that information and what rights you have regarding that information. We encourage you to read and become familiar with our privacy practices, as described in our Privacy Policy. You are solely responsible for any sharing of your Personal Data or other information that you intentionally or unintentionally communicate to others.
Please read these Terms of Use carefully to understand our policies and requirements for accessing or using any of the Services. If you do not agree with our policies and practices, including these Terms of Use and our Privacy Policy, please do not access or use any of our Services. By interacting with, accessing, or using any of the Services or providing us with your Personal Data or other information, you explicitly agree to, understand and accept the terms of these Terms of Use and the Privacy Policy, including terms governing the collection, use, and sharing of your information as described in the Privacy Policy. Any terms used but not defined in these Terms of Use will have the meaning given to them in the Privacy Policy.
BY CLICKING “I AGREE TO THE USER TERMS DEFINED IN QUICKTAKE’S TERMS OF USE AND SERVICE” AND ACCESSING, USING, OR INTERACTING WITH ANY PART OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, THAT YOU UNDERSTAND IT AND ITS TERMS AND CONDITIONS, AND THAT YOU AGREE TO BE BOUND LEGALLY BY IT AND ITS TERMS AND CONDITIONS.
We reserve the right to make any updates or other changes to these Terms of Use at any time, without prior notice to you, to reflect changes in our terms and conditions for using the Services. All such updates and changes shall be effective as to you immediately upon first notice to you, which we will provide to you by posting a notice on the Kiosk and on the App’s or Website’s home page or by email to the email address you provided to us when registering an account with us, Your continued access or use of any of our Services after we make any updates or changes to these Terms of Use will be deemed to be acceptance of and consent to be bound by those updates and changes, so please check periodically to stay informed of changes that may affect you.
The date the Terms of Use was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and periodically visiting our Website and these Terms of Use to check for any changes.
We may update, upgrade, or change any of the Services at any time. Nevertheless, the Services, or any part thereof, may be out-of-date at any given time, and we are under no obligation to update the Services. We may withdraw or amend any of the Services in our sole and absolute discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable or inaccessible at any time or for any period. From time to time, we may restrict access to all or some of the Services without notice.
To be eligible to register for and use any of the Services, you must, and you hereby do represent and warrant that you do, meet the following eligibility requirements:
(a) You are eighteen (18) years of age or older;
(b) You agree to, and will access and use the Services in accordance with, these Terms of Use and any other policies or agreements between you and QuickTake;
(c) Your access or use of the Services is and will not be contrary to any applicable law;
(d) You are not prohibited from using the Services under the laws of the United States or any other jurisdictions in which you reside; and
(e) You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other Users of the Services.
If you do not meet all of the eligibility requirements set forth in this Section 3, you are prohibited from accessing or using any of the Services.
Notwithstanding any provision to the contrary in these Terms of Use, QuickTake may refuse to offer or continue offering the Services to any User and may change its eligibility criteria from time to time.
To access or use certain features and functions of the Services, you must create a user account and provide certain information about you, including without limitation, your first and last name, date of birth, location of residence, phone number, email address, mailing address, and any other information about you as may be prompted by any registration forms in the Services (collectively, “Registration Information”). You may only register for one user account. You agree to provide accurate, current and complete Registration Information. You represent, warrant, and agree that all Registration Information and any other information that you provide to QuickTake in connection with your access to and use of the Services is, and shall be, true, accurate and complete to the best of your knowledge, ability and belief.
You agree to (a) maintain and promptly update your Registration Information; (b) receive communications from us electronically; (c) maintain the confidentiality of your user password; (d) notify us immediately if you learn that the confidentiality of your password has been compromised; and (e) be fully responsible for all access to or use of your account and for any actions that take place using your account and your password.
You may never use another User’s account. You may not assign or otherwise transfer your account to another person or entity or allow any other person to use your login credentials to access your account. You shall take reasonable measures when accessing your account from a public or shared computer to ensure that others are not able to view or record your password or other personal information. It is your responsibility to prevent disclosure of your password and to change your password if you believe that its confidentiality has been compromised. You agree that QuickTake will not be liable for any loss or damage arising from any unauthorized access to or use of your password or account.
