Effective Date: January 1, 2022
1. DESCRIPTION OF THE APPLICATION
a. Purpose of Rise On
JRI through Program Rise has developed Rise On to provide access to direct care and local resources to members of marginalized communities throughout Massachusetts through the use the Application, a proprietary telehealth platform.
b. Rise On Features for Individuals
Rise On has the following features (the “Services”) for individuals (“Participants”) who are located throughout Massachusetts:
1. Access to direct care where a User can make real-time connection during certain hours with JRI’s Rise On operators made up of unlicensed and licensed JRI personnel such as mental health clinicians, nurses, case managers, and harm reduction coordinators (“Operators”) who will conduct an initial assessment so that they may refer Participants to JRI for services or local health care and social services.
2. Access to direct care where a User, if he or she becomes a JRI client, can obtain telehealth services with JRI providers (collectively with the Operators, the “JRI Providers”).
3. Access to a database of Community Resources and Educational Materials, described below in more detail.
4. Ability to request services such as harm reduction and sexual health resources, including at-home rapid HIV testing, safer sex materials, naloxone and syringe & sharps containers.
c. Not for Emergency Purposes
THE APPLICATION IS NOT INTENDED TO BE USED, NOR SHOULD IT BE USED FOR EMERGENCY PURPOSES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 9-1-1 IMMEDIATELY.
d. Service Limitations
All direct care services that Participants access through the Application are provided by the JRI Providers. Any information or advice received from the JRI Providers comes from the JRI Providers. You should be aware that communication via Rise On has certain limitations and may not be as effective as in person communication or other modes of coordination or collaboration. Please seek alternative forms of communication with important clinical communications if necessary.
The Application is not validating, affirming, providing or issuing medical advice and any communication received or transmitted by you through the Application. Furthermore, JRI is not responsible for your decision to seek or not seek medical care or choice of specific treatment based on your use of the Application. You are ultimately responsible for choosing your particular provider, JRI or otherwise, for direct care services.
You hereby certify that you are physically located in Massachusetts. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that the JRI Providers you access through the Application are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify JRI and the JRI Providers you interact with from any resulting damages, costs, or claims.
e. Consent for Treatment and Patient Confidentiality
JRI respects and upholds patient confidentiality with respect to protected health information consistent with federal and state laws including, the Health Insurance Portability and Accountability Act, as amended, and the implementing regulations (“HIPAA”), Chapters 93H and 93I of the Massachusetts General Laws and the implementing regulations, and 42 CFR Part 2 governing Confidentiality of Alcohol and Drug Abuse Patient Records, as applicable. We will obtain express patient consent prior to sharing any patient-identifiable information to a third party for purposes other than treatment, payment or health care operations or as needed consistent with federal and state laws. When you access certain Services, you may be required to complete a separate informed consents and/or a HIPAA consent.
Data placed in the Application entered in by the User or a Provider will be stored in an encrypted fashion in a User’s record and may be accessible for reference related to its use in the future. Similarly, data entered in the Application should be considered “discoverable” in compliance with applicable law in the event of a patient inquiry. JRI will do whatever reasonably possible to aid in any requests from legal authorities while maintaining patient and provider privacy.
f. Community Resources And Educational Materials
Rise On contains or displays various materials, content and references or links to or from third party community partners that JRI has compiled to be part of Rise On (“Community Resources and Educational Materials”). The display on or through Rise On of such Community Resources and Educational Materials does not in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by us of any third party or any affiliation between JRI and any such third party. Furthermore, in using and accessing Rise On, you agree that we are in no way responsible for the accuracy, timeliness, or completeness of Community Resources and Educational Materials. Our display of specific Community Resources and Educational Materials does not suggest a recommendation by us of the third party or any products, services, websites or plans offered. Your interaction with any Community Resources or Educational Materials accessed through Rise On (whether online or offline) or recommended by a Provider is at your own risk, and we will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such Community Resources or Educational Materials or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third party.
2. ELIGIBILITY AND ACCESS
a. Age Restrictions
Rise On can be accessed by anyone regardless of age; however, direct care services that JRI provides through the Application are limited to those individuals 13 years or older.
b. How to Access Rise On, Rise On Service Area and Limits on Access
The Services available through the Application and the Community Resources and Educational Materials are currently only available for Participants throughout Massachusetts. Subject to these Terms, we reserve the right to deny access to Rise On at our discretion and for any reason, including any breach of the Terms.
3. ACCOUNT INFORMATION AND SECURITY
You are solely responsible for the security of your username and password, and for any use of the Application and/or the Services using your username and password. You should not share your username or password with any third party or allow any third party to access the Application and/or Services using your username and password. You agree to notify us if you have any reason to believe that your username or password has been lost, compromised, or misused in any way. We reserve the right to revoke or deactivate your username and password at any time.
