Welch Allyn Home Clinical Portal
Privacy Notice
Effective Date: April, 2024
This Privacy Notice will provide you with information on the data processing activities of Welch Allyn, Inc. (collectively “Welch Allyn,” “we,” or “us”) applicable to the Welch Allyn Home™ portal (“Portal”) for use by healthcare providers to access patient health imported from patients’ Welch Allyn Home™ remote patient monitoring device(s) (e.g., blood pressure measurement device, weight scale) (“Home Device”) via the Welch Allyn Home™ mobile software applicable after requisite registration and permissions and all related technology to access or otherwise use the Portal, as described below.
This Privacy Notice provides you with information on how Welch Allyn may process your personal information through your use of the Portal and how you can exercise your rights regarding your personal information. This Privacy Policy does not apply to the websites and practices of third parties (e.g., Welch Allyn distributors) to which certain Welch Allyn websites may link. It also does not apply to the practices of Welch Allyn’s subsidiaries or other affiliates.
We may periodically update this Privacy Notice to describe new features, products or services we offer related to the Portal and how it may affect our use of information about you. If we make material changes to this Privacy Notice, an updated version of this Privacy Notice will reflect those changes. You will be alerted to updates to this Privacy Notice. We encourage you to periodically review this for the latest information on our privacy practices.
What personal information we collect
“Personal information” as used in this Privacy Notice means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information includes “personal data” as that term is defined in the U.S. privacy laws. Personal information also includes “Sensitive Personal Information,” as defined below, except where otherwise noted.
We collect the following categories of personal information about you: User Information that is voluntarily provided to us when you interact with the Portal, including, without limitation, when you set up or update a consumer account on the Portal.
Additionally, some privacy laws require us to identify certain specific categories of personal information that are collected, which are as described below.
- Identifiers - A real name, alias, employer postal address, unique personal identifier, Internet Protocol address, email address, account name.
- Personal information (note that some personal information included in this category may overlap with other categories) - A name, national provider identifier.
- Commercial information – Survey responses provided to us.
- Internet or other similar network activity - Information on a consumer's interaction with a website, application, portal.
- Professional or employment-related information – Employer facility, clinic or practice name, practice specialty/scope of practice, primary contact information.
- Sensitive personal information - Consumer’s account log-in, precise geolocation.
How We Collect Your Personal Information
We May Collect Your Personal Information Directly From You – For example, if you choose to create an account in our Portal, contact us or request or purchase products, services, or information from us.
We May Also Collect Personal Information From Third Parties – For example, we may work with business partners, subcontractors, and analytics providers, who may provide us with personal information about you.
Through Automated Means – For example, we automatically collect information related to your mobile device operating system name and version, device manufacturer and model, mobile device identifier, browser language, and the version of the Portal you are using.
Through Tracking Technologies – For example, when you access the Portal, we use only necessary cookies, meaning those types of cookies required to operate the Portal and help us provide you with certain features. A cookie is a small text file that is transferred to your device’s hard drive for a period of time to store your preferences and other types of information.
Refusing cookies and similar technologies. Most browsers provide you with the ability to block, delete, or disable cookies, and your mobile device may allow you to disable transmission of unique identifiers and location data. If you choose to reject cookies or block device identifiers, some features of the Portal may not be available, or some functionality may be limited or unavailable. Please review the help pages of your browser or mobile device for assistance with changing your settings.
Why we collect your personal information and how we use it
Welch Allyn will collect your personal information and use it for the following purposes:
- operate the Portal and provide support to our business functions;
- protect against criminal activity, claims and other liabilities;
- send you information about our company, products, services, and promotions;
- respond to reviews, comments, or other feedback provided to us;
- support and personalize the Portal and our advertising efforts;
- protect the security and integrity of the Portal;
- provide customer support;
- the extent required for benchmarking, data analysis, audits, developing new products, enhancing the Portal, facilitating product, software and applications development, improving the Portal or our services, conducting research, analysis, studies or surveys, identifying usage trends, as well as for other analytics purposes;
- meet our contractual requirements;
- comply with applicable legal or regulatory requirements and our policies;
- market, advertise, and provide the Portal and our services; and
- the extent necessary for any other lawful purpose for which the personal information is collected.
