Strive MedTech Provider Portal Terms of Service
Last Update: December 3, 2020
By accessing or using Strive MedTech Provider Portal in any manner, you acknowledge that you have read, and agree to be bound by, these terms of service and intended usage. The Strive Provider Portal is a digital healthcare platform designed to collect phycological, therapeutic and self-reported data from patients and to send education, in app messages, and exercises to patients. Strive also has a telemedicine platform to assist with accessing patients. The Strive Provider Portal is a clinical decision support tool designed for use by healthcare professionals. Any treatment-related decisions should be made by a qualified healthcare professional. If a non-healthcare provider utilizes this software, no changes in treatment should be made without consulting a healthcare provider. The Strive Provider Portal is not designed for patient use. Only a qualified healthcare professional is in a position to make a complete assessment of the patient and to evaluate the relevance of the information provided by Strive. Any adverse outcome connected with the action taken or not taken on the recommendations provided by the Strive’s alert system is the sole responsibility of the user.
The telemedicine portion of the Strive Provider Portal is available for use at the providers discretion. Always refer to state and federal regulations and statutes when performing this type of service. All offerings provided by Strive are meant to be used following appropriate scope of practice per specialty per provider.
The Strive Provider Portal is intended to be a clinical decision support tool for healthcare professionals, focusing on identifying and managing conservative, pre-surgical and post-surgical. It is not intended to cover all possible uses, directions, precautions, or outcomes that may occur in clinical practice. There are many additional clinically relevant considerations unique to each patient that the healthcare provider must take into account before deciding whether to start, continue, modify, or discontinue a treatment plan.
EXCEPT AS EXPRESSLY AUTHORIZED, USER SHALL NOT: USE THE SOFTWARE FOR COMMERCIALLY COMPETITIVE PURPOSES; COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE INCLUDING INFORMATION OR CONTENT RENDERED AND DISPLAYED BY THE SOFTWARE FROM OUR PROPRIETARY DATBASE
WARRANTY LIMITATIONS. TO ALL EXTENTS ALLOWED BY LAW, THE SOFTWARE IS PROVIDED “AS IS”. THE DEVELOPER, STRIVE ORTHOPEDICS, INC., DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, ALL EXPRESSED OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
Service Account Creation and Use.
To create your Portal account (referred to as a "Service Account"), you must provide certain personal information, which you agree will be current and accurate. You agree not to share your password or your Service Account with others.
You will not use the Portal to:
Transmit or display any individually identifiable health information outside the appropriate applications and integrations;
Post, transmit or display any material or information that:
Is false, disparaging, obscene, harassing, or otherwise objectionable
Violates or infringes the intellectual property rights of any party
Contains any malicious code or automated use of the Portal, any component that inhibits any other user's use or enjoyment of the Portal, or disables or disrupts the Portal or any hardware or software connected to the Portal
Contains misleading indications of the origin of any content transmitted to the Portal
Solicits personnel recruitment or constitutes advertising, junk mail or any form of solicitation
Promotes or commits conduct that may violate any law or regulation or result in liability
Use or attempt to use another user's account or password, except as expressly permitted
Solicit or collect personal data about other users, including contact information or names
Disassemble, decompile or reverse engineer any software that is a part of the Portal except to the extent such activity is expressly permitted by applicable law
Third-Party Web Sites.
For your convenience, the Portal contains certain links that will redirect you to web sites operated by other organizations ("Third-Party Web Sites"). Your use of Third-Party Web Sites is strictly at your own risk and Strive does not endorse the material found on such sites.
Changes to this Agreement and Rights to Change or Discontinue the Portal or Your Use.
Strive may change these terms at any time by posting a subsequent version on the Portal. You are responsible for periodically reviewing these terms and to discontinue your Service Account and Portal use if you do not agree to any such changes. Your continued use of the Portal following such changes constitutes your acceptance of the new terms, regardless of whether Strive notified you of the changes.
Subject to the terms of the applicable Account Agreement between you and Strive, you agree that Strive may cease providing the Portal or make any changes to Portal features and functionality at any time and without prior notice to you. You also agree that Strive may terminate your access to the Portal and your Service Account without prior notice to you for any reason that Strive deems appropriate. If at any time you want to stop using Portal, delete your Service Account, and terminate your agreement to these terms, you may do so. Notwithstanding anything herein, or in the Account Agreement, to the contrary, in the event of a breach by you of these terms of service, Strive may terminate your access without notice.
Confidentiality and Intellectual Property Rights.
The information available through the Portal includes confidential information and trade secrets of Strive. You agree not to disclose or use such confidential information other than as appropriate in connection with your organization's proper use of licensed Strive software for its intended purpose.
Except for any non-Strive information you provide when creating and using your Service Account, Strive owns the content and all software contained in or underlying the Portal. The Strive-owned content and software is protected by U.S. and international copyright law and conventions and other laws protecting intellectual property.
