Last revised June 6, 2019
1. Privacy Practices
2. Services Provided - No Medical Care or Advice by Boulder Care
We offer an online communication platform for Providers and their patients to connect via the App through the use of synchronous and asynchronous telecommunications technologies. The App facilitates communication between patients and Providers.
Boulder Care does not provide medical advice or care, including psychological or addition recovery advice. Boulder Care contracts with Boulder Care Medical, an independent, physician-owned medical group with a network of United States based Providers who provide clinical telehealth services. Boulder Care Medical Providers deliver clinical services via the Boulder Care platform to their patients. Providers are independently contracted or employed by the Boulder Care Medical. Providers are not contracted or employed by Boulder Care. The Providers, and not Boulder Care, are responsible for the quality and appropriateness of the care they render to you.
The Providers are independent of Boulder Care and are merely using the App as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from Boulder Care. Your interactions with the providers via the App are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Boulder Care, nor any of its subsidiaries or affiliates or any third party who may promote the App or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the App or Service, nor any information obtained on the App.
Boulder Care does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the App or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
Boulder Care does not make any representations or warranties about the training or skill of any Providers who deliver services via the App or Service. You will be provided with available Providers based solely on the information you submit to the App. You are ultimately responsible for choosing your particular Provider.
The content of the App and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical, behaviorial, or psychological advice, diagnosis, treatment, or recommendations of any kind by Boulder Care. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical or psychological conditions. All information provided by Boulder Care, or in connection with any communications supported by Boulder Care, is intended to be for general information purposes only, and is in no way intended to create a doctor-patient or provider-patient relationship as defined by state or federal law. While Boulder Care facilitates your selection of, and communications with, Providers, Boulder Care does not provide medical or psychological services, and the doctor-patient and provider-patient relationship is between you and the Provider you select.
Not for Emergencies
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" IMMEDIATELY.
Boulder Care's App and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the App. If you believe you have an emergency, call 9-1-1 immediately. If you are experiencing suicidal or self-harm thoughts or tendencies, you should immediately call the National Suicide Hotline at 1-800-273-8255.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
Risks of Telehealth Services
By using the Services, you acknowledge the potential risks associated with telehealth and telepsychology services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or psychological care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
Neither Boulder Care nor Boulder Care Medical endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. Providers reserve the right to deny care for actual or potential misuse of the Services.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Boulder Care and Boulder Care Medical fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct Boulder Care Medical to transmit that prescription to the pharmacy of your choice.
Not an Insurance Product
Neither Boulder Care nor Boulder Care Medical are insurers. The Services are not insurance products, and the amounts you pay to Boulder Care or Boulder Care Medical are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
3. Availability of Services
Boulder Care and Boulder Care Medical operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the App and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the App or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited
4. Requesting and Purchasing of Services
Service Request and Acceptance and Shipment
Your request for services does not necessarily ensure that we will accept your request. We may require additional information regarding your request if you have not provided all the information required by us to completed. Once a properly completed request and authorization of your form of payment is received, we will process your order. We do not accept orders from dealers, wholesalers, or other customers who intend to resell the Services offered on our App.
Typographical Errors and Incorrect Pricing
In the event a Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your insurance has been charged.
You can obtain services on the App through a charge to your insurance provider. You represent and warrant that that (a) any insurance, credit card, debit card, and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your insurance company, credit/debit card company, or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are authorized to make a purchase or other transaction with the relevant insurance, credit card, and credit card information.
5. Eligibility; App Access, Security and Restrictions; Passwords
In order to access the App and the Services, you represent and warrant that you are older than 18 years old. You agree to fully, accurately, and truthfully create your Boulder Care Account ("Account"), including but not limited to your name, mailing address, phone number, email address, and password, which become your Boulder Care ID and credentials. The Boulder Care ID and/or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Boulder Care ID and/or credentials, and for all activities that occur under such Boulder Care ID and/or credentials. You agree to prohibit anyone else from using your Boulder Care ID and/or credentials and agree to immediately notify Boulder Care of any actual or suspected unauthorized use of your Boulder Care ID and/or credentials or other security concerns of which you become aware. Your access to the App may be revoked by Boulder Care at any time with or without cause.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the App, deep-link to any feature or content on the App, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the App. Violations of system or network security may result in civil or criminal liability. Boulder Care will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this App or any activity being conducted on this App.
6. Electronic Communications
When you use the App or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Boulder Care and Boulder Care Medical may contact you by telephone, mail, or email to verify your Account information. Boulder Care and Boulder Care Medical may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the App and the Services until you provide the information to us as requested.
7. Consent to Receive Calls and Text Messages and Video Recording
8. Ownership Of The App And Related Materials; Additional Restrictions
All pages within this App and any material made available for download are the property of Boulder Care, or its licensors or suppliers, as applicable. The App is protected by United States and international copyright and trademark laws.
