Illumesense
Illumesense

TERMS OF USE AGREEMENT

IllumeSense is a data analytics software company in the integrative health care industry. We do not cultivate, extract, test, dispense, sell, ship, recommend, deliver, or trade any products or any substances that are in violation of the United States Controlled Substances Act, and will continue to follow legal states and federal laws. The statements made by all IllumeSense EHR software, telehealth platform and data analytics dashboard subscribers about products have not been evaluated by the United States Food and Drug Administration (FDA) and are not intended to diagnose, treat, cure or prevent disease. All information provided on our website, any product label or packaging is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional you have a patient, clinician relationship with.

1. Introduction

These website standard terms and conditions written on this webpage shall manage your use of this website. These terms will be applied fully and affect to your use of this website. By using this IllumeSense website, you agreed to accept all terms and conditions written herein. You must not use this website if you disagree with any of these website standard terms and conditions.

2. Intellectual Property Rights

IllumeSense owns all the intellectual property rights and materials contained in this website. You are granted limited access only for purposes of viewing the material contained on this website.

3. Restrictions

You are specifically restricted from all of the following

4. Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant IllumeSense a non-exclusive, worldwide irrevocable, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be invading any third-party’s rights. IllumeSense reserves the right to remove any of Your Content from this Website at any time without notice.

5. No warranties

This Website is provided “as is,” with all faults, and IllumeSense express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

6. Limitation of liability

In no event shall IllumeSense, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. IllumeSense, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way IllumeSense User Data Privacy, Terms and Conditions related to your use of this Website.

7. Indemnification

You hereby indemnify to the fullest extent IllumeSense from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

8. Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms

IllumeSense is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

10. Assignment

IllumeSense can assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Entire Agreement

These Terms constitute the entire agreement between IllumeSense and you in relation to your use of this Website and supersede all prior agreements and understandings.

12. Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of CA, and you submit to the non-exclusive jurisdiction of the state and federal courts located in CA for the resolution of any disputes.

The above terms and conditions have been generated at https://termsandcondiitionssample.com/

Medical Assistance

  1. You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider.
  2. If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
  3. If you think you may be suffering from any medical condition, you should seek immediate medical attention.
  4. You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website.
  5. Interactive features
    • Our website includes interactive features that allow users to communicate with us.
    • You acknowledge that, because of the limited nature of communication through our website's interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.
    • Any assistance you may receive using any our website's interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.

The above Medical Assistance credited to https://seqlegal.com/our-terms-and-conditions/.

IllumeSense User Data Privacy, Terms and Conditions

This agreement establishes the user data privacy, terms and conditions under which IllumeSense acquires and uses data from the volunteer participants in this platform and other platforms and programs hosted by IllumeSense and its partners you volunteer to participate as citizen scientists. Your participation is completely voluntary. By participating, using, adding information and providing answers to survey questions, you agree to IllumeSense and its partners’ data privacy, terms and conditions.

A citizen scientist is an individual who voluntarily contributes his or her time, effort, and resources toward scientific research in collaboration with professional scientists or alone. These individuals don’t necessarily have a formal science background. Science is our most reliable system of gaining new knowledge and citizen science is the public involvement in inquiry and discovery of new scientific knowledge. A citizen science project can involve one person or millions of people collaborating towards a common goal. Typically, public involvement is in data collection, analysis, or reporting. Here are four common features of citizen science practice:
(a) anyone can participate,
(b) participants use the same protocol so data can be combined and be high quality,
(c) data can help real scientists come to real conclusions, and
(d) a wide community of scientists and volunteers work together and share data to which the public, as well as scientists, have access.
Source: https://scistarter.com/citizenscience.html

When you visit IllumeSense’s website, send an email or use an app to communicate with us, you are communicating with us electronically. You consent to receive communications from us electronically. IllumeSense has the right to refuse your participation and contribution based on breach of confidentiality and privacy of any other participants sharing data.

The confidentiality of data pertaining to individuals will be protected as follows:

  1. The data recipient will not release the names of individuals, or information that could be linked to an individual, nor will the recipient present the results of data analysis (including maps) in any manner that would reveal the identity of individuals.
  2. The data recipient will not release individual emails or any other Personally identifiable information “PII” in any manner that would reveal individual addresses to third party receiving the data.
  3. The data recipient may release Masked Data to a third party without prior approval from the data provider volunteer for education, research and product development.
  4. The data recipient may mask the data and then share, publish, or otherwise release any findings or conclusions derived from analysis and analytics of the data obtained from the data provider without prior approval from the data provider.
  5. Data transferred pursuant to the terms of this Agreement shall be utilized solely for the purposes of education, research and product development.
  6. The term “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, as amended including the American Recovery and Reinvestment Act of 2009 known as HITECH.
  7. All data provided to IllumeSense will be kept in a HIPAA compliant database to be used for education, research and development and business insights as listed in #3. Data shared with a Partner shall be owned by IllumeSense and the Partner under a separate data sharing agreement adhering to strict data privacy rules.
  8. Any third party granted access to data, as permitted under condition #2, above, shall be subject to the terms and conditions of this agreement. Acceptance of these terms must be provided in writing IllumeSense User Data Privacy, Terms and Conditions by the third party before data will be released except when there is a data sharing agreement between IllumeSense and third party.
  9. The program participants, data provider must be individuals who are at least 21 years of age. You represent and warrant you are of legal age and that all registration information you submit is accurate and truthful.
  10. You shall not (and shall not permit others to) either (a) take any action or (b) deposit, download, post, submit or otherwise distribute or facilitate distribution of any IllumeSense content using any communications service or other service available that:
    • infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy or other right of any other person or entity;
    • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
    • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
    • or contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of IllumeSense;

You agree that all communications you make are your sole responsibility.

You may at any time stop sharing information and immediately inform us of any possible breach.

You agree not to tamper with or use technology tools to change, modify, breach or interfere with any information you access or receive form IllumeSense and its partners.

You agree not to upload, download, forward, share and distribute any links, questions, questionnaires or communications from IllumeSense and its partners sent to you directly with other party.

We use Cognito HIPAA compliant server to collect and store your data.

It is recommended that you print and save a copy of the General Terms and Conditions and Use for your records.

The Terms and Conditions of the Privacy Policy may be updated or changed without any notice.

As used in these General Terms and Conditions of Use, “you” “your” “participant”, “participants” and words of similar import include (a) the individual accepting these General Terms and Conditions of Use as described above, and (b) any institution, organization or entity on whose behalf such individual is acting (including without limitation acts in the course of his or her employment), in whole or in part, with respect to the activities contemplated by these General Terms and Conditions of Use. If acting on behalf of his or her institution, organization or entity in the capacity described in the foregoing clause “(b)”, the person accepting these General Terms and Conditions of Use represents and warrants that he or she has the authority to do so on behalf of his or her institution, organization or entity, and that by his or her acceptance he or she binds the institution, organization or entity to these General Terms and Conditions of Use.

Fair Use Statement

The IllumeSense site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of issues of significance. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.

Clinician Note to Patients

As a clinician we draw on our professional expertise and guidance from documents such as the 2018 NCSBN guidelines. As a patient you acknowledge that your clinician provides support only, in their role as a cannabis integrative health clinician and any information received should not replace your medical doctor’s professional advice. Your participation in the use of all IllumeSense services, and Partner services and products, is voluntary and you alone are responsible for your results and further that individual results are not guaranteed and can vary. We do not claim to diagnose, treat, or help cure any condition or disease and any product sold by our partners is not intended to treat, cure, or prevent any disease and may not be approved by the Federal Food and Drug Administration (FDA). Further, we do not claim responsibility to any person, group or entity for any liability, loss, or damage caused or alleged to be caused directly or indirectly as a result of the use, application or interpretation of any information, product or consulting provided to you as the patient, or caregiver to the patient, or authorized party for using IllumeSense services.

IllumeSense Team Note to Patients

Services, provided on the IllumeSense software platform, are for educational and informational purposes only. While Illumesense requires all the clinicians, using our platform, software, app, and technology, to provide us with their clinical credentials, specific education and/or certification, IllumeSense does not guarantee the accuracy of the information provided to you by these clinicians. You are solely responsible for the selection of a clinician to consult with, and the clinician is solely responsible for his or her services and information provided to you. No doctor/patient relationship is created through use of IllumeSense site, or any other technology by IllumeSense. IllumeSense is not liable for any interaction between you and your clinician, including but not limited to using voice and/or video consult, and the services or information provided to you. For more information, please see the IllumeSense Terms of Use Agreement, at the top of this page.

HIPAA and CCPA Policies

At IllumeSense we are committed to handling all patient data in a secure manner. For questions and concerns regarding the IllumeSense privacy and security policies, please contact our Privacy Officer at Debbie.davis-scharoun@IllumeSense.com.

IllumeSense User Data Privacy, Terms and Conditions

Illumesense