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree that while accessing or using the Services you will not, and will not encourage or assist any third-party to:
In connection with your access to and use of the Services, you agree to comply with all applicable laws, regulations and policies of all relevant jurisdictions.
The Website or App may contain links to websites operated by third-parties. These links are provided for your convenience only and are not intended as an endorsement by QuickTake of any information that may be found or services that may be provided on or through such third-party websites. QuickTake does not make any guarantee, warranty, or representation regarding any third-party websites, their manner of operation, or any information thereon. Your access to and use of such third-party websites, and the information collected by third-parties as a result of such access or use, will be subject to the terms of use and privacy policies (if any) of such third-parties.
You recognize that when using our Services, information, including your Personal Data, will be transmitted over the internet, a medium that is beyond our control. You assume the risk of any unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption, or corruption of Personal Data or other information transmitted in connection with your access to or use of our Services. You are solely responsible for all telecommunication or Internet connections, and all hardware and software, required to access or use the Website or App, including making arrangements and procuring all equipment, devices, utilities, and services required for you to connect to and access the Website or App.
HIPAA Privacy Notice
As part of providing the Services, QuickTake collects certain demographic, health, and/or health-related information about Users that may be considered “protected health information” (“PHI”) and is therefore subject to the laws and regulations governing the use and disclosure of PHI. The Health Insurance Portability and Accountability Act (“HIPAA”), the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”), along with the regulations adopted under those statutes, and similar state laws (where those laws are more stringent than HIPAA) govern the handling of PHI. Specifically, when (a) QuickTake, acting as a “Business Associate” (as that term is defined in HIPAA) receives certain demographic, health and/or health-related information about a User from or on behalf of a “Covered Entity” (as that term is defined in HIPAA), or (ii) QuickTake, acting as a Covered Entity, shares or discloses certain demographic, health, and/or health-related information about a User to a Business Associate, this information is considered PHI.
HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed. QuickTake may only use and disclose PHI in the ways permitted by HIPAA or as authorized by the User.
Personal Data that a User provides to QuickTake outside of the foregoing context is not PHI. For example, when you (a) use the Website’s or App’s interactive tools and services, (b) voluntarily provide information in free-form text boxes through the Website, App, or through responses to surveys and questionnaires, (c) provide us with device/IP address information or other technical information by visiting our Website or using our App, or (d) send us an email or otherwise contact us directly, that information is not PHI.
General Consent to Use of Information
By interacting with or using the Services, you consent to (i) our receipt and storage of your Personal Data and other information, including PHI and Biometric Data, that you provide us or that we collect through your interaction with, access to, or use of any of the Services; (ii) our use of software on such information to produce reports or other documentation of any kind for you; (iii) our disclosure of such information and/or reports to your physician or other health care provider, or to other third-parties as provided in our Privacy Policy; (iv) our use of such information and/or reports to create de-identified health information (by removing PII); and (v) our use and disclosure of such information and/or reports for any other purpose that federal law (HIPAA’s Privacy Rule) permits without specific authorization of an individual. In particular, you consent to our aggregation of de-identified health information, including Biometric Data, from many Users (including you) and our use, disclosure, license, and/or sale of such de-identified aggregated data for any purpose, including but not limited to research or analysis, by us or others, alone or in combination with other data, to identify, develop, or evaluate local, regional, or national health problems, needs, products, or services. You agree that we shall be the exclusive owner of any such compilation of de-identified aggregated data, and you assign any rights you may have in any such compilation to us.
License to Use the Services
Subject to all terms and conditions of these Terms of Use, QuickTake grants you, during the Term (as defined below), a limited, royalty-free, nonexclusive, non-transferable, non-sublicensable right to access and use the Services solely for you to present the resulting report or other information generated by QuickTake through your use of any Service to your physician or healthcare provider for consideration and further evaluation.