By installing or using Rise On, you agree to receive e-mails from us regarding the Services and third-party service providers as agreed by Participants. Participants may choose not to receive e-mail communications from us by clicking on the “Unsubscribe” link in the e-mails themselves. Additionally, Rise On will send push notifications to your mobile device through services such as Apple’s Push Notification Service for iOS devices and Google’s CD2M and Cloud Messaging for Android devices. The notifications will alert you to important changes regarding our Services, your Rise On account. You can manage these push notifications by clicking on the “My Account” link in Rise On and modifying your preferences.
5. PROHIBITED USES
You shall use Rise On only for lawful purposes and in strict accordance with these Terms. You agree not to use Rise On as follow:
a) In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
b) To impersonate or misrepresent yourself or your affiliation with any person or entity, or to use the Application for the purpose of exploiting, harming or attempting to exploit or harm others, including minors, in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
c) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Rise On, or which, as determined by us, may harm JRI or other Participants of Rise On or expose JRI or other Participants of Rise On to any liability.
d) Use Rise On in any manner that could disable, overburden, damage, or impair Rise On or interfere with any other party’s use of Rise On.
e) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of Rise On.
f) Utilize framing techniques to enclose any trademark, logo, or other proprietary materials belonging to JRI or our community resources without our written consent.
g) Use any device, software or routine that interferes with the proper working of Rise On.
h) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
i) Otherwise attempt to interfere with the proper working of Rise On.
6. INACCURACIES ON THE APPLICATION
A possibility exists that the Application could include inaccuracies or errors and that additions, deletions, and alterations could be made to the Application by unauthorized third-parties. Although we attempt to ensure the integrity of the Application, we make no guarantees as to the completeness, correctness, or accuracy of Application or any of the content on Application. If you believe any portion of the Application includes an error or inaccuracy, please notify us.
7. AVAILABILITY OF THE PLATFORM
It is not possible to operate the Application with 100% guaranteed uptime. We will make reasonable efforts to keep the Application operational. However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of the Application. In addition, we reserve the right at any time, and from time-to-time, to modify or discontinue (on a temporary or permanent basis) certain functions of Rise On, with or without notice. You agree that JRI shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to the Application.
As noted above, the Application is not intended to be used, nor should it be used for emergency purposes. If you are experiencing a medical emergency, call 9-1-1 immediately.
8. RESERVATION OF RIGHTS
You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under these Terms, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under these Terms. JRI reserves and shall retain its entire right, title and interest in and to the Application and the Rise On Materials (defined below), including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
JRI’S proprietary rights in the Application include, but not limited to, the hardware, software, content, text, photographs, visual interfaces, interactive features, information, trademarks, logos, graphics, music, design, artwork, compilation, computer code, products, software, services, structure and “look and feel” of this content and all other elements of Rise On (hereinafter, the foregoing, and specifically excluding any protected health information, shall be referred to as “Rise On Materials”). You may not sell, license, distribute, copy, reproduce, republish, upload, modify, publicly perform or display, encode, translate, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Application or Rise On Materials, without JRI’s express prior written consent. JRI reserves all rights not expressly granted in these Terms. You acknowledge that we will aggressively enforce its intellectual property rights with respect to the Application and/or the Rise On Materials to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.
Notwithstanding the foregoing, you may view, download, print, and copy Rise On Materials for your own personal, informational use, provided that (i) you do not modify the Rise On Materials and (ii) you retain all copyright and propriety notices originally contained in the Rise On Materials on any copies.
9. USER FEEDBACK
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to us with respect to Rise On shall remain the sole and exclusive property of us. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without credit or compensation to you.
10. DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY
Your use of the Application and Services is at your own risk. The Application is provided “as is” without warranties of any kind, either express or implied, including without limitation warranties of title, merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Application, the Services or any Community Resources or Educational Materials linked to or from the Application, or that the functions provided will be uninterrupted, virus-free, or error-free. We expressly disclaim any liability for any errors or omissions in the content included in the Application or any Community Resources or Educational Materials linked to or from the Application. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
In no event will JRI or its directors, officers, affiliates, subcontractors, employees, agents, and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Application, any interruption in availability of the Application, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Application or the data collected through the Application, even if one or more of them has been advised of the possibility of such damages or loss. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, JRI’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree that your sole remedy for any claim arising out of or connected with the Application will be to cease using the Application.
You understand and agree that you are personally responsible for your behavior in connection with the Rise On. You agree to indemnify, defend, and hold harmless JRI and its directors, officers, affiliates, subcontractors, employees, agents, and assigns s from and against all claims, demands, lawsuits, damages, liabilities, losses, costs, or expenses (including, but not limited to, reasonable fees and disbursements of counsel and court costs), judgments, settlements, and penalties of every kind arising from or relating to any violation of these Terms and any activity related to your use of the Application.
12. MODIFICATIONS AND UPