Laso
Health Acceptable
Use Policy
Effective Date: January 27, 2020
Last
Updated
Date: September 6, 2023
This Acceptable Use Policy (“AUP”) is incorporated by reference into Laso Health, LLC’s (“Laso Health,” “we,” or “us”) Customer Terms of Use and Healthcare Provider Terms of Use (collectively “Terms of Use”) and governs your use of the App, Site and Services (as such terms are defined in the Terms of Use). Any capitalized term used but not defined in this AUP shall have the meaning in our Terms of Use. BY USING OR OTHERWISE ACCESSING THE APP, SITE AND/OR SERVICES, AND/OR BY CREATING AN ACCOUNT WITH US, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AUP, UNDERSTAND ITS TERMS, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THIS AUP, YOU ARE NOT PERMITTED TO USE OR ACCESS THE APP, SITE AND/OR SERVICES IN ANY WAY.
1. RESTRICTED USES
You agree not to use the Laso Health App, Site and/or Services for any purpose other than that for which we make the Site and/or Services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As an end user of the App, Site and/or Services, you agree not to use the App, Site and/or Services for any unlawful, infringing, tortious or harmful purpose, or in any way that violates another party’s intellectual property, privacy or other rights; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property.
Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
•
systematically
retrieve data or other content from the App or Site to create or compile,
directly or indirectly, a collection, compilation, database,
or directory
without
written permission
from us;
•
store personal or sensitive
information, including
without limitation,
any information protected by applicable federal and state privacy laws,
including but not limited to “Protected Health Information” as defined under the
U.S. Health Insurance Portability and Accountability Act (“HIPAA”); make any
unauthorized use of the App or Site, including
collecting usernames and/or email addresses of users by
electronic or
other means
for the
purpose
of sending
unsolicited email,
or creating
user accounts
by automated
means or
under false
pretenses;
•
circumvent, disable,
or otherwise
interfere
with security-related
features
of the App or Site, including features
that prevent or
restrict the use or copying of any
Content or enforce limitations on the use of the App, Site and/or Services and
the Content
contained therein;
•
engage
in
unauthorized
framing
of
or
linking
to
the
Site;
•
trick, defraud,
or mislead us and other
users, especially
in any attempt
to learn
sensitive
account information
such as user passwords;
•
make
improper use of
our support
services or submit false reports of abuse or
misconduct;
•
engage in
any
automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots,
or similar
data gathering
and extraction
tools;
•
interfere
with,
disrupt, or create an undue burden on the App or Site or the networks or
services connected to the App or Site;
•
attempt to impersonate another
user or
person
or use the username of another user;
•
book
appointments or
submit Posted
Information by
automated means
or under false or fraudulent pretenses
•
sell
or otherwise
transfer
your profile;
•
use
any information
obtained
from the App or Site in order to harass,
abuse, or
harm another person;
•
use the App or Site as part of any effort to compete
with us or otherwise use the App or Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
•
decipher,
decompile,
disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the
App or
Site.
•
attempt
to bypass any
measures of the App or Site designed
to prevent or restrict access to the App or Site,
or any
portion of the App or Site.
•
harass,
annoy,
intimidate, or threaten any of our employees or agents engaged in providing any
portion of the App or Site to you.
•
delete
the
copyright
or
other proprietary
rights
notice from
any Content.
•
copy
or adapt the Site’s software,
including but not limited to
Flash,
PHP, HTML, JavaScript,
or other
code.
•
upload or
transmit
(or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s
uninterrupted use
and enjoyment
of the Site or modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Site.
•
upload
or
transmit
(or
attempt
to
upload
or
to
transmit)
any
material
that
acts
as
a
passive
or
active
information
collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes
referred
to as
“spyware” or
“passive
collection mechanisms”
or “pcms”).
•
except as
may be the
result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated
system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the
Site, or
using
or launching
any unauthorized
script
or other
software.
•
disparage, tarnish, or otherwise harm, in our opinion, us and/or the App or Site.
•
access or use the Site in a manner inconsistent with any applicable laws or regulations.
•
decompile, reverse engineer, disassemble, attempt to derive
the source
code of, or decrypt the App.
•
make
any modification,
adaptation, improvement,
enhancement, translation, or derivative work from the App.
•
remove, alter,
or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App.