Certain Use Restrictions
You agree that you shall not yourself nor through any third-party: (a) use the Services to act as a service bureau; (b) copy or reproduce the Services; (c) license, sublicense, sell, resell, market, lease, loan, rent, transfer, assign, distribute, disclose, or make accessible to any third-party or otherwise commercially exploit the Services or grant any right to access or use the Services to any third-party; (d) modify or improve the Services or make derivative works based upon the Services; (e) decompile, disassemble, or reverse engineer any object code that is part of the Services or attempt to reverse engineer, reconstruct, identify, or discover any source code of the Services, the structure, sequence, or organization of such source code or any algorithms, methods, or models contained therein; (f) remove any product identification, trademark, copyright, patent, or other notices or markings contained in, displayed by, or provided with the Services; or (g) access or use the Services in order to build any Services, product, or service that is competitive or similar to the Services or any portion thereof.
Title to Intellectual Property
The Services contain material that is protected by United States intellectual property laws, including copyright and trade secret law, and by international treaty provisions. All rights not expressly granted to you under these Terms of Use are reserved by QuickTake and its licensors. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights and other intellectual property and proprietary rights in the Services shall remain the sole and exclusive property of QuickTake or its licensors, as applicable, and these Terms of Use grant you no title or rights of ownership in the Services or any subsets or components thereof.
User Feedback
If you send or transmit any communication or material to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including, without limitation, new features or functionalities relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. All Feedback is and will be treated as non-confidential. You hereby assign to us all rights, title, and interest in, and we are free to use without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback for any purpose whatsoever, although we are not required to use any such Feedback.
Services Not a Substitute for Medical Advice
Your use of any of the Services, including the Kiosk, will likely result in the generation by our software of a report based on information that you supplied to us, or that we collect, including Personal Data. Neither the report nor any other aspect of the Services contains a diagnosis or medical advice, and is not a substitute for evaluation, diagnosis, and treatment by a licensed physician or health care provider. The Services, including any reports, information and content generated or provided to you as a result of or in connection with your use of the Services are designed and intended for consideration by a physician and are not intended or designed to determine whether or not you are suffering from a physical or mental disorder, reach any conclusion regarding your physical or mental condition, or to substitute the professional judgment of a physician in diagnosing and treating patients. In providing the Services, no recommendations or opinions are given or implied by QuickTake as to diagnosis or treatment of you or any other individual. The Services do not provide a plan for the treatment of a patient and do not constitute medical advice. You should seek and obtain the advice of your physician with any questions or concerns you may have regarding your medical or health condition. Do not delay seeking or disregard professional medical advice based on the report or any other information or statements provided to you by QuickTake as a result of or in connection with your use of any of the Services.
Any information or content presented or made available to you via the Services is made available solely for general information purposes, and we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. QuickTake disclaims any and all liability, warranty, or responsibility whatsoever, arising from the use of and any reliance placed upon such information by you, your healthcare provider, or anyone who may be informed of such information, including in connection with diagnosis or treatment of you and any warranty that such information meets any standards of any governmental authority or private insurer for any purpose, including but not limited to the provision of or billing for health care services.
DISCLAIMER
THE SERVICES ARE SUPPLIED “AS IS,” “WHERE IS,” “WITH ALL FAULTS,” AND WITHOUT WARRANTY OF ANY KIND. QUICKTAKE DOES NOT MAKE AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. QUICKTAKE DOES NOT WARRANT THAT THE SERVICES, INCLUDING ANY SOFTWARE USED IN CONNECTION WITH THE SERVICES, WILL MEET YOUR REQUIREMENTS OR BE ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.
You agree to defend, indemnify, and hold harmless QuickTake and its owners, directors, officers, employees, agents, and representatives from and against any claim, action, proceeding, liability, loss, damage, cost, or expense, including without limitation attorneys’ fees, experts’ fees and court costs, arising out of your breach of these Terms of Use and/or your use of any of the Services. QuickTake agrees to give you prompt written notice of an indemnified claim. You agree not to enter into any stipulated judgment or settlement that purports to bind QuickTake without our express written authorizations, which shall not be unreasonably withheld or delayed.
