Terms & Conditions

These Terms of Use are entered into by and between You and TMA Precision Health (“TMA” or “we”, “us” or “our”). The following terms together with the Privacy Policy and TMA Precisions Health Consent to Data Use (“Consent Agreement”), and any other documents they expressly incorporate by reference, and any other terms and conditions which may also apply to specific portions, services or features of the Website (collectively, the “Terms of Use”), govern your access to and use of the TMA website or any mobile applications provided by TMA.

These Terms of Use apply to TMA’s website located at www.tmaprecisionhealth.com, and all other mobile sites, services, applications, platforms and tools where these Terms of Use appear or are linked (collectively, the “Website”). The Website may provide users with access to an online or mobile collection of information, databases, materials, content, and certain online and application services (collectively, the “Services”). The Website also contains text, pictures, graphics, logos, button items, images, works of authorship, data, and other content (collectively, “Content”), and may provide access to certain software used in connection with navigation and utilizing the functionality offered through this Website (“Software”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU USE THE SITE. BY ACCESSING OR USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOUDO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THIS SITE OR THE SERVICES.

ELIGIBILITY REQUIREMENTS

By using this Website and the Services, you represent and warrant that: (1) you have the legal power and authority to agree to, and to be bound by, these Terms of Use; and (2) if you provide or have provided information to us in connection with your use of the Website or Services, such information is true and accurate. Neither this Website nor the Services are intended to be used by anyone under the age of 13. By using or accessing the Services, you represent that you are 18 years of age or older. If you are using or accessing the Website or Services as a legal representative, you warrant and represent that you have the legal authority to do so.

ACCESSING THE SITE & ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any Service we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any period, or for any reason. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users. Therefore, you are advised not to rely on the Website’s availability.

To access the Website or some of the Services it offers, you may be asked to provide certain information, as detailed in our Privacy Policy and Consent to Data Use agreements. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide through this Website or otherwise, including but not limited to these of any interactive features on the Website, is governed by our Privacy Policy and Consent Agreement, and you consent to all actions we take with respect to your information consistent with those policies.

INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS

This Website and its entire Contents, features, and functionality (including but not limited to all information, Software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), and the Services are owned by TMA, its licensors, its services providers, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or propriety right laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Contention the Website or Services, except as follows:

Your computer or device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may download and print one copy of a reasonable number of pages of the Website or take a screenshot of the content for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from this Website.
Copy, sell, or in any way use any text, illustrations, photographs, video or audio sequences, graphics, or any other part of the Website, Content, or the Services except in the limited manner, for personal, non-commercial use only, described above.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any Services or Content made available to You.

Any use of the Software by you other than as required to navigate and to utilize the intended functionality offered through this Website is prohibited. You agree not to access the Services or Content by any means other than the interface provided by the Company through this Website for your use in accessing the Services and Content.

If you print, copy, modify, download, or otherwise use or provide any other person with access to or content from any part of the Website or Services in breach of these Terms of Use, your right to use the Website and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or Services, or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website or Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARKS

TMA’s name and all related names, logos, product and service names, designs and slogans used in the Website or Services, unless otherwise noted, are trademarks of TMA or its affiliates or licensors. You must not use such marks without the prior written permission of TMA. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law.

If you believe in good faith that content or material on this website infringes a copyright owned by you, you or your agent may send a notice requesting that the material be removed, or access to it blocked (a “DMCA Notice”). The DMCA Notice must include the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed;
(c) identification of the material that is claimed to be infringing or the subject of infringing activity;
(d) the name, address, telephone number, and email address of the complaining party;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a DMCA Notice has been wrongly filed against you, the DMCA permits you to send us a counter-notice (“Counter-Notice”).

All DMCA Notices and Counter-Notices must meet the then-current statutory requirements imposed by the DMCA. DMCA Notices and Counter-Notices should be sent to TMA at: info@TMAprecisionhealth.com.

CONTACT BY TMA

You agree to receive electronically all communications from us in connection with your use of the Website or Services, which may include emails, texts, mobile push notices, or messages on or through the Website or Services. You are encouraged to retain copies of these communications for your records. You agree that all digital agreements, notices, disclosures, and other communications that we provide to you meet any legal requirement that such communications would satisfy if they were provided to you in written hard copy.

PROHIBITED USES

As a condition of your use of the Services, you represent and warrant to TMA that you will not use the Website or Services for any purpose that is unlawful, misleading, malicious, or discriminatory, or prohibited by these terms, conditions, or notices. You agree not to use the Website, any content taken from it, or any copy of it, or the Services:

In any way that violates or is prohibited by any applicable federal, state, local or international law or regulation (including, without limitation, U.S. export laws and regulations and any laws regarding the export of data or software to and from the US or other countries).
To export or re-export the Services or any direct product thereof: (a) into (or to a national or resident of) any country that is subject to a U.S. general embargo or that is designated as a state sponsor of terrorism, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons List or the U.S. Commerce Department’s Denied Parties List or Entities List. You represent that you are not located in or under the control of a national or resident of any such country or anyone on any such list.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any junk mail, chain letter or spam or any other similar solicitation.
To impersonate or attempt to impersonate TMA, a TMA employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm TMA or users of the Website or expose them to liability.

Additionally, You agree not to:

Solicit login information or access an account belonging to someone else.
Collect users’ information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
Use the Website or Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Website or Services.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring, harvesting, scraping, or otherwise copying any of the material or information on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the website, including by soliciting passwords or personal information from any other person or by impersonating any other person or entity.
Otherwise attempt to interfere with the proper working of the Website.

RELIANCE ON INFORMATION PRESENTED

All Content available through the Website and Services are provided for informational purposes only and is not intended as a substitute for professional medical advice, help, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding your medical care, and never disregard professional medical advice or delay seeking it because of something you have read on or via the Services. No information available on or via the Website or Services is intended to constitute a medical diagnosis or treatment. Reliance on any information appearing on the Website or Services, including but not limited to information provided by TMA personnel or by other users of the Website or Services, is solely at your own risk. TMA does not warrant the accuracy, completeness, timeliness or usefulness of the opinions, advice, content, services, or other information provided through the Services.

SUBMISSIONS POLICY

In the event you choose to submit, post, or otherwise provide TMA with feedback, suggestions, comments, or other communications (“Postings”), all Postings will be considered non-personal, non-confidential (except for Collected Information, as defined in the TMA Precision Health Consent to Data Use) and nonproprietary. You agree that you will not create any Postings that:

interferes with or disrupts the Website or Services, or the operation of the Website or Services;
defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others;
incorporates in whole or in part unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others;
includes statements or material that violate any contractual or fiduciary rights, duties or agreements;
includes statements or material that is bigoted, hateful, or racially offensive;
includes statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;
includes statements, images, or other material that contain vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person;
includes statements or material that harm minors;
includes statements or material that impersonate any other person or entity, whether actual or fictitious, including employees and representatives of TMA;
includes statements or material that misrepresent your affiliation with any entity and/or TMA;
anything that violates the privacy or publicity rights of any other person, including displaying any personal identifying information of another individual;

You agree that you will, at all times, provide true, accurate, current, and complete information when creating a Posting, including, but not limited to, when you provide information via an online form or via email. You represent that you have all necessary rights, consents, or permissions to make any Posting. You hereby grant TMA a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Postings, in whole or in part, and including all intellectual property rights therein. You also acknowledge that all Postings are non-confidential and that TMA has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. TMA assumes no responsibility for the deletion of or failure to store any Posting. TMA is not a publisher of any Posting and is merely functioning as an intermediary to enable you to provide and display a Posting.

TMA is not responsible for screening, policing, editing, or monitoring your or another user’s Postings. TMA does not endorse or oppose any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of, any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other user. Nevertheless, TMA reserves the right to delete or take other action with respect to Postings (or parts thereof) that TMA believes in good faith violate these Terms of Use, are (or potentially are) unlawful or harmful to TMA or its services and goodwill, or for any other reason in TMA’s sole discretion. If you violate these Terms of Use, TMA may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your access or use of the Website or the Services.

THIRD PARTY CONTENT AND LINKS

The Website may include or link to content provided by third parties. All statements and/or opinions expressed in such third-party content are solely the responsibility of the person or entity providing the content. TMA has no control over the contents of linked third party websites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of such websites or resources. If you access any third-party websites linked to the Website, you do so at your own risk and subject to such websites’ terms and conditions and privacy policies. The inclusion of any link to a third-party website does not necessarily imply endorsement by TMA of that website or the material or content contained therein. We are not responsible or liable to you or any third party for the content or accuracy of any information or services provided by third parties.

FORCE MAJEURE

TMA will not be liable for failure or delay in performing any Services to the extent that such failure or delay is due to causes beyond the reasonable control of TMA, such as acts of God, fire, strikes, embargo, terrorism, and regulatory governmental agencies.

LIMITATION OF LIABILITY

Reasonable efforts are taken to include accurate and up-to-date information on this Website. However, errors or omissions may occur. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL TMA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BYTORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH: (1) YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT; (2) ANY CONTENT OR SERVICES ON THE SITE OR SUCH OTHER SITES; (3) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; (4) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE OR THE SERVICES; (5) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (6) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE OR IN CONNECTION WITH THE SERVICES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

GOVERNING LAW AND ARBITRATION

Any legal action or proceeding between You and TMA arising out of or related to these Terms of Use, including your use of and access to the Website, the Services, Collected Information (as defined in the TMA Precision Health Consent To Data Use), or Accumulated Information (as defined in the Privacy Policy) (collectively, “Dispute(s)”),shall be governed exclusively by the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles.

You agree that any Dispute shall be finally and exclusively resolved by binding arbitration administered by the Boston, Massachusetts offices of JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, and not by a lawsuit or resort to court process, except to the extent Massachusetts law provides for judicial review of final and binding arbitration resolution.  The arbitration shall be held in Boston, MA, U.S.A. before one (1) arbitrator. Judgement on an award may be entered in any court having jurisdiction. You further agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate. You understand and agree that this agreement to arbitrate binds you and anyone else who may have a Dispute.

WAIVER & SEVERABILITY

No waiver by TMA of any term of condition set forth in these Terms of Use shall be deemed a further or continuing waiver of any such term or condition or waiver of any other term or condition, and any failure of TMA to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

The invalidity of all or any part of any provision of these Terms of Use shall not invalidate the remainder of these Terms of Use or the remainder of any section that can be given effect without such invalid provision.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SITE AND ITS CONTENT AND SERVICES IS AT YOUR OWN RISK. THE SITE THE SERVICES, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NEITHER TMA NOR ANY PERSON ASSOCIATED WITH TMA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER TMA NOR ANYONE ASSOCIATED WITH TMA REPRESENTS OR WARRANTS THAT THE SITE, CONTENT, OR THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE ORTHE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TMA HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNITY

You agree to indemnify and hold harmless TMA, its directors, officers, affiliates, employees, agents, representatives, successors, licensors, successors, and assigns (the “Indemnified Parties”)harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including actual attorney’s fees) arising out of or relating to Your violation of these Terms of Use or Your use of the Website, Content, or the Services.

ASSIGNMENT

You may not assign your responsibilities under these Terms of use to any other party. TMA may assign these Terms of Use to any future, directly or indirectly, affiliated company. TMA may also assign or delegate its rights and responsibilities under these Terms of Use to independent contractors or other third parties.

CHANGES TO THE TERMS

TMA may make changes to these Terms of Use from time to time. When these changes are made, TMA will make a new copy of the Terms of Use available here. You agree to review these Terms of Use periodically to be aware of such changes understand and agree that if you use or access the Website after the date on which the Terms of Use have changed, TMA will treat your use as acceptance of the updated Terms of Use.

ENTIRE AGREEMENT

The Terms of Use and other documents incorporated herein constitute the sole and entire agreement between You and TMA with respect to the Website, Content, and the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

QUESTIONS & COMMENTS

This Website is operated by TMA Precision Health, 10 Derne Street, Boston, Massachusetts 02114.

Any questions or comments related to these Terms of Use should be sent to info@TMAprecisionhealth.com.