9. No Users Under 18 Years Old
The App and Services are only for users of the age of 18. If you are under the age of 18, please do not attempt to register with us at this App or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at firstname.lastname@example.org or call us at (503)-208-5061.
10. Accuracy of Information; Functionality; Location Services
Although Boulder Care attempts to ensure the integrity and accurateness of the App and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the App, Service descriptions and other content on the App. It is possible that the App could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the App by third parties. In the event that an inaccuracy arises, please inform Boulder Care so that it can be corrected. Information contained on the App may be changed or updated without notice. Additionally, Boulder Care shall have no responsibility or liability for information or content posted to the App from any non-Boulder Care affiliated third party.
Boulder Care and Boulder Care Medical each reserves complete and sole discretion with respect to the operation of the App and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the App or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the App or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the App or the Services in accordance with our internal record retention and/or destruction policies.
Certain location-enabled functionality made available in the Application is provided by Google Inc., Apple Inc., and/or other third party providers. Your use of that functionality may be subject to additional terms and condition\s (as updated from time-to-time): http://www.google.com/intl/en-US_US/help/terms_maps.html and https://www.apple.com/legal/internet-services/maps/terms-en.html. You must exercise your own judgment as to the adequacy and appropriateness of the information. PLEASE NOTE THAT LOCATION DATA MAY NOT ALWAYS BE ACCURATE. THE LOCATION SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND AND WE EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE LOCATION SERVICES
11. Links to Other Apps and Websites
Boulder Care makes no representations whatsoever about any other website or application that you may access through this App. When you access a non-Boulder Care App, please understand that it is independent from Boulder Care, and that Boulder Care has no control over the content on that website or application. In addition, a link to a non-Boulder Care website does not mean that Boulder Care endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this App, you do this entirely at your own risk.
12. User Information
If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our App ("User Information"), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other App users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Boulder Care and Boulder Care Medical that you have the legal right and authorization to provide all User Information to Boulder Care and Boulder Care Medical for use as set forth herein and required by Boulder Care and the Boulder Care Medical Provider.
Boulder Care and/or Boulder Care Medical may de-identify your information such that it is no longer considered protected health information or personally identifiable information. Boulder Care and/or Boulder Care Medical may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
You agree not to: (i) access the App or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively "Information") which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the App or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the App or the Services; (v) use robots or scripts with the App; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this App; (vii) to have any antivirus or antispyware software running that is set to override the internet browser's cookies setting; (viii) incorrectly identify the sender of any message transmitted to Boulder Care; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the App or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.
You agree to defend, indemnify, and hold harmless Boulder Care, Boulder Care Medical, and the Providers from and against all third party claims, damages, and expenses (including, but not limited to, reasonable attorneys' fees) against or incurred by us arising out of any User Information you upload to or transmit through the App or any breach of this Section 12.
13. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our App. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Boulder Care respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Boulder Care's Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the App
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our App by sending us a notice ("Copyright Notice") complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the App where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Copyright Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
Boulder Care, Inc.
208 SW Harvey Milk St.
Portland, OR 97204
14. Intellectual Property
With the exception of your electronic medical record, Boulder Care and Boulder Care Medical, as applicable, retain all right, title, and interest in and to the App, the Services and any information, products, documentation, software, or other materials on the App, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the App licensed by Boulder Care or Boulder Care Medical (in that case, the license provider retains all right, title, and interest therein). The information available through the App and the Services is the property of Boulder Care or Boulder Care Medical, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Boulder Care or Boulder Care Medical trademarks, service marks, and logos are strictly prohibited without the prior written permission of Boulder Care or Boulder Care Medical, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the App. Nothing contained on the App should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the App without the written grant thereof by Boulder Care, Boulder Care Medical, or the third party owner of such trademarks, service marks, and/or logos. The App may contain other proprietary notices and copyright information, the terms of which you agree to follow.
Boulder Care may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
15. CAN-SPAM Act and Telephone Consumer Protection Act Compliance
Boulder Care and Boulder Care Medical are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAM-SPAM ACT") and the Telephone Consumer Protection Act ("TCPA"). You consent to receive text messages from us as set forth in Section 7, above (Consent to Receive Calls and Text Messages and Video Recordings). Emails, newsletters, and text messages received from us are intended to fully comply with the CAM-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at the address listed below under the section "How to Contact Us."
You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit Boulder Care products or services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not: (a) infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail ("spamming"); (b) propagate computer worms or viruses; (c) use a false identity; (d) attempt to gain unauthorized entry to any site or network; or (e) infringe copyrights, trademarks, or other intellectual property rights.
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold Boulder Care and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Boulder Care and its affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against Boulder Care or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your Account will be terminated for any of the above infractions.
