Terms and conditions of use

The use of the Digital Tools may provide you with informational content and is not a substitute for professional clinical advice or treatment and does not create a physician-patient relationship. The disclosure of such content does not create a professional relationship between a health care provider and a patient and is not intended to create any patient relationship, nor should it be considered a replacement for consultation with a health care professional. If you have any health problems or health care–related questions, please call or see your physician. If you are experiencing a medical emergency, call 911 or visit the nearest emergency room.

The information and content provided on or accessed via the Digital Tools are intended for general, noncommercial, informational purposes only, and do not constitute the practice of medicine or any other professional judgment, advice, diagnosis or treatment. This information should not be considered complete or to be a substitute for a call, visit, consultation or advice from your doctor or other health care providers, as necessary.

Physicians provide clinical services as members of the medical staff at one of Sharp HealthCare’s subsidiary, community or affiliated medical centers or physician groups. They do not provide clinical services as employees or agents of Sharp HealthCare.

Certain features and functionality of the Digital Tools may require you to register for an account by providing your email address as a username, creating a password, providing information pertinent to your account. You are solely responsible for the accuracy and completeness of your registration information and for updating and maintaining it.

If you create an account on the Digital Tools, you are solely responsible for safeguarding and maintaining the secrecy of your password at all times and for all activity under your account. You may not copy, disclose, loan, rent, sell, lease, give away, give your password to or otherwise allow access to these Digital Tools by any other person. If you create an account on behalf of another individual, you represent and warrant that you either (i) are the legal guardian of that individual or (ii) are lawfully authorized to create the profile for the individual.

If you access or otherwise use the Digital Tools, you represent you are at least the age of majority in your jurisdiction and agree to be bound to these Terms.

You agree that you will not access or use our Digital Tools or any associated content in a manner that violates any applicable law or regulation or the rights of any individual or entity, sell or transfer any information included in our services, or use such information to market any product or service, including, without limitation, through unsolicited email. You agree that you will not probe, scan or seek to exploit any vulnerability in the Digital Tools or the network supporting them, or bypass, disable or otherwise circumvent any technical measures in place to protect the security, privacy, confidentiality and integrity of those Digital Tools and that network and any data contained therein, or take any action that imposes an unreasonable or disproportionately large load on Sharp HealthCare's infrastructure.

The Digital Tools may be unavailable from time to time and for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of Sharp HealthCare, access to the Digital Tools may be interrupted or suspended from time to time. Sharp HealthCare shall have the right at any time to change or discontinue any aspect or feature of the Digital Tools, including, but not limited to, content, availability and equipment needed for access or use.

You may now or in the future have the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast or otherwise make available on or submit through the Digital Tools (collectively, “Submit”) messages, text, images, comments, information, questions, suggestions or other information (collectively, “User Content”). You acknowledge that any User Content you Submit in any public forum (e.g., discussion groups, message boards, etc.) is available to the public and will be deemed nonconfidential. You understand that Sharp is under no obligation to display any such User Content.

You agree that Sharp HealthCare shall have, and you hereby grant to Sharp HealthCare, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, nonexclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you Submit to Sharp HealthCare.

Digital Tools may incorporate or link other content, tools, features and applications provided by third parties (collectively, "Third-Party Services"). Third-Party Services are not owned by Sharp HealthCare and we are not responsible for such Third-Party Services. You acknowledge and agree that these Third-Party Services are neither managed nor controlled by Sharp HealthCare and Sharp HealthCare shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance of any such content, goods or services available through any such Third-Party Services.

While using the Digital Tools you agree (or direct someone) not to: 

• Use the Digital Tools in such a manner as to damage, destruct, impair in any way, disable, overburden or introduce computer viruses or other malicious software

• Attempt to access restricted areas of Digital Tools through any means

• Use slanderous or profane language in any areas involving communications on Digital Tools

• Interfere with the use of Digital Tools by another party

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or services obtained from Digital Tools

• Decompile, reverse engineer, reverse assemble or attempt to discover any source code or underly ideas or algorithms of Digital Tools

• Remove or alter any trademark, logo, copyright or other proprietary notices in Digital Tools

You represent and warrant that you will not (i) impersonate another person or entity, (ii) use these Digital Tools to harass or stalk another user or (iii) use these Digital Tools to disperse chain letters, junk mail, "spamming" solicitations (commercial or otherwise) or bulk communications of any kind. You agree not to use these Digital Tools for any purpose that is unlawful or prohibited by these Terms. We reserve the right to deny access to any part of these Digital Tools at our sole discretion.

All trademarked or copyrighted material contained within these Digital Tools, including but not limited to logos, marks, content, documents, forms, images, illustrations and videos, are the sole property of Sharp HealthCare (or its licensors) (the “Content”). Subject to your strict compliance with these Terms, Sharp HealthCare grants you a nonexclusive, nontransferable, nonsublicensable, fully revocable, limited license to use the Digital Tools for your personal, noncommercial use. All other rights in the Digital Tools are reserved by Sharp HealthCare. You must retain all copyright and other proprietary notices on downloaded or printed Content, and any such downloads or copies are subject to the terms and conditions of these Terms and shall remain the property of Sharp HealthCare and our licensors and is protected by U.S. and international copyright, trademark, trade dress, patent and/or intellectual property and unfair competition rights and laws to the fullest extent possible. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Digital Tools or any Content and (ii) may be immediately suspended or terminated for any reason, in Sharp HealthCare’s sole discretion, and without advance notice or liability.

Any reproduction or redistribution of this material beyond the license granted under these Terms is prohibited without the express written consent of Sharp HealthCare. Any reproduction of illustrations or photographs appearing on these pages beyond personal use is strictly prohibited, unless prior written authorization is obtained from Sharp HealthCare. Use of copyrighted material without permission is expressly prohibited and is subject to federal copyright laws.

We may communicate with you electronically regarding the Digital Tools, including by email, and we may collect information related to communications between you and Sharp HealthCare. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree or consent via the Digital Tools, your action is intended as an electronic signature which binds you as if you had signed on paper. 

If you have chosen to communicate with us electronically, you may receive emails regarding billing, classes and events, and other programs and services offered by Sharp HealthCare. These communications do not relate to your clinical care or health care information, and HIPAA-protected data is not used in sending these messages. We will only send you information related to offerings at Sharp HealthCare. If you do not wish to receive promotional emails from Sharp, email us at info@sharp.com. You must be 18 years of age or older to communicate with us by email or to subscribe to our email newsletters.

These digital tools, content and all site-related services are provided "as is," without warranties of any kind, express or implied, including but not limited to, those of title, merchantability, fitness for a particular purpose or noninfringement or any warranty arising from a course of dealing, usage or trade practice. In addition, Sharp HealthCare disclaims any representation or warranty that any information accessible via these Digital Tools are accurate, complete or current or that access to the Digital Tools will be uninterrupted, secure or error-free, that defects will be corrected, or that the server on which the Digital Tools are hosted are free of viruses or other harmful components. Sharp HealthCare will not be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided. If applicable law does not allow for the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you to the fullest extent permitted by applicable law.

You agree that use of our Digital Tools is entirely at your own risk. Sharp HealthCare shall not be liable for any damages, including any direct, indirect, special, punitive, incidental, exemplary or consequential damages, even if Sharp HealthCare has been previously advised of the possibility of such damages, whether based upon principles of contract, warranty, misrepresentation, negligence or other tort, breach of any statutory duty, principles of indemnity, the failure or any limited remedy to achieve its essential purpose, or otherwise arising out of or in connection with the use, inability to use, or performance of this site or the information, services, products, content and other materials available from or through this site, including without limitation any such damages caused by failure or performance, error, omission, interruptions, deletion, defect, delay, inoperation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of any personal information (as that term is defined in the Privacy Policy).

You specifically acknowledge that Sharp HealthCare shall not be liable for the defamatory, offensive or illegal conduct of other users of these Digital Tools or Third Parties and that the risk of injury from the foregoing rests entirely with you. The foregoing limitations of liability shall apply notwithstanding any failure of essential purpose of any limited remedy.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of liability for consequential or incidental damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.

Notwithstanding anything in these Terms to the contrary, our aggregate liability in respect of any claim or action you may bring against us or any of Sharp HealthCare or its affiliated entities, regardless of form of action or theory of liability, shall be limited to one hundred United States dollars (US $100). To the fullest extent permitted by applicable law, you acknowledge that you may be waiving rights with respect to claims that are unknown or unsuspected.

You agree that you will not be permitted to obtain an injunction or other equitable relief of any kind such as any court or other action that may interfere with or prevent the development or exploitation of any website, application, content, submissions, product, service or intellectual property owned, licensed used or controlled by Sharp HealthCare.

Upon our request, you agree to defend, indemnify and hold us (and our affiliates, employees, contractors, officers, directors, co-branders, vendors and content providers) harmless from any dispute, loss, claim, damages or expenses (including reasonable attorneys' fees and court costs), which may arise from or relate to your breach of any of these Terms or which may arise from or relate to any of the following: (i) for any breach of these Terms; (ii) your use of the Digital Tools; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances or order of any governmental or quasi-government authorities; (iv) your violation of the rights of any third party, including any intellectual property, publicity, confidentiality, property or privacy right; or (v) any misrepresentation made by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In the event that we assume the exclusive defense and control of such a matter, you shall have no further obligation to provide indemnification to us in that matter.

IMPORTANT: This section (Section 12) limits certain legal rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative action and the right to certain remedies and forms of relief. Please review carefully.

In the unlikely event that a disagreement arises between you and Sharp HealthCare, you must first contact us directly by emailing info@sharp.com so that we may work in good faith to find a mutually agreeable solution.

If the issue cannot be resolved as described above within sixty (60) days, you and Sharp HealthCare agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Digital Tools or these Terms (collectively, “Dispute”) through binding individual arbitration, or as we and you otherwise agree in writing. You agree that the term “Dispute” in these Terms will have the broadest meaning possible. These Terms also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of Sharp HealthCare or third party if Sharp HealthCare could be liable, directly or indirectly, for such Dispute. If the parties have more than one Dispute between them, you and Sharp HealthCare agree to assert all such Disputes in a single arbitration so they may be resolved at the same time, or they will be deemed waived.

CLASS AND COLLECTIVE ACTION WAIVER: You and Sharp HealthCare explicitly agree to the fullest extent allowable and enforceable under applicable law, that the arbitrator must decide any Dispute on an individual basis. NO DISPUTE SHALL BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated absent the express written consent of Sharp HealthCare. The arbitrator may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in this Agreement, any challenge to the validity of this Class and Collective Action Waiver must be determined by a court of competent jurisdiction and not by an arbitrator. If, for any reason, this Class and Collective Action Waiver is held to be unconscionable or unenforceable, then the entirety of this Dispute Resolution/Mandatory Binding Arbitration provision (Section 12) shall not apply, and the Dispute must be brought exclusively in a state or federal court in California. Accordingly, you and Sharp HealthCare consent to the exclusive personal jurisdiction and venue of such courts for such matters. 

(a) As stated above, we require you to first contact us directly at info@sharp.com to seek a resolution. If we cannot resolve a Dispute within sixty (60) days, then, to the fullest extent permitted by applicable law, Disputes shall be resolved solely by a single, neutral arbitrator selected in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), in a reasonably convenient location agreed to by the parties in accordance with the AAA’s Consumer Due Process Protocol (including, but not limited to the AAA’s Consumer-Arbitration Rules, available at the ADR Consumer site), except that we may seek injunctive or other appropriate relief in any state or federal court. You can also obtain AAA procedures, rules and fee information by visiting the ADR Consumer site.

(b) To begin an arbitration proceeding, you must submit the Dispute by utilizing the forms available at the ADR Consumer site, and simultaneously sending a copy of the completed form to the following address: 200 State St., 7th Floor, Boston, MA 02109.

(c) Upon filing of the arbitration demand, we will pay all filing, administration, and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Sharp HealthCare will reimburse you for the filing fee within thirty (30) days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses, and preparation and presentation of evidence at the arbitration.

(d) With arbitration (i) there is no judge or jury, (ii) the arbitration proceedings and arbitration outcome are subject to certain confidentiality rules, and (iii) judicial review of the arbitration outcome is limited. Any Dispute shall otherwise be governed by the internal laws of the State of California without regard to California choice of law principles, except that the provisions of this agreement concerning arbitration shall be governed by the Federal Arbitration Act. The arbitrability of Disputes shall be determined by the arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You hereby consent to, and waive, all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California.

(e) Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Sharp HealthCare agree that we intend that this Section 12 satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual written agreement.

(f) In the event the AAA is unavailable or unwilling to hear the Dispute, you and Sharp HealthCare shall agree to, or a court shall select, another arbitration provider.

(g) To the fullest extent permitted by applicable law, if you or we want to assert a dispute against the other, then you or we must commence it (by delivery of written notice) within one (1) year after the dispute arises — or it will be forever barred.

These Terms shall be governed by, and construed and enforced in accordance with, the laws of the State of California, without regard to its choice of law rules. You agree to submit to the personal jurisdiction of the state and federal courts located in the County of San Diego, California, and agree not to bring any action relating to these Terms of use in any other court in any other jurisdiction. Sharp HealthCare retains the right to commence or enforce any legal or equitable action in any jurisdiction or court as necessary to enforce these terms of use or to protect our or any third party's rights in the services, data, information or other content made available via our Digital Tools.

You agree that we may seek to enjoin any violation of these Terms without posting a bond or security, in addition to any other remedies available at law or equity, and that in any dispute between you and us where we prevail, we shall be entitled to recover our reasonable attorney fees, court costs and other legal expenses.

If any provision of these terms is deemed invalid or unenforceable, then (i) that provision shall be construed to the extent necessary to make it valid and enforceable in such a manner as comes closest to preserving the intentions of such provision and (ii) the remaining provisions shall remain in full force and effect. Our failure at any time to require performance by you of any provision of these terms shall in no way affect our right to enforce such provision, nor shall the waiver of any breach by you of any provision herein constitute a waiver of any succeeding breach or the provision itself. These Terms are the entire agreement between Sharp HealthCare and any other user of the Digital Tools relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicensable by you except with Sharp HealthCare’s prior written consent.

Apple iOS Terms. If you are accessing or using the Sharp app through an Apple device, the following terms and conditions are applicable to you: 

1. To the extent that you are accessing the Sharp app through an Apple Device, you acknowledge that this Agreement is entered into between you and Sharp HealthCare and, that Apple, Inc. (“Apple”) is not a party to this Agreement other than as third-party beneficiary as contemplated below.

2. Any licenses granted to you by this Agreement is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the Sharp app.

3. You acknowledge that Sharp HealthCare, and not Apple, is responsible for providing the Sharp app and Content thereof.

4. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Sharp app.

5. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Sharp app.

6. Notwithstanding anything to the contrary herein, and subject to the terms this Agreement you acknowledge that, solely as between Apple and Sharp HealthCare, Sharp HealthCare, and not Apple is responsible for addressing any claims you may have relating to the Sharp app, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Sharp app fails to conform to any applicable legal or regulatory requirement and (iii) claims arising under consumer protection or similar legislation.

7. Further, you agree that if the Sharp app, or your possession and use of the app, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.

8. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

9. When using the Sharp app, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the app.

10. Your use of real-time route guidance on the Sharp app is at your sole risk. Location data may not be accurate.

Google Play Terms. If the Sharp app is provided to you through Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of this Agreement:

1. You acknowledge that Google is not responsible for providing support services for the Sharp app.

2. If any of the terms and conditions in this Agreement are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.