To the fullest extent provided by law, in no event will QuickTake or any of its officers, directors, agents, employees or representatives be liable to you or any third-party for any special, indirect, incidental, punitive, or consequential damages (including without limitation damages for loss of business, loss of profits, business interruption, loss of data, computer or equipment failure or malfunction), whether caused by tort (including negligence), breach of contract or otherwise, arising out of or connected in any way with your use of, or inability to use, the Services, any third-party websites linked to or on the Services, or any content or other information provided on or obtained through the Services, even if QuickTake was advised of the possibility of such damages.
If you are dissatisfied with any part of the Services or with any of the terms of these Terms of Use, your sole and exclusive remedy is to discontinue using the Services.
The provisions of this Section 10 do not affect any liability which cannot be excluded or limited under applicable law.
Term
These Terms of Use shall be effective between you and QuickTake as of the date that you indicated agreement with these Terms of Use as described in Section 1 above and shall remain in effect and continue until terminated as set forth below (the “Term”).
Termination
You may terminate these Terms of Use as between you and QuickTake at any time, at your sole discretion, by deleting your user account and ceasing all access to and use of the Services. QuickTake may terminate these Terms of Use as between you and us at any time, at our sole discretion, by deleting your user account or by giving you notice of such termination. Upon termination under this Section 11, (a) all rights granted to you under these Terms of Use shall cease, and (b) you shall immediately cease access to and use of the Services. The following Sections shall survive expiration or termination of this Agreement: Section 8 (Title to Intellectual Property), Section 9 (Warranty and Disclaimers), Section 10 (Indemnification and Limitation of Liability), this paragraph of Section 11 (Termination), Section 12 (General), and any other provision that reasonably should be expected to remain in effect after termination of this Agreement.
Suspension
QuickTake may suspend your access to and use of the Services or any part thereof at any time, for any reason or for no reason at all, at our sole discretion, without notice or liability.
Notices. All notices, demands, or consents given under these Terms of Use shall be in writing and may be given by email.
Electronic Communications. You consent to receive electronic communications from us through e-mail, the Platform, or other means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal communication requirement, including that such communications be in writing. You understand and agree that if we send you an electronic communication but you do not receive it because your contact information on file is incorrect, out-of-date, or blocked by your service provider or you are otherwise unable to receive such electronic communication, we will be deemed to have provided such communication to you.
Assignment. You may not assign any of your rights or interest under these Terms of Use without our written consent. QuickTake may assign any or all of its rights and interests under these Terms of Use without your consent.
Governing Law. These Terms of Use and their validity, construction, and performance shall be governed by and construed in accordance with the laws of the State of Louisiana, without regard to principles of conflicts of laws that would result in the application of any other law.
Arbitration. You and QuickTake hereby agree that all disputes, controversies, and claims arising under, relating to, or in connection with these the Services, these Terms of Use or the Privacy Policy, or between you and us (or any of our owners, directors, officers, employees, agents, or representatives) shall be resolved exclusively by confidential, final, and binding arbitration in [New Orleans, Louisiana] in accordance with the American Arbitration Association rules and procedures. Any arbitral award, order, or judgment may be entered and enforced in any court of competent jurisdiction.
No Waiver. No waiver by QuickTake 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 us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Severability. If any provision of this Agreement or the application of any such provision shall be held by a tribunal or court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall continue in full force and effect.
Entire Agreement. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and QuickTake in connection with their subject matter, and there are no warranties, representations, or agreements, oral or written, between you and us in connection with the subject matter hereof except as specifically set forth in these Terms of Use and the Privacy Policy.
All questions, comments, feedback, or suggestions with respect to the Services or these Terms of Use, and any requests for technical support and other communications relating to the Services should be directed to info@quicktakehealth.com.