If you believe that any material or information on the Portal is an unauthorized replication of your proprietary work or otherwise infringes your intellectual property rights, please provide Strive notice containing the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
A description of the copyrighted work or other intellectual property that you claim has been infringed
A description of where the material that you claim is infringing is located on the Portal site
Your address, telephone number, and email address
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Strive's Contact for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Strive MedTech Chief Compliance Officer, 1025 Lombardi Ave, STE 210, Green Bay, WI 54304
By email: email@example.com Title: Copyright/IP Inquiry
Strive respects the intellectual property of others, and we ask our users of the Portal to do the same. Strive may at its discretion limit, disable and/or terminate the access of any Portal users who may be infringing the intellectual property rights of others.
Strive provides the Portal to you free of charge and for your convenience. THE PORTAL AND THE CONTENT, MATERIALS AND INFORMATION AVAILABLE ON THE PORTAL ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. STRIVE SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES. Although Strive uses data integrity and secure Internet connection technology that are generally regarded to be reliable, you acknowledge that no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. The transfer of data and information over the Internet using the Portal is beyond the control of Strive. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE PORTAL, INCLUDING WITHOUT LIMITATION ANY SUCH OCCURRENCE THAT MIGHT RESULT FROM VIRUSES, MALWARE, SPYWARE OR OTHER MALICIOUS SOFTWARE WHETHER SUCH MALICIOUS SOFTWARE RESIDES ON YOUR COMPUTER OR THE PORTAL.
Limitation of Strive's Liability.
EXCEPT AS EXPRESSLY PROVIDED BELOW, STRIVE WILL NOT BE LIABLE TO YOU FOR ANY LOSS (TANGIBLE OR INTANGIBLE) OR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO STRIVE'S OPERATION OF THE PORTAL OR YOUR USE OF THE PORTAL. UNDER NO CIRCUMSTANCES SHALL STRIVE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF HOW THE DAMAGES ARE INCURRED OR THE THEORY OF LIABILITY, INCLUDING CLAIMS BASED UPON ALLEGED NEGLIGENCE BY STRIVE. THE LIMITATIONS ON STRIVE'S LIABILITY APPLY REGARDLESS OF WHETHER STRIVE HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY THAT SUCH LOSSES OR DAMAGES MAY OCCUR.
Your Account Agreement with Strive limits any damages you may claim against Strive. If no such damages limitation shall be in place between you and Strive for whatever reason, the only damages recoverable by you under this agreement are direct damages up to the amount of money you have paid Strive for Portal use in the 12 months preceding the event giving rise to direct damages, excluding the fee of hardware in the form of Strive’s Sensor Technology and the telemedicine component of the Portal. The limitations on Strive's liability in this agreement apply even if the remedy available to you fails of its essential purpose or does not fully compensate you for any losses.
If any provision in this agreement limiting Strive's potential liability is determined to be unenforceable by a court or other authority with jurisdiction to decide the matter, such determination shall not preclude the application of other, enforceable limits that would preclude or limit the same liability, and to the extent any liability against Strive might exist because of such a determination, that liability shall be capped at the lesser of: (i) $100 in total or (ii) the actual amount of the damages determined to be recoverable.
Indemnification of Strive by You.
You agree to defend, indemnify and hold Strive harmless from any third-party claims arising out of or related to your use of the Portal.
Governing Law and Jurisdiction.
This agreement shall be governed by and construed under the laws of the State of Wisconsin, without regard to that State's conflict of laws principles. You agree that the state and federal courts located in Brown County, Wisconsin shall have exclusive jurisdiction over any claim or action under this agreement or related in any way to Strive's operation or your use of the Portal, and you agree to submit to the personal jurisdiction of such courts. Notwithstanding the foregoing, you agree that Strive may seek injunctive remedies (or equivalent legal relief) against you in any jurisdiction with regard to any breach by you of the terms of this agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement or your use of the Portal.
Survival of Terms and Severability.
If Strive chooses to discontinue the Portal or your use thereof, or you choose to discontinue your use of the Portal and delete your Service Account, then this agreement and your right to use the Portal terminate. All provisions of this agreement are intended to apply to the maximum extent permitted by law. If any provision (or part thereof) is held to be invalid or unenforceable by any proper court or authority, then such provision (or part) will be deemed removed from the agreement, but all other terms and conditions will remain in full force and effect. You agree that any provision (or part) so removed shall be replaced with a provision designed to achieve a result as near as possible to that of the provision (or part) so removed to the maximum extent permitted by law.
This agreement constitutes the entire agreement between you and Strive regarding the Portal and supersedes all prior agreements, representations or understandings respecting the Portal. Notwithstanding the previous sentence, if you are, or are employed by, a person or entity other than an organization that has licensed Strive's software, this agreement does not supersede any prior written agreements respecting the Portal (including electronic agreements), but instead supplements any such prior written agreements which continue in full force an effect (and to the extent there is a conflict between this agreement and such prior written agreement, the terms of the prior written agreement will control). Nobody, including any representative of Strive, is authorized to make any changes or modifications to the terms of this agreement other than changes that are instituted through the authorized posting of subsequent versions of this agreement on the Portal. You are not entitled to act or rely on any representations to the contrary. A failure by Strive to enforce any provision of this agreement, or a waiver by Strive of any breach of this agreement, shall not act as a bar to subsequent enforcement of such provision or be deemed a waiver of any subsequent breach.