•
use the App for any revenue generating endeavor,
commercial enterprise,
or other purpose for which it is not designed or intended.
•
make the App available
over a network or other environment permitting
access or use by multiple
devices or
users at the same time.
•
use the App for creating a product, service,
or software
that is,
directly
or indirectly,
competitive with
or in any way a substitute for the App.
•
use the
App to send automated
queries to any
website
or to send any
unsolicited commercial
e-mail.
•
use any
proprietary
information or any of our interfaces or our other intellectual property in the
design, development, manufacture,
licensing, or
distribution of
any applications,
accessories, or
devices
for use with the App;
•
use any
robot,
spider, site search/retrieval application, or other automated device, process
or means to access, retrieve or index any portion of the App, Site and/or
the Services;
•
reformat
or frame
any Content or portion of the web pages that are part of the Site and/or the
Services; fraudulently or intentionally misuse the App, Site and/or Services, including
without limitation
scheduling
an appointment with a Healthcare Provider which
you do not
intend to keep, or scheduling an appointment for Designated Provider Services
which you do not intend
to pay using the Transaction Processing
Services;
•
use any means, including
software means,
to conduct web scraping of any portion
of the
App, Site,
its content or materials and/or the Services.
2.
Zero Tolerance Spam Policy
You may not use the App, Site and/or Services to send spam or bulk unsolicited messages. Laso Health maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 or other laws or regulations relating to email marketing (“SPAM”).
•
“Safe
lists,”
purchased lists, and selling of lists will be treated as SPAM. We may terminate
the account of any User who sends out SPAM with or without
notice.
•
Websites
advertised
via SPAM (i.e. Spamvertised)
may not be hosted on our servers. This provision includes, but is not
limited to, SPAM sent via fax, phone,
postal mail, email, instant messaging, or usenet/newsgroups.
No organization or entity
listed
in the
ROKSO may
use our
App, Site
and/or Services.
Any User
account
which results
in our IP space being
blacklisted will
be immediately
suspended
and/or terminated.
•
Please
familiarize
yourself
with
the
CAN-SPAM
Act. Information about the CAN-SPAM
Act may be found by accessing the following link:
https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business.
3. USER CONTENT
◦
User
Contributions
Pursuant to the Terms of Use, you may submit feedback, submit inquiries and participate in the other interactive and community features of the Site, which shall be considered Posted Information and or Contributions (collectively “User Contributions”). In providing feedback, please give clear, honest information about the Healthcare Provider and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in interactive or community aspects of the Service, please do not post any information that another user or Healthcare Provider may use to individually identify you, but please do include all relevant information in a concise manner to help us provide you with a helpful response.
We reserve the right to publish User Contributions as part of the Services and to also remove User Contributions for any reason. We are not, however, responsible for any failure or delay in posting or removing User Contributions.
Without limiting the generality of the foregoing:
You acknowledge and agree that User Contributions shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these User Contributions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such User Contributions, and you hereby warrant that any such User Contributions are original with you or that you have the right to submit such User Contributions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your User Contributions.
When you create or make available any User Contributions, you thereby represent and warrant that:
•
the
creation,
distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your User
Contributions do not and will not infringe the proprietary rights, including
but not limited to the copyright, patent, trademark, trade secret, or moral rights
of any
third party.
•
you are the creator
and owner
of or have the necessary licenses, rights, consents,
releases, and
permissions to
use and to authorize
us, the
Site, and
other
users of
the Site to use your User Contributions in any manner
contemplated by
the Site
and these
Terms of
Use.
•
you have
the written
consent, release, and/or permission of each and every
identifiable individual person in your User Contributions to use the name or likeness of each and every such identifiable individual person to enable
inclusion and
use of your User Contributions in any manner
contemplated by
the Site
and these
Terms of
Use.
•
your
User Contributions
are not
false, deceptive,
inaccurate, or
misleading.
•
your
User Contributions are not unsolicited or unauthorized advertising,
promotional materials,
pyramid
schemes, chain
letters,
spam, mass
mailings,
or other
forms
of solicitation.
•
your
User Contributions are not obscene,
lewd, lascivious,
violent,
harassing, libelous,
slanderous, or
otherwise objectionable
(as determined
by us).