Who may receive your personal information?
Welch Allyn will share your personal information with:
- Affiliates and Employees – We may share personal information with our related entity affiliates, and our employees, in order to provide you with the Portal.
- To Business Partners – We may share personal information with our trusted business partners. These partners and affiliates may use your personal information to, among other things, send you information or contact you about their services and products.
- For Legal Obligation or Safety Reasons – When we have a good faith belief that access, use, preservation or disclosure of personal information is reasonably necessary to (a) satisfy or comply with any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Use, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights, property, or safety of Welch Allyn, its users, or the public against harm.
- In the Case of a Merger or Sale – If and when we are involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding. Personal information may be transferred along with the business. Where legally required we will give you prior notice and if you have a legal right to do so, an opportunity to object to this transfer.
Sharing your personal information with our service providers
Welch Allyn uses service providers and other business partners to help us process your personal information in connection with the Portal such as providers of IT and system administration services, suppliers of technical and support services, and cloud service providers. Welch Allyn has privacy contracts with its service providers to ensure they provide an adequate level of protection for your personal information. These entities are authorized to use your personal information only as necessary to provide these services to us.
Sale of Personal Information and Targeted Advertising
Certain state laws regulate the “sale” of personal information, which may include not only the traditional selling of data, but also many sharing arrangements where the recipient can use the personal information that they receive for the recipient’s own commercial purposes. State laws may also regulate the disclosure of personal information to third parties for cross-context behavioral advertising (“sharing” under the California Consumer Privacy Act of 2018 or “targeted advertising,” as such practice is more commonly referred to). We do not sell personal information to third parties or process personal information for purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer, as the terms “Sell,” “Process,” “Targeted Advertising,” and “Profiling” are defined in the U.S. privacy laws. We do not knowingly “sell” or “share” the personal information of individuals under the age of 16.
How long we keep your personal information
Your personal information will only be kept for as long as we reasonably consider necessary for achieving the purposes set out above, or for as long as we are legally required to keep it.
Do not track
Certain laws require Welch Allyn to indicate whether we honor “Do Not Track” settings in your browser concerning targeted advertising. As of the effective date of this Privacy Notice, an industry standard has not yet been established on how to respond to these signals, and therefore Welch Allyn does not currently respond to such signals. Instead, we adhere to the standards set out in this Privacy Notice. If you have any questions, please contact us using the information provided below.
Your rights
Depending on where you live, you may have the following rights with respect to your personal information, subject to certain exceptions:
| Privacy Rights | Description |
| Right to Know/Access | You may have the right to confirm whether your personal information is being processed. You may have the right to request that we disclose to you what personal information of yours has been collected, used, disclosed, and sold or shared, including, depending on your location:
|
| Right to Delete | You may have the right to request deletion of the Personal Information collected about you. |
| Right to Correct | You may have the right to request the correction of inaccurate personal information that is maintained about you. |
| Right to Opt-Out of Sale, Cross-Context Behavioral Advertising, Targeted Advertising | Certain laws may provide you the right to opt-out of the sale of your personal information and the use or disclosure of your personal information for cross-context behavioral advertising (i.e., “sharing” under the California Consumer Privacy Act) or targeted advertising. We do not sell personal information to third parties or process personal information for purposes of targeted advertising or profiling. Please see above for details on how to opt-out of these activities. |
| Automated Decision-Making | You may have the right to request information about the logic involved in certain types of automated decision-making practices and a description of the likely outcome of processes, and the right to opt out of such processes. Your personal information is not subject to such automated decision-making processes. |
| Sensitive Personal Information | We only collect and use your Sensitive Personal Information to provide you with the services related to the Portal. However, if we used or disclosed Sensitive Personal Information for other purposes, you may have the right to limit certain uses of Sensitive Personal Information. |
| Right to Non-Discrimination | You have the right to not receive discriminatory treatment if you exercise any of the rights conferred to you by law. |
To exercise any of these rights available to you, please see below, “Exercising your Individual Privacy Rights.”
To opt out of marketing emails, please email us at [email protected] or by following the instructions included in the email or text correspondence. Please note that, even if you unsubscribe from certain correspondence, we may still need to contact you with important transactional or administrative information, as permitted by law. Additionally, if you withdraw your consent or object to processing of your personal information, or if you choose not to provide certain personal information, we may be unable to provide some or all of our services to you.
Other California Privacy Rights. Under California Civil Code Section 1798.83, individual customers who reside in California and who have an existing business relationship with us may request information about the disclosure of certain categories of personal information to third parties for the third parties’ direct marketing purposes, if any. To make such a request, please use the information in the Contact Us section below. Please be aware that not all information sharing is covered by these California privacy rights requirements and only information on covered sharing will be included in the response. This request may be made no more than once per calendar year.
Exercising your Individual Privacy Rights
If you would like to exercise any of your rights listed above, please contact us using the information below.
You may also designate an authorized agent to make a request to exercise your rights on your behalf. In order to do so, you must contact us using the information below. When contacting us to exercise your rights, please adhere to the following guidelines:
- Tell Us Which Right You Are Exercising: Specify which right you want to exercise and the personal information to which your request relates (if it does not relate to you). If you are acting as an authorized agent on behalf of another, please clearly indicate this fact and indicate your authority to act on their behalf.
- Help Us Verify Your Identity: Contact us using the information below and provide us with enough information to verify your identity. Please note that if we cannot initially verify your identity, we may request additional information to complete the verification process. Any personal information you disclose to us for purposes of verifying your identity will solely be used for the purpose of verification.
- Direct Response Delivery: Inform us of the delivery mechanism with which you prefer to receive our response. You may specify, for example, email, mail, or through your account (if you have one with us).
Please note that you do not need to create an account with us in order to make a request to exercise your rights hereunder.
Please contact us to appeal any decision made on your request.
Responses to Requests
Receipt of your request will be confirmed consistent with applicable law. You will generally receive a response to your request within forty-five (45) days. However, where reasonably necessary and where permitted by law, the response time may be extended by an additional forty-five (45) days, provided you are given notice of such extension first. If the information is provided to you electronically, it will be in a portable format and, to the extent technically feasible, in a machine readable, readily useable format that allows you to freely transmit this information without hindrance.
Please note that you will not be charged for making a request, provided that you make no more than two (2) requests per year. Where permitted by law, your request may be denied, for example, if your requests are determined to be unfounded or excessive (e.g., repetitive in nature), or a reasonable fee may be charged. In these circumstances, you will receive a notice regarding this denial and the reason for such denial.
Security
We have reasonable and appropriate security measures in place to protect against the loss, misuse, and alteration of any personal information we receive about you. We maintain reasonable security standards to protect the personal information that we maintain. If you have any questions about the security of your personal information, please contact us.
Children’s Privacy
We do not knowingly collect or solicit any personal information from children under the age of 16. In the event that we learn that we have collected personal information from a child, we will promptly take steps to delete that information. If you are a parent or legal guardian and think your child has given us their personal information, you can contact us using the information listed below.
Links to Third-Party Websites
We are not responsible for the practices employed by any websites or services linked to or from the Portal, including the information or content contained within them. We encourage you to investigate and ask questions before disclosing personal information to third parties, since any personal information disclosed will be subject to the applicable third party’s Privacy Notice.
Contact Us
If you have questions or concerns about this Privacy Notice, our information practices, or any other aspect of the privacy and security of your personal information, please contact us using the information below.
Email: [email protected]
Mail:
Welch Allyn, Inc.
P.O. Box 220
4341 State Street Road
Skaneateles Falls, New York 13153
Ethics and Compliance Hotline: 1-844-294-5418
WELCH ALLYN HOME CLINICAL PORTAL TERMS OF USE
April, 2024
THE TERMS AND CONDITIONS SET FORTH BELOW (“TERMS OF USE”) ARE A BINDING AGREEMENT BETWEEN YOU (YOU PERSONALLY OR YOU ON BEHALF OF A LEGAL ENTITY) (“YOU” AND “YOUR”) AND WELCH ALLYN, INC. (“WELCH ALLYN,” “WE,” “US,” AND “OUR”), AND GOVERN YOUR AND YOUR AUTHORIZED USERS’ ACCESS AND USE OF THE WELCH ALLYN HOME CLINICAL PORTAL (THE “PORTAL”). THE PORTAL INCLUDES ANY UPDATES THERETO AND ALL ASSOCIATED DOCUMENTATION.
WELCH ALLYN LICENSES THE PORTAL SOLELY ON THESE TERMS OF USE AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM. BY CLICKING THE "AGREE" BUTTON BELOW YOU: (A) HAVE READ AND UNDERSTAND THESE TERMS OF USE; (B) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU AND YOUR AUTHORIZED USERS ARE LEGALLY BOUND BY THEM; AND (C) REPRESENT AND WARRANT THAT (I) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT, AND (II) IF YOU ARE ACCEPTING AND AGREEING ON BEHALF OF A LEGAL ENTITY, YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THESE TERMS AND CONDITIONS ON BEHALF OF SUCH LEGAL ENTITY AND TO BIND SUCH LEGAL ENTITY AND ITS AUTHORIZED USERS TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, WELCH ALLYN WILL NOT AND DOES NOT LICENSE THE PORTAL TO YOU AND YOU OR YOUR AUTHORZIED USERS MUST NOT ACCESS OR USE THE PORTAL.
Definitions.
- App means the Welch Allyn Home mobile software application.
- Authorized Users means Your employees or independent contractors authorized by You to access the Portal and view and use Patient Information.
- Patient Information means Your patients’ individually identifiable information such as name, email address, and health and biometric data submitted by them via the App and Your patients’ individually identifiable information such as name, gender, date of birth and health information input by You or Your Authorized Users in the course of setting up and administering patients’ accounts in the Portal.
- Your Information means Your facility or practice name, primary contact information, national provider identifier, address, and any other information about You or Your Authorized Users provided by You or Your Authorized Users in the course of accessing and using the Portal.
Grant of Right of Access and Use. Subject to Your compliance with these Terms of Use, We grant You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to enable Your Authorized Users to access and use the Portal solely for Your lawful business purposes.
Credentials. Only Your Authorized Users may access and use the Portal. To protect Your Information, Your Authorized Users must submit login and password information and/or other authentication tokens or codes (“Credentials”) in order to create and access Your account. Credentials are for Your Authorized Users’ personal use only, may not be shared or transferred, and must be kept confidential. You shall notify Us immediately if any Authorized User’s Credentials are lost or stolen, or if any Authorized User becomes aware of or suspects any unauthorized use of his/her Credentials or any other breach of security related to the Portal, and You shall cooperate in any investigation or mitigation thereof by Us.
Responsibility/Liability for Authorized Users. You shall be responsible for Your Authorized Users’ compliance with these Terms of Use and liable for any violation of these Terms of Use by Your Authorized Users. You shall comply with any request by Us to suspend or terminate any Authorized User’s access to and use of the Portal if We reasonably determine that such Authorized User has violated these Terms of Use.
License Restrictions. You shall not, and shall not permit Your Authorized Users to: (a) use the Portal in violation of applicable laws, the legal rights of any third party, or these Terms of Use; (b) provide, license, sublicense, sell, resell, distribute, rent, lease, lend, time-share, or otherwise commercially exploit or make available to any third party the Portal (provided, however, that You may make the Portal available to Your Authorized Users as expressly permitted herein); (c) copy, modify, adapt, or otherwise make any changes to the Portal, in whole or in part; (d) create any derivative works based upon the Portal; (e) reverse engineer, disassemble, decompile, decrypt, decipher, or otherwise attempt to derive source code, algorithms, architecture, or other element of the Portal, in whole or in part; (f) use a robot, spider, or any similar device to copy or catalog the content, in whole or in part, available through the Portal; (g) use the Portal in order to build a similar or competitive product or service; (h) take any actions, whether intentionally or unintentionally, that circumvent, disable, or damage the Portal's security features, or allow or assist a third party to do so; (i) use the Portal in any manner that could disrupt or impair its integrity or performance; (j) disclose or publish, without Our prior written consent, performance or capacity statistics or the results of any benchmark test performed on the Portal; or (k) remove or alter any proprietary notices or labels associated with any part of the Portal. If We reasonably believe that You or any Authorized User is in breach of the restrictions in this section, We may, in addition to such other remedies as We may have under these Terms of Use, or at law or in equity, suspend Your access to and use of the Portal without advance notice.
FOSS. The Portal may include software from other suppliers who require Us to pass through their end user license terms. We do not warrant the operation of third-party software; Your sole remedy with respect to such third-party software will be pursuant to the original licensor’s warranty, if any, to Us, to the extent permitted by the original licensor. The Portal may contain or be provided with free or open source software (“FOSS”). FOSS is governed by the terms and conditions of its applicable license and not by the terms and conditions of these Terms of Use. All FOSS is provided “AS IS” and We make no representations or warranties with respect to any FOSS. Where required, a copy of FOSS source code is available on Our FOSS website at: https://hillrom.com/opensource.
Reservation of Rights. We reserve all rights in the Portal not expressly granted to You in these Terms of Use. You acknowledge and agree that the Portal is proprietary to Us, and all right, title and interest in and to (i) the Portal, (ii) all improvements, enhancements or modifications thereto, and (iii) any software, applications, inventions, or other technology developed in connection with the Portal, including all Intellectual Property Rights therein, are and shall remain Our exclusive property. “Intellectual Property Rights” means any and all intellectual property rights, including copyrights, patent rights, trademark rights, trade secrets, and any other intangible proprietary rights, whether registered or unregistered, and whether arising by statute, contract, common law, or otherwise, that may exist anywhere in the world, and all applications for registration or issuance of any of the foregoing, all priority and convention rights in any of the foregoing, and all rights to file any such applications.
Patient Information. The App enables Your patients’ mobile device to collect physiological measurements from home monitoring and vital signs devices and transmit them to the Portal. The App also saves and tracks Your patients’ results. Your patients must agree that We may access, collect, store, process, maintain, upload, sync, transmit, share, disclose and use Patient Information as a condition of their download, installation and use of the App. Patients may cease use of the App or delete if from their mobile device at any time. We may, in Our sole discretion and with or without notice, terminate patients’ right to use the App and reserve the right to delete patient records where the App has not been used for 12 consecutive months. We have no obligation to store, maintain, recover or provide You a copy of any Patient Information, or offer You the opportunity to retrieve or transfer any Patient Information prior to its destruction.
No Business Associate Relationship. By providing the Portal We are not creating, receiving, maintaining or transmitting protected health information (as such term is defined under the Health Insurance Portability and Accountability Act of 1996, as amended, and all implementing regulations (“HIPAA”)) on Your behalf, or on behalf of a business associate (as that term is defined under HIPAA) of Yours. We are providing a service to Your patients as consumers by facilitating Your access and use of Patient Information on their behalf and at their request. Your access and use of the Portal does not give rise a business associate relationship between You and Us.
Your Information. You agree that We may access, collect, store, process, maintain, upload, sync, transmit, share, disclose and use Your Information. BY CLICKING THE “AGREE” BUTTON, YOU EXPRESSLY CONSENT TO THE FOREGOING ACCESS, COLLECTION, STORAGE, PROCESSING, MAINTENANCE, UPLOADING, SYNCING, TRANSMITTING, SHARING, DISCLOSURE AND USE OF YOUR INFORMATION. By continuing to access and use the Portal, You indicate Your continued consent to such access, collection, storage, processing, maintenance, uploading, syncing, transmitting, sharing, disclosure and use of Your Information. Our access, collection, storage, processing, maintenance, uploading, syncing, transmitting, sharing, disclosure and use of Your Information is governed by Our Privacy Notice, which is incorporated herein by this reference. Our Privacy Notice may be viewed at Privacy Notice
Geographic Restrictions. The Portal is provided for access and use only by persons located in the United States. You acknowledge that You or Your Authorized Users may not be able to access or use all or some of the Portal outside of the United States and that access or use of the Portal by certain persons or in certain countries may not be legal. If You or Your Authorized Users access or use the Portal outside the United States, You or Your Authorized Users are responsible for compliance with all local laws.
Updates; Limits. We may change the Portal, including without limitation making improvements or alterations to functionalities, adding or removing features, and providing bug fixes and patches, with or without notice to You. You agree that all updates will be deemed part of the Portal and be subject to these Terms of Use. We also reserve the right to establish limits on the nature or size of storage available to You or on Your continued ability to access or use Patient Information, and to impose other limitations at any time, with or without notice to You.
Revisions to Terms of Use. We may revise these Terms of Use with or without notice to You. Revised Terms of Use supersede all earlier versions. We encourage You periodically to read these Terms of Use to see if We have made revisions to Our policies that may affect You. Your continued use of the Portal will signify Your continued agreement to these Terms of Use as they may be revised.
Term and Termination. The term of these Terms of Use will commence upon Your acceptance of these Terms of Use and will continue in effect until terminated as set forth in this section.
- We may terminate these Terms of Use in Our sole discretion at any time, with or without notice to You. In addition, these Terms of Use will terminate immediately and automatically without any notice to You if You or Your Authorized Users violate any of these Terms of Use. Upon termination Your account will be deleted and all rights granted to You under these Terms of Use will end.
- We reserve the right to delete Your account if You haven’t used the Portal for 12 consecutive months.
- Termination will not limit any of Our rights or remedies at law or in equity.
NO MEDICAL ADVICE. THE APP AND THE PORTAL ARE INTENDED ONLY TO TRANSMIT AND STORE PATIENT INFORMATION. NEITHER THE APP NOR THE PORTAL IS INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR CARE, AND NEITHER THE APP NOR THE PORTAL IS INTENDED TO DIRECT OR INFLUENCE YOUR PROFESSIONAL MEDICAL JUDGMENT. PATIENTS USING THE APP ARE INSTRUCTED TO CONTACT THEIR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IMMEDIATELY IF THEY SUSPECT THEY HAVE A MEDICAL PROBLEM OR CONDITION, AND TO CALL FOR EMERGENCY MEDICAL HELP IMMEDIATELY IF THEY ARE EXPERIENCING A MEDICAL EMERGENCY. NEITHER THE APP NOR THE PORTAL IS NOT INTENDED FOR EMERGENCY OR REAL-TIME MONITORING.
NO WARRANTY. THE PORTAL IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM AND EXCLUDE ANY AND ALL WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OR QUALITY AND/OR PERFORMANCE. WE DO NOT WARRANT THAT THE PORTAL WILL MEET YOUR REQUIREMENTS, THAT THE PORTAL’S OPERATION WILL BE ERROR-FREE OR UNINTERRUPTED, THAT THE INTERNET WILL BE AVAILABLE, THAT ERRORS IN THE PORTAL WILL BE CORRECTED OR THAT YOUR COMMUNICATIONS WILL BE SECURE OR DELIVERED TO YOUR RECIPIENTS, WHETHER THEY ARE YOUR INTENDED RECIPIENTS OR OTHERWISE, OR THAT YOUR INFORMATION STORED AND/OR ARCHIVED IN THE PORTAL OR ON OUR SERVERS WILL BE AVAILABLE, ACCESSIBLE, SECURE AND/OR ACCURATE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PORTAL REMAINS WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
DISCLAIMER OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OR DISCLOSURE OF PATIENT INFORMATION OR YOUR INFORMATION, ANY FAILURE TO MAKE PATIENT INFORMATION OR YOUR INFORMATION AVAILABLE TO YOU, INTERRUPTION OF SERVICE, COMPUTER OR MOBILE DEVICE FAILURE, DATA USAGE CHARGES, OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PORTAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE PORTAL IS TO CEASE USE OF THE PORTAL. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES EXCEED THE AMOUNT OF $50.00.
Export Regulation. The Portal may be subject to United States export control laws, including the Export Administration Act and its associated regulations. Neither You nor Your Authorized Users shall, directly or indirectly, export, re-export, or release the Portal to, or make the Portal accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You and Your Authorized Users shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Portal available outside the United States.
Governing Law. These Terms of Use are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Portal shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of Syracuse and the County of Onondaga. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PORTAL MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement. These Terms of Use and Our Privacy Notice constitute the entire agreement between You and Us with respect to the Portal and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Portal.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy hereunder preclude further exercise of that or any other right or remedy hereunder. In the event of a conflict between these Terms of Use and any applicable purchase or other terms, these Terms of Use shall govern.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE.
Welch Allyn, Inc.
P.O. Box 220
4341 State Street Road
Skaneateles Falls, New York 13153