© Copyright 2021. Interra NeuroScience
“Interraneuro” is an application developed by Interra Neurosciences PLLC (“Interra”) that provides patient monitoring, invoicing, and financial tracking functionality for Interra physicians, staff, and employees of Interra’s administrative services provider.
Interraneuro is intended for use solely by licensed physicians, physician assistants, nurse practitioners, and clinical and non-clinical staff of Interra and its vendors.
Interraneuro is available on the web and by download though the Apple iOS App Store and Google Play Store.
To obtain access to Interraneuro you must agree to be bound by these Terms of Use and the Interraneuro Privacy Policy each of which is incorporated herein by reference. By clicking the button below labeled, “I Accept” or by accessing or using the Interraneuro app, you are indicating your acceptance and agreement to be bound by all of these Terms of Use and the Interraneuro Privacy Policy, each of which is incorporated herein by reference. 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 Interraneuro app. To obtain access to Interraneuro you must agree to be bound by these Terms of Use and the Interraneuro Privacy Policy, each of which is incorporated herein by reference.
Any use of this mobile application is an indication that you agree to be bound by all of these terms and the Interraneuro Privacy Policy.
Neither Apple Inc. or Google LLC is a party to this Agreement. You acknowledge that this Agreement is between Interra and you, and that Apple Inc., Google LLC, and/or any of their subsidiaries (any of the foregoing, individually or collectively, the “Mobile Platform”) is not a party to this Agreement. When the terms are changed, Interra will post the updated terms within the “Interraneuro Terms of Use” section of the app. Your continued use of Interraneuro after such changes become effective constitutes acceptance of the new terms. 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 Interraneuro. The most current version of these Terms of Use can be accessed at any time by selecting the “Interraneuro Terms of Use” link and the most current version of the Interraneuro Privacy Policy can be accessed at any time by selecting the “Interraneuro 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 app.
Patient information that you may provide in connection with the use of Interraneuro may be considered “Protected Health Information,” or “PHI,” as defined under the Health Insurance Portability & Accountability Act and related regulations (collectively referred to as “HIPAA”) and will be subject to Interra’s Notice of Privacy Practices. You acknowledge and agree that Interraneuro may independently collect, use, store, disclose, or otherwise process data that is not considered PHI, including information that you or a patient provides to Interraneuro, directly or indirectly, which either: (1) does not relate to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; or (2) has been de-identified in accordance with applicable HIPAA standards.
Upon your acceptance of these Terms of Use and subject to the terms contained herein, you will be permitted to access and use the Interraneuro app in machine-readable, executable, object code form by downloading an app solely for your own personal purposes, through the Mobile Platform for use solely on your mobile device. Subject to the terms contained herein, Interra hereby grants you a limited, nonsublicensable, non-transferrable, non-exclusive revocable license to access and use Interraneuro 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 Mobile Platform Terms of Service, unless and until this Agreement is terminated. You agree that you shall use Interraneuro only in accordance with the Terms of Use, applicable law, and the rules, policies and procedures established by Interra for use of Interraneuro. This license may not be shared with or transferred or sublicensed to any other party. You represent and warrant that all information provided to Interra in connection with this Agreement, including in the process of registration for Interraneuro, is true, accurate and complete. You are responsible for installing and maintaining all devices and systems necessary to access Interraneuro and for paying all charges related thereto. Interra shall not be obligated to provide any maintenance and support with respect to the Interraneuro app, and, in no event, shall the Mobile Platform be required to provide any such maintenance and support.
Notwithstanding anything to the contrary in this Agreement, you hereby acknowledge and agree that (i) Interraneuro relies in part on functionality provided by the Mobile Platform (the “Platform Functionality”); (ii) any information provided by you via Mindset may be shared with the Mobile Platform in connection with your use of the Platform Functionality; and (iii) all such information shall be handled by the Mobile Platform in accordance with the then-current Mobile Platform Privacy Policy, as may be amended by the Mobile Platform from time to time.
