TERMS OF USE

Overview

The COVID SKIN MANIFESTATION CAMPAIGN REGISTRY is made available to health care providers operating solely in the United States for the purpose allowing COVID SKIN MANIFESTATION CAMPAIGN REGISTRY to collect, analyze, study, and utilize the information, photographs and data you provide (“User Submissions”) through a website portal managed by AMT (the “Registry”). The Registry is to be used solely for the collection of de-identified information, meaning information that does not identify an individual and to which there is no reasonable basis to believe that the information can be used to identify an individual.

Acceptance of the Terms of Use

These terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”) govern your access to and use of the Registry. Please read the Terms of Use carefully before you start to use the Registry.

By clicking to accept or agree to the Terms of Use when this option if made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Registry.

This Registry is offered and available to users who are 18 years of age or older, who reside in the United States, and who have authority to act on behalf of the health care provider operating solely in the United States from whom information is provided. By using this Registry, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use this Registry.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Registry thereafter.

Your continued use of the Registry following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Registry so you are aware of any changes, as they are binding on you.

Prohibited Uses

You may use this Registry only for lawful purposes in accordance with these Terms of Use. You agree not to use this Registry:

  • In any way that violates any applicable federal, state, local, or international law or regulation, including but not limited to the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”) and the California Consumer Privacy Act of 2018, as amended (“CCPA”)
  • To send, knowingly receive, upload, download, sue, or re-use any material that does not comply with the Content Standards (note: insert hyperlink) set out in these Terms of Use.

User Contributions

This Registry contains interactive features that allow users to post, submit, publish, display, or transmit (hereinafter “post”) content or materials (collectively, “User Contributions”).

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Registry, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, including but not limited to commercial purposes. Without limiting the foregoing, it is expressly agreed and understood that AMT intends to utilize User Contributions to study, analyze, and publish data, information and images collected from Registry users, whether individually or in the aggregate.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.
  • All the information you provide on the Registry is correct, current and complete.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other users of the Registry.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post or otherwise utilize any User Contribution for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that the material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action for any unauthorized use of the Registry.
  • Terminate or suspend your access to all or part of the Registry for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Registry. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCMENT AUTHORITIES.

Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property right or other rights of any other person.
  • Violate the legal rights (including the rights of privacy) of others or contain any material that could give rise to civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy (note: insert hyperlink).
  • Be likely to deceive any person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Include any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household (“Personal Information”), or which otherwise qualifies a “personal information” or “sensitive personal information”, as such terms are defined under the California Consumer Privacy Act of 2018 (CA Civil Code §§1798.100 – 1798.199), as amended.
  • Include any “Individually Identifiable Health Information”, as such term is defined under 45 CFR §160.103.
  • Include any “Health Information”, as such term is defined under 45 CFR §160.103, of an individual unless such information is de-identified in accordance with the standards set forth in 45 CFR §164.514(b)(2). Such requirements include, but are not limited to removal of all of the following identifiers of an individual, or of relatives, employers, or household members of an individual:
  • Names
  • All geographic subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes
  • All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, date of death
  • Telephone numbers
  • Fax numbers
  • Electronic mail addresses
  • Social security numbers
  • Medical record numbers
  • Health plan beneficiary numbers
  • Account numbers
  • Certificate/license numbers
  • Vehicle identifiers and serial numbers, including license plate numbers
  • Device identifiers and serial numbers
  • Web Universal Resource Locators (URLs)
  • Internet Protocol (IP) address numbers
  • Biometric identifiers, including finger and voice prints
  • Full face photographic images and any comparable images; and
  • Any other unique identifying number, characteristic, or code

Record IDs

The Registry may permit the submission of a “Record ID” as a User Contribution. If you elect to submit information in response to this prompt, you are strictly prohibited from:

  • Using any medical record number, social security number, health plan beneficiary number, account number of an individual (in part or in whole) as the Record ID. Record IDs must not be capable of being identified with any individual, or of relatives, employers, or household members of an individual, whether by AMT or by any third party.
  • Sharing with AMT, directly or indirectly, any information or other means which could allow for re-identification of an individual whose information was assigned a Record ID number at any time.
  • Maintaining any assigned Record ID within any Electronic Medical Records (“EMR”) software or system to which AMT may have access pursuant to any agreement between you and AMT or otherwise.

Geographic Restrictions

AMT, being the owner of this Registry, is based in the United States. We provide this Registry for use only by health care providers located in the United States. Access to or use of the Registry may not be legal by certain persons or in certain countries. If you access or utilize the Registry from outside of the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that Registry will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Registry for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSE BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE REGISTRY.

YOUR USE OF THE REGISTRY IS AT YOUR OWN RISK. THE REGISTRY IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AMT NOR ANY PERSON ASSOCIATED WITH AMT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE REGISTRY. WITHOUT LIMITING THE FOREGOING, NEITHER AMT NOR ANYONE ASSOCIATED WITH AMT REPRESENTS THAT THE REGISTRY WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR REGISTRY OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE REGISTRY WILL OTHERWISE MEET YOUR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, AMT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AMT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICES PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE REGISTRY.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless AMT, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Registry, including but not limited to your User Contributions.

Governing Law and Jurisdiction

All matters relating to the Registry and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California 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 Registry shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Orange. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At AMT’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Registry, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of Judicate West applying California law.

Limitation on 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 REGISTRY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by AMT of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other terms or condition, and any failure of AMT to assert a right or provision under these Terms of Condition shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Registry and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Registry.