•
your
User
Contributions do
not ridicule,
mock, disparage,
intimidate, or
abuse anyone.
•
your
User Contributions do not advocate
the violent
overthrow
of any
government or
incite,
encourage, or
threaten
physical harm
against
another.
•
your
User Contributions
do not
violate
any applicable
law, regulation,
or rule.
•
your
User
Contributions
do
not violate
antitrust, competition, or consumer
protection laws.
•
your
User
Contributions do
not violate
the privacy
or publicity
rights of
any third
party.
•
your
User
Contributions
do
not
contain
any
material
that
solicits
personal
information
from anyone under the age of 18 or exploits people
under the
age of 18 in a sexual or violent
manner.
•
your
User
Contributions do not violate any federal or state law concerning child
pornography (any such content will be suspended
immediately without notice and reported to law enforcement or the National
Center for Missing and Exploited Children), or content that is potentially
harmful to
minors;
•
your
User
Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
•
your User
Contributions do not otherwise violate, or link to
material that violates, any provision of these Terms of Use, or
any applicable
law or
regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
◦
User Contribution
License
By posting your User Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully- paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such User Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your User Contributions, and you warrant that moral rights have not otherwise been asserted in your User Contributions.
We are not liable for any statements or representations in your User Contributions provided by you in any area on the Site. You are solely responsible for your User Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any User Contributions; (2) to re-categorize any User Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any User Contributions at any time and for any reason, without notice. We have no obligation to monitor your User Contributions.
4. COPYRIGHT ISSUES
◦
Laso Health
Policy.
Our policy is to (a) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or other users; and (b) remove and discontinue Service to repeat offenders.
◦
Procedure for Reporting Copyright
Infringements.
If you believe that material or content residing on or accessible through the App, Site and/or the Services infringes a copyright, please send a notice of copyright infringement to Laso Health at the contact information listed below:
Laso Health, LLC
215 N. San Saba Ste 301
San Antonio, Texas 78207 Phone: (866) 527-6757
Fax: (210) 468-8001
Email to: Support@LASOhealth.com
Once an infringement notification is received by Laso Health, Laso Health may (i) remove or disable access to the infringing material; (ii) notify the content provider, member or user that it has removed or disabled access to the material; and (iii) for repeat offenders, terminate such content provider’s, member’s or user’s access to the Site and/or Service.
5. UPDATES AND CHANGES TO THE ACCEPTABLE USE POLICY
We may change this AUP at any time, as we deem appropriate. Upon any such change, we will post the amended AUP on the Site; we may also attempt to notify you in some other way. Your continued use of the App, Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the AUP, the modification, and agreement to abide and be bound by the AUP, as amended. We encourage you to periodically review this AUP. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THIS AUP, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, THEN YOU MUST STOP USING THE APP, SITE AND THE SERVICES.
6. ENFORCEMENT
Your Services may be suspended or terminated with or without
notice upon
any violation
of this
AUP. Any
violations may result in the immediate
suspension or
termination of
your account.
We reserve
the right to disable or remove any content
which is prohibited by this AUP, including to prevent harm to us, others or to the App, Site and/or Services,
as determined in Laso Health’s
sole discretion. Violations will be reported to law enforcement as determined
by Laso Health in its sole discretion. A failure to respond to an email
from our
abuse team
within
forty-eight (48)
hours,
or as otherwise
specified in the communication to you, may result in
the suspension or termination of your Services. Services posted on
the App and Site are governed by U.S. law.
Laso Health is not the publisher of user generated content and we are not in a position
to investigate
the veracity
of individual
defamation claims.
Rather, we
rely on the legal system and courts to determine whether
or not
material
is defamatory.
In any
case in
which a
court
of competent
jurisdiction, as determined in our sole
discretion, orders material to be removed, we will disable access to such
material. Notwithstanding the foregoing,
Site and Service users are responsible for using the Services in compliance
with applicable laws in their jurisdiction, including without limitation, any laws relating to defamation, unsolicited emails,
spamming, privacy, obscenity, and intellectual property infringement. We
reserve the right to take local legal considerations
into account and to respond accordingly in our sole discretion. Enforcement of
this AUP is at Laso Health’s
sole discretion.
7.
Reporting Violations of this AUP.
To report a violation of Laso Health’s AUP, please email Support@LASOhealth.com
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