In using Interraneuro, you will have access to confidential information of Interra 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 Interraneuro, any content or material contained within Interraneuro including but not limited to any Interra content or material, 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
Interra may terminate this Agreement and/or terminate or suspend your license and access to the Interraneuro at any time and for any reason. Interra has the right to refuse to provide access to Interraneuro to any person, agency or organization, or to prohibit any person, agency or organization from using Interraneuro, at any time and for any reason. Interra reserves the right to change, suspend, or discontinue all or part of Interraneuro, temporarily or permanently, without prior notice. We reserve the right to deactivate any account at any time, for any reason.
You acknowledge and agree that Interraneuro and the Confidential Information is the property of Interra or their respective 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, Interra does not grant any rights to you under any patents, copyrights, trademarks or trade secret information. Accordingly, unauthorized use of Interraneuro 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 Interraneuro or the Confidential Information is strictly prohibited; provided, that you may print, copy electronically, or download information from the app 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.
Interra shall have the right to use and incorporate into Interraneuro any feedback and input provided by you, for any purpose, including the improvement of Interraneuro and other research, educational and patient care purposes.
Interraneuro may contain third party materials and/or links to third-party materials and third-party websites for your information and convenience. Interra is not responsible for the availability, accuracy, or content of any of those third-party materials or websites nor does it endorse them. Prior to accessing this information or these third party websites you may be asked to agree to additional terms and conditions provided by such third parties which govern access to and use of those websites or materials.
THE CONTENT CONTAINED WITHIN INTERRANEURO IS BASED ON PERTINENT PUBLISHED MEDICAL LITERATURE, NATIONAL AND STATE GUIDELINES, AND/OR EXPERT CONSENSUS, WHICH CONTINUES TO EVOLVE. USE OF THE INTERRANEURO APP DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP. IT IS NEITHER AN ATTEMPT TO SUBSTITUTE FOR THE PRACTICE OF MEDICINE NOR AS A SUBSTITUTE FOR THE PROVISION OF ANY MEDICAL PROFESSIONAL SERVICES.
FURTHERMORE, THE CONTENT IS NOT MEANT TO BE COMPLETE, EXHAUSTIVE, OR A SUBSTITUTE FOR MEDICAL PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT. THE INFORMATION HEREIN SHOULD BE ADAPTED TO EACH SPECIFIC PATIENT BASED ON THE TREATING MEDICAL PROFESSIONAL’S INDEPENDENT PROFESSIONAL JUDGMENT AND CONSIDERATION OF THE PATIENT’S NEEDS, THE RESOURCES AVAILABLE AT THE LOCATION FROM WHERE THE MEDICAL PROFESSIONAL SERVICES ARE BEING PROVIDED (E.G., HEALTHCARE INSTITUTION, AMBULATORY CLINIC, PHYSICIAN’S OFFICE, ETC.), AND ANY OTHER UNIQUE CIRCUMSTANCES. THIS INFORMATION SHOULD NOT BE USED TO REPLACE, SUBSTITUTE FOR, OR OVERRULE A QUALIFIED MEDICAL PROFESSIONAL’S JUDGMENT.
YOU ASSUME FULL RESPONSIBILITY FOR USING THIS INFORMATION AND AGREE THAT INTERRA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS AND DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CLAIM, LOSS, 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 INTERRANEURO. INTERRA MAKES INTERRANEURO AVAILABLE AS A HEALTH INFORMATION RESOURCE TO BE ACCESSED AT YOUR CONVENIENCE. INTERRANEURO IS NOT MEANT TO REPLACE CLINICAL JUDGEMENT IN EMERGENCY SITUATIONS, AND ALL HEALTHCARE PROVIDERS SHOULD EXERCISE THEIR OWN INDEPENDENT CLINICAL JUDGMENT. YOU SHOULD NOT RELY UPON INTERRANEURO FOR ANY IMMEDIATE HEALTH CONCERNS OR QUESTIONS.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU HEREBY EXPRESSLY WAIVE ANY AND ALL CLAIMS THAT YOU (AND/OR YOUR HEIRS, SUCCESSORS, OR ASSIGNS) MAY HAVE, NOW OR IN THE FUTURE, AGAINST INTERRA, THE MOBILE PLATFORM, THEIR THIRD-PARTY LICENSORS, AND/OR AFFILIATES (THE “RELEASED PARTIES”) BASED UPON YOUR USE OF THE INTERRANEURO APP, INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO HEALTH, ILLNESS, AND/OR ANY ADVERSE CONSEQUENCES, THAT YOU OR ANY THIRD PARTY MAY INCUR OR SUFFER AS A RESULT OF YOUR USE OF THE INTERRANEURO APP (“CLAIMS”), AND YOU (AND/OR YOUR HEIRS, SUCCESSORS, OR ASSIGNS) HEREBY FOREVER RELEASE AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL OF SUCH CLAIMS. NOTWITHSTANDING ANYTHING TO THE CONTRARY STATED IN THIS AGREEMENT AND WITHOUT LIMITING THE FOREGOING, INTERRA HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY BASED UPON OR ARISING OUT OF MEDICAL ADVICE OR TREATMENT (INCLUDING, WITHOUT LIMITATION, THE FAILURE TO PROVIDE ANY MEDICAL ADVICE OR TREATMENT AND/OR MEDICAL OR PHYSICIAN/HEALTH CARE PROVIDER MALPRACTICE).
ACCESS TO INTERRANEURO 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, INTERRA 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.
INTERRA 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 INTERRA. INTERRA MAKES NO GUARANTEE AS TO THE SECURITY, INTEGRITY, OR CONFIDENTIALITY OF ANY INFORMATION TRANSMITTED TO, FROM, OR THROUGH INTERRANEURO.
In the event of any failure of Interraneuro to conform to any applicable warranty, you may notify the Mobile Platform, and, if applicable, the Mobile Platform will refund the purchase price for Interraneuro to you. To the maximum extent permitted by applicable law, the Mobile Platform will have no other warranty obligation whatsoever with respect to Interraneuro, and will have no responsibility for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty.
You acknowledge that the Mobile Platform is not responsible for addressing any claims by you or any third party relating to Interraneuro or your possession and/or use of Interraneuro, including, but not limited to: (i) product liability claims; (ii) any claim that Interraneuro fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with any use by Interraneuro with any of the Mobile Platform frameworks.
UNDER NO CIRCUMSTANCES SHALL INTERRA OR ANY INTERRA AFFILIATE BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, DIRECT, 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 INTERRANEURO, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You hereby agree to indemnify, defend and hold harmless Interra, the Mobile Platform, and their thirdparty licensors and affiliates against any and all liabilities, losses, claims, damages, suits, costs and expenses (including reasonable attorney’s fees) arising out of your access to and use of the Interraneuro app or any content or material contained therein, which shall include without limitation your use, reproduction, and display of any Interra material. You shall immediately notify Interra of any such claim. You further acknowledge that, in no event, shall the Mobile Platform be responsible for the investigation, defense, settlement, and discharge of any third-party claim that Interraneuro infringes that third party’s intellectual property rights.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You hereby acknowledge and agree that the Mobile Platform, and the Mobile Platform’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, the Mobile Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary hereof.
This Agreement shall be governed by the laws of the state of [STATE] without regard to its rules on conflicts or choice of law. You hereby consent to the exclusive jurisdiction of the courts of the [STATE] for the resolution of any dispute based upon or relating to this Agreement. This Agreement constitutes the sole agreement between you and Interra relating to your use and our provision of Interraneuro and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or Interra. 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 Interra 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.
[State your name and address, and the contact information (telephone number; e-mail address) to which any end user questions, complaints or claims with respect to the Interraneuro app should be directed.]
© Copyright 2021. Interra NeuroScience