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Health Facilities

Terms and Conditions

Record Retrieval
Reinvented

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Terms and Conditions

Terms and Conditions

Last updated: January 2, 2025.

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://yocierge.com website (the "Service") operated by YoCierge Inc. ("us", "we", "our", or "the Company").

Your access to and use of the Service, in conjunction with the Company's Privacy Policy (https://yocierge.com/privacy_policy/) is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms.IF YOU DO NOT AGREE TO ABIDE BY THE TERMS HEREIN OR THE DATA PRACTICES DESCRIBED IN THE COMPANY'S PRIVACY POLICY, THEN PLEASE CLOSE YOUR BROWSER IMMEDIATELY AND DO NOT USE OR ACCESS THE SERVICE.

Disclaimer

THE SERVICE AND ALL MATERIALS SO ASSOCIATED ARE PROVIDED "AS IS" AND ALL USE IS AT YOUR OWN RISK. THE COMPANY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF THE COMPANY, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE SERVICE AND ANY MATERIALS RELATED TO OR ASSOCIATED WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIMS IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE SERVICE WILL BE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

In no event will the Company be liable, whether in contract, warranty, tort (including negligence—whether active, passive, or imputed), product liability, strict liability, or other theory to you or any other person for any damages (including, without limitation, any indirect, incidental, special, or consequential damages) arising out of or in connection with the use of, inability to use, or results of use of the Service or any materials related to or associated with the Service, even if the Company or its representative has been advised of the possibility of such damages.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties, subject to our Privacy Policy. Such data sharing is limited to contracted vendors necessary to fulfill the purpose of the transaction and is conducted in compliance with applicable data protection laws. We require these third-party vendors to adhere to strict confidentiality obligations and do not permit them to use your personal information for purposes other than those specified by the Company. User consent for data sharing is obtained through the initial submission of information, and additional consent will be sought for any other use or sharing not explicitly stated herein. User personal data will not be shared with any third parties, except for the contracted vendors identified and as required by law.

Accounts

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

YoCierge Patient Facing Record Retrieval App

In addition to, or as part of, the Service, you may use the "YoCierge Patient Facing Record Retrieval App" ("the App"). Your use of the app is strictly governed by these Terms and Conditions, and you explicitly agree to abide by the Terms herein in your use of the App. For data collection practices related to the App, please visit the Company's Privacy Policy (https://yocierge.com/privacy_policy/).

User Rights Regarding Personal Data

YoCierge is committed to protecting your personal data and ensuring compliance with applicable privacy standards. You have the following rights concerning your personal data:

Right to Change or Annotate Personal Data:
  • You have the right to request changes or annotations to your personal data to ensure its accuracy and completeness.
  • Requests to change or annotate personal data may be submitted by emailing us at legal@yocierge.com.
Right to Disclose Portions of Personal Data:
  • You may choose to disclose specific portions of your personal data to authorized third parties.
  • To facilitate such disclosures, you must submit a written request that includes details of the data to be shared and the identity of the authorized recipient.
  • Once verified, YoCierge will assist in securely facilitating the disclosure process.
Communication of Updates to Downstream Recipients:
  • If you request changes or annotations to your personal data, YoCierge will communicate these updates to any downstream recipients previously authorized by you where feasible and permitted by law.
  • Users will be notified once their changes have been successfully communicated to applicable parties.

Withdrawal of Consent and Data Handling Post-Withdrawal:

  • You may withdraw your consent for data collection and processing by submitting a request via email to legal@yocierge.com or through the App's settings.
  • Upon withdrawal of consent, YoCierge will take steps to discontinue further data collection and processing associated with your use of the App.
  • Your data will be handled according to YoCierge’s Record Retention and Destruction Policy. Upon withdrawal of consent, you will be communicated specific details regarding data deletion or retention.

For further details on your data rights and the process to exercise them, please review our Privacy Policy.

If you believe there is an inaccuracy in your personal data retrieved or managed through the App, you have the right to report these inaccuracies. The Company provides a clear process for identifying the source of data errors. Users may contact the us at legal@yocierge.com with specific concerns, and the Company will assist in determining whether the error originates from the source record or elsewhere.

Additionally, the Company recognizes users' rights under HIPAA to request corrections to medical records. Users will be provided with guidance on how to exercise these rights and the necessary steps to initiate corrections.

For errors or incomplete data resulting from the App’s processes, the Company has established a defined process for rectifying such issues. Users can report these concerns, and the Company will address and resolve them promptly while ensuring clear communication with users throughout the process.

Data Retention and Dormant Accounts

We retain Personal Data and Non-Personal Data for as long as your account is active or as needed to provide you access to the Application. Dormant accounts, defined as any user account that has not been accessed or actively used for a period of 7 years, will be securely deleted using industry-standard data destruction methods, unless otherwise specified by contractual obligations, regulatory requirements, or business needs. Records of dormant account reviews and actions taken (deactivation or deletion) will be maintained for auditing purposes. These records will include account identifiers (e.g., user ID), dates of inactivity detection, notifications, and action steps taken.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Severability

The provisions of this Terms and Conditions will be deemed severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provisions hereof. If any provision hereof is determined by a court of competent jurisdiction or an arbitrator to be invalid or unenforceable, such provision shall be limited to the extent necessary to make it valid and enforceable, or if necessary, severed from this Terms and Conditions, and the remainder of the Terms and Conditions shall be in full force and effect.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Pennsylvania, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

For specific questions and inquiries, please contact us at legal@yocierge.com

Contact Us

If you have any questions about these Terms, please contact us.