Effective Date: 4/1/2019
Your Use of the Services
You are also responsible for maintaining the confidentiality of your username and password. We encourage you to use “strong” passwords (e.g., passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. You will be fully responsible for all activities that occur under your Account, including activities of others to whom you have provided your username or password so please notify us immediately of any unauthorized use of your Account or any other breach of security.
You acknowledge and understand that our Services are intended for users residing in the U.S. only.
Entry of Information
Sample Collection Requirements
You may be required to provide a urine, saliva, blood or other biological sample (collectively “Samples”) in order to use the Services. All Samples must be collected in accordance with the collection instructions contained in the testing kit provided by Kalamos (the “Testing Kit”). Kalamos and any laboratories or outside vendors that it uses have no obligation to deliver results for Samples that are not collected in accordance with the Testing Kit instructions. Any Samples not collected in accordance with the Testing Kit instructions that are tested and determined to be insufficient are subject to a processing and disposal fee of $12.00.
Access of Information
The Service is provided as an information entry resource only. Any information you obtain from using the Service is not intended to be used by you for any diagnostic or treatment purposes. The Services does not create a patient-physician relationship between you and Kalamos and should not be used as a substitute for professional diagnosis and treatment. Please consult your physician or healthcare provider (your “Provider”) before making any healthcare decisions.
You agree not to access the Services from insecure mobile devices, PCs or laptops, such as public internet kiosks found at airports and public libraries. You agree that you are using and will continue to use appropriate technical safeguards to secure the devices used to access the Services, including up-to-date virus protection on PCs. You understand that if you print any Personal Information, there is a risk that the Personal Information might be inappropriately disclosed, and Kalamos Care cannot protect the security of printed documents. You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, this Website or the Services.
Our Services and any related content, including our public content, is not directed at or meant for individuals under the age of 18. NO ONE UNDER THE AGE OF 18 IS PERMITTED TO USE OUR SERVICES. Anyone under the age of 18 who uses our Services is in violation of this Agreement and will have their account immediately terminated. Kalamos will immediately and permanently delete all information associated with that account from our records.
Should anyone over the age of 18, including a parent or legal guardian, assist anyone under the age of 18 to sign up for or use our Services, Kalamos will immediately terminate any user account created, immediately and permanently delete all information associated with that account from our records, and permanently ban that user or anyone associated with that user from using our Services in the future.
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display or distribution (commercial or non-commercial);
- attempt to decompile or reverse engineer any portion of the Services;
- use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Services;
- incorporate links to the Services or frame any elements of the Services within any other website;
- remove any copyright or other proprietary notations from the materials;
- obtain unauthorized access to any computer system through the Services;
- introduce viruses, worms, Trojan horses and/or harmful code to any of the Services;
- interrupt or attempt to interrupt the operation of the Services in any way; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license, which includes without limitation all rights granted by Kalamos Care in this Section 5, shall automatically terminate if you violate any of these restrictions. Further, Kalamos Care may terminate all your rights under this Section 5 at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Use of Your Personal Information
By creating an Account, you hereby grant and will grant Kalamos Care and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your de-identified or aggregated Personal Information in connection with research purposes and the development, operation, advertising or marketing of the Services, in any form now known or later developed.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Website pages or the content contained herein without our prior express written permission.
You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of our Website or Services.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.
You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from our Website or Services, in any manner or in any quantities not authorized by Kalamos.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kalamos without prior express written consent.
You may not use meta tags or any other “hidden text” utilizing Kalamos’ name or trademarks without the express written consent of Kalamos. Systematic retrieval of data from our Website or Services to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Kalamos is strictly prohibited.
All materials and information available through the Services are the sole and exclusive property of Kalamos Care and its affiliates, suppliers or licensors (the “Kalamos Care Entities”), and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. The service marks and trademarks of Kalamos Care, including without limitation “Kalamos Care” and the Kalamos Care logos, are trademarks and service marks owned by Kalamos Care Inc. Any other trademarks, service marks, logos and/or trade names appearing via our Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner. If you provide us with any suggestions for improvements to our Services or relating to any prospective products or services, be aware that any comments or suggestions you make to Kalamos Care are non-confidential and become the property of Kalamos Care, and you hereby grant to us a non-exclusive, irrevocable, perpetual, transferable, sublicensable (through one or more tiers) license to copy, use and modify such suggestions and to make, have made, use, import, offer to sell and sell any products or services incorporating such suggestions, without acknowledgment or compensation to you.
Entry of Financial Information
You may be required to enter financial information in order to access the Services. Financial information requested of you may include payment data, (e.g., credit card numbers, expiration dates, identification numbers, billing addresses, etc.) that you provide to us via our payment entry system as part of the Services. Such Financial information will be safeguarded and will only be accessed by authorized Kalamos Care employees or contracted third parties who provide services to Kalamos Care.
When you pay for Services by credit card, you represent and warrant that you are authorized to use such credit card, and you agree to pay all charges incurred by purchasing the Services. You agree that we may transfer your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for Services.
Any refunds provided under this policy will be issued to the credit card(s) used for the purchase and will be processed within 30 business days. Your credit card will be charged upfront when you purchase the Services.
Scope of Services
You are responsible for obtaining any equipment and Internet service necessary to access the Services and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue the Services in whole or in part, at any time and for any reason, without notice. The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
USE OF THE SERVICES IS VOLUNTARY. KALAMOS CARE AND THE SERVICES ARE NOT OFFERING MEDICAL ADVICE AS PART OF YOUR USE OF THE SERVICES. KALAMOS CARE DOES NOT PROVIDE ANY MEDICAL REFERRALS OR DIAGNOSES FOR ANY MEDICAL CONDITIONS. KALAMOS CARE SHALL HAVE NO OBLIGATION, RESPONSIBILITY OR LIABILITY FOR ANY PROVIDER’S PROVISION OF PROFESSIONAL SERVICES. KALAMOS CARE MAKES NO GUARANTEES OF SUCCESS OR FAILURE IN ANY COURSE OF TREATMENT TO WHICH YOU MAY CONSENT AFTER YOUR USE OF THE SERVICES. IF YOU HAVE ANY QUESTION RELATED TO YOUR HEALTH, PLEASE CONTACT YOUR HEALTHCARE PROVIDER.
THE SERVICES AND THE MATERIALS AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND USE OF THE SERVICES IS AT YOUR OWN RISK AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KALAMOS CARE, AND THE KALAMOS CARE ENTITIES MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ANY OTHER VIOLATION OF RIGHTS.
FURTHER, WITHOUT LIMITING THE FORGOING, KALAMOS CARE, AND THE KALAMOS CARE ENTITIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS OF THE USE, OR RELIABILITY OF THE MATERIALS AVAILABLE THROUGH THE SERVICES. KALAMOS CARE DOES NOT WARRANT THAT (A) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING OF MATERIAL) PROVIDED BY THE SERVICES WILL BE EFFECTIVE, ACCURATE, RELIABLE, TIMELY, COMPLETE, UNINTERRUPTED, SECURE, OR FREE OF ERRORS; THAT (B) THE SERVICES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KALAMOS CARE DISCLAIMS RESPONSIBILITY FOR ANY DAMAGE, LOSS, INJURY, OR LIABILITY WHATSOEVER RESULTING FROM THE PROVISION OF ANY PERSONAL INFORMATION TO THE SERVICES OR ANY UNAUTHORIZED USE OF OR ACCESS TO YOUR PERSONAL INFORMATION. KALAMOS CARE MAKES NO WARRANTIES ABOUT THE SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF PERSONAL INFORMATION.
ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION.
By using the Services you agree to release, discharge and hold harmless Kalamos Care and the Kalamos Care Entities from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the site. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
Revisions and Errors
The materials available through the Services could include technical, typographical, photographic errors, or other inadvertent errors or inaccuracies. We reserve the right, but without obligation, to make changes to document names and materials or to otherwise update or revise the Services from time to time, though we are not obligated to do so. Kalamos Care does not warrant that any of the materials available through the Services are accurate, complete, or current.
Communications with Us
We cannot guarantee the confidentiality of any communication or material transmitted to us via the Services or e-mail. Accordingly, we suggest that you use caution when transmitting any information to us via such means. For example, you should not include confidential information about you (such as your Social Security number) or information about your health status, in any e-mail that you send to us. We hereby expressly disclaim any liability for damages resulting from third party interception of your communications with us via the Services or via electronic mail. If you choose to send us any information via the Services or via e-mail, you do so solely at your own risk.
We make no representation that information provided by the Services is appropriate or available for use outside the United States. Those who choose to access the Services from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws and regulations. By using the Services, you consent to having any information you provide to us transferred to and processed in the United States.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most user concerns can be resolved quickly and to the user’s satisfaction by emailing user support. In the unlikely event that our user care team is unable to resolve a complaint you may have (or if Kalamos Care has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior agreements (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (‘Notice’). The Notice to Kalamos Care should be addressed to Kalamos Care, Inc. at [__________] (‘Arbitration Notice Address’). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (‘Demand’). If Kalamos Care and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Kalamos Care may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Kalamos Care or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Kalamos Care is entitled.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
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. YOU AND KALAMOS 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 Kalamos Care agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in these Terms to the contrary, we agree that if Kalamos Care makes any future change to this arbitration provision (other than a change to the Arbitration Notice Address) while you are a user of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
All Rights Reserved.