Terms of Use

Website Content

The information and content (collectively, “Content”) on this website is for your general educational information only. The Content on this website should not be considered medical advice and is not intended as medical advice. If you have any questions or concerns, it is advised to seek professional medical consultation. If you are experiencing a medical emergency, you should not rely on any information on this website and should seek appropriate emergency medical assistance, such as calling “911”.

None of the Content on this website represents or warrants that any particular drug or treatment is safe, appropriate or effective for you. Therefore, you should always confirm information with your health care professionals.

This website is intended for a United States audience. If you live outside the U.S., you may see information on this website about products or therapies that are not available or authorized in your country.


Required Disclosures

Read more about required disclosures and information relating to your use of this website in our Privacy Notice.


Agreement and Terms

These website Terms of Use (“Terms”) describe the rules for using this website. These Terms constitute a legally binding agreement between you, the applicationUser using this website, and QualityMetric Incorporated, LLC, and its subsidiaries (“QualityMetric,” “we,” “our,” or “us”) regarding your use of the amihealthy.com QualityMetric | PRO Insight (amihealthy.com) website (the “Site”). Your access to and use of the Site and the information and materials available through the Site is subject to all applicable laws and regulations and to this Agreement, including any future modifications (“Agreement”). By accessing or using the Site, you acknowledge that you have read and understand this Agreement and that you agree to be bound by its terms and conditions. If you do not agree to be bound by this Agreement and to abide by all applicable laws, you must discontinue use of the Site immediately. As long as you comply with these Terms of Use, QualityMetric grants you a Personal, non-exclusive, non-transferable, limited license to enter and use the Site.

If you are helping another applicationUser use this website, these Terms constitute a legally binding agreement between both the helper and the applicationUser being helped and QualityMetric.

The Privacy Policy | QualityMetric (“Privacy Policy”) is a part of this Agreement and is incorporated by this reference. By accepting this Agreement, you agree to the collection, use, and disclosure of your information by QualityMetric as described in the Privacy Policy. From time to time we may update these Terms and such changes shall be applied prospectively. Your use of the website after we post any changes to the Terms constitute your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.

By using this website, you acknowledge and agree that any activity on this website is subject to monitoring by QualityMetric at any time, and that QualityMetric may use the results of such monitoring without limitation, subject to applicable law.


License to Use this Website and Content Ownership

Subject to these Terms, QualityMetric grants you a Personal, nontransferable, nonexclusive, revocable, limited license to view the Content on the website for the sole purpose of collecting information. All user interfaces, content, trademarks, logos, software, scripting, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, and arrangement of such Content contained on the Site, are the property of QualityMetric, its licensors, or other third parties and are protected by U.S. and international copyright, patent, trademark, and other applicable laws.

Unless expressly authorized by QualityMetric (through this Agreement or otherwise) or otherwise permitted by law, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without QualityMetric’s express prior written consent. We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Content terminates immediately. Upon the termination of this license you must stop using this website, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.


Restrictions on Use of this Website

You may not use the Site for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity that infringes the rights of QualityMetric or others.

You represent and warrant that you are at least 13 years of age, and that if you are between 13 and 18 years of age a parent and/or guardian agrees to these Terms on your behalf.

You agree not to:

  • Use this website or Content in any way not explicitly permitted by these Terms or the text of the website itself;
  • Share any password assigned to or created by you with any third parties or use any password granted to or created by a third party;
  • Directly or indirectly authorize anyone else to take actions prohibited in this section; to comply with all applicable laws and regulations while using this website or the Content;
  • Modify, reverse engineer, decompile, disassemble, scrape, or otherwise tamper with the Site or create any derivative works based on the Site or Site Content;
  • Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or any QualityMetric server, or any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate means;
  • Take any action intended to interfere with the operation of this website; not to access or attempt to access any portion of this website to which you have not been explicitly granted access;
  • Probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site;
  • Reverse look-up, trace, or seek to trace any information on any other user of the Site, or exploit the Site in any way to reveal any information other than your own information;
  • Interfere with or disrupt the operation of the Site or server networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; or
  • Distribute any virus or other malware.

Changes to Website Content

We may change, add or remove some or all of the Content on this website at any time. Although we attempt to maintain the integrity and accuracy of the information and any Content on the Site, we make no guarantees as to correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, or other errors or omissions.


Links

While visiting this website you may click on a link to other websites and leave this website. We provide links to other websites that may contain information that may be useful or interesting to you. We do not endorse, nor are responsible for, the content, accuracy and accessibility of linked websites operated by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third parties and we encourage you to read the terms of use and privacy policies on such third-party websites.


NO WARRANTIES

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. QUALITYMETRIC, ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THIS WEBSITE, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS WEBSITE (COLLECTIVELY, “WEBSITE-RELATED-PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE WEBSITE-RELATED-PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. THE WEBSITE-RELATED-PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some jurisdictions do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.


LIMITATION OF LIABILITY

YOU AGREE THAT NONE OF THE WEBSITE-RELATED-PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, Personal INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR CONTENT ARE EXCLUDED EVEN IF THE WEBSITE-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

The foregoing limitation of liability is not applicable to residents of New Jersey. With respect to residents of New Jersey, the Released Parties are not liable for any damages unless such damages are the result of our negligent or reckless acts or omissions; and the Released Parties are not, in any case, liable for indirect, incidental, special, consequential or punitive damages.

You acknowledge and agree that QualityMetric’s suppliers are third-party beneficiaries of these Terms, with the right to enforce the limitations of warranty and liability set forth herein with respect to the respective technology of such suppliers and QualityMetric.


Governing Law and Statute of Limitations

The laws of the State of Delaware govern these Terms and any cause of action arising under or relating to your use of the website, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with QualityMetric, or in any way relating to your use of this website, is in the state and federal courts in the State of Delaware, U.S.A. You further agree and consent to the exercise of Personal jurisdiction in these courts in connection with any dispute involving QualityMetric or its employees, officers, directors, agents and providers. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.

Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this website, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.


Contact Us

To contact us regarding these Terms or the operation of the website itself, contact us at Contact | QualityMetric.


Additional Terms

Your obligations under the following sections survive termination of this Agreement: Agreement and Terms; portions of License to Use this Website and Content Ownership; Restrictions on Use of this Website; Changes to Website Content; Links; NO WARRANTIES; LIMITATION OF LIABILITY; Governing Law and Statute of Limitations; Additional Terms. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree to defend and indemnify, Website-Related-Parties and their subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or related to your breach of this Agreement or your use or misuse of the Content or website. You may not transfer or assign any rights or obligations under this Agreement. QualityMetric may transfer or assign its rights and obligations under this Agreement.

If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, then the void or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.

Although the Site is accessible worldwide, not all features referenced, provided, or offered through or on the Site are available to all applicationUsers or in all geographic locations, or appropriate or available for use outside the United States. QualityMetric reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any applicationUser or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

We reserve the right, in our sole discretion, to terminate or block your access to all or part of the Site, with or without notice, for any reason or no reason, including without limitation your violation of this Agreement. Upon any termination of the Agreement by either you or QualityMetric, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under these Terms of Use or otherwise.


Effective Date

The Effective Date of these Terms is January 24, 2022.