16. Disclaimer of Warranties
BOULDER CARE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE APP WILL BE CORRECTED. THIS APP, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY APP-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. BOULDER CARE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE APP.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS APP, APP-RELATED SERVICES, AND LINKED WEBSITES OR APPLICATIONS. BOULDER CARE DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
BOULDER CARE DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. BOULDER CARE MEDICAL PROVIDERS DO NOT PRESCRIBE DEA CONTROLLED SUBSTANCES, SUCH AS THOSE CONTAINING OPIOIDS OR AMPHETAMINES.
17. Limitation of Liability Regarding Use of App
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
BOULDER CARE SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF BOULDER CARE MEDICAL OR THE PROVIDERS. BOULDER CARE AND ANY THIRD PARTIES MENTIONED ON THIS APP ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE APP, APP-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE APP, AND/OR ANY LINKED WEBSITE OR APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP, APP-RELATED SERVICES, AND/OR LINKED WEBSITES OR APPLICATIONS IS TO STOP USING THE APP AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF BOULDER CARE TO YOU WITH RESPECT TO YOUR USE OF THIS APP IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
18. No Third Party Rights
20. Supplemental Terms Applicable to Providers
To be a healthcare provider using the App (for purposes of this Section 20, "Provider" or "you") you must be a licensed physician, nurse practitioner, or healthcare professional contracted or employed by Boulder Care Medical, and must agree to comply with all laws, medical board rules, and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the Boulder Care users (including, but not limited to, your Boulder Care Medical patients) is directly between you and the patient. The patient will never have a physician-patient relationship with Boulder Care. Boulder Care does not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices, and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider and Boulder Care Medical is solely responsible for all billings and collections from patients and other consumers, and Boulder Care shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.
Boulder Care does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods, or services offered by Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining Provider's compliance obligations under law. Provider and Boulder Care agree that Boulder Care is not providing, to Customer or anyone else, medical advice or legal advice.
Provider will use the App and Services only in accordance with applicable standards of good medical practice. While software products such as the App and Services can facilitate and improve the quality of service that Provider can offer patients, many factors, including but not limited to the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the App and Services, and the provision of medical services to Provider's patients. In this regard, Provider releases Boulder Care and waives any and all potential claims against Boulder Care as a result of Provider's use of the App and Services, and the provision of services to Provider's patients.
As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold Boulder Care harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against Boulder Care, regardless of the cause if such claim arises for any reason whatsoever, out of Provider's use or operation of the App and Services. To the extent applicable, Provider will obtain Boulder Care's prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of Boulder Care or defect in the App or Services. Boulder Care will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.
If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images, or other materials to us or our App ("Provider Content") or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Boulder Care that you have the legal right and authorization to upload all Provider Content at the App. Boulder Care shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however Boulder Care desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium, or technology throughout the world. Boulder Care is and shall be under no obligation: (i) to maintain any Provider Content in confidence; (ii) to pay to you any compensation for any Provider Content; or (iii) to respond to any Provider Content.
Boulder Care does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the App. You grant Boulder Care the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the App or provide to patients or other consumers. Boulder Care and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.
21. Dispute Resolution; Arbitration Agreement
We will try work in good faith to resolve any issue you have with App, including without limitation, Services ordered or purchased through the App, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
If you desire to assert a claim against Boulder Care, and you therefore elect to seek arbitration, you must first send to Boulder Care, by certified mail, a written notice of your claim ("Notice"). The Notice to Boulder Care should be addressed to: Boulder Care, Inc., Attn: Legal Dept., 208 SW Harvey Milk St, Suite 200, Portland, OR 97204 ("Notice Address"). If Boulder Care desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Boulder Care, must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought ("Demand"). If Boulder Care and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Boulder Care may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Boulder Care or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Boulder Care receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000.
YOU AND BOULDER CARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Boulder Care agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
22. Force Majeure
24. Application Support; Functionality
All questions and requests relating to App support must be directed to Boulder Care. To submit a support request, please email us at email@example.com or call us at (503)-208-5061. The Select Third Parties, as defined in Section 26, are not responsible for providing support for the application portions of the App and may not be contacted for support. Boulder Care will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the App at any time, without notice.
25. Modified Devices and Operating Systems
Boulder Care will have no liability for errors, unreliable operation, or other issues resulting from use of the App on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer's original specifications, including, but not limited to, use of modified versions of the operating system (collectively, "Modified Devices"). Use of the App on Modified Devices will be at your sole and exclusive risk and liability.
26. No Liability for Select Third Parties
27. Revisions; General
Copyright/Trademark Information. Copyright ©2019 Boulder Care, Inc. All rights reserved. All trademarks, logos, and service marks ("Marks") displayed on the App are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
How to Contact Us:
Boulder Care, Inc.
208 SW Harvey Milk St.
Portland, OR 97204 Telephone: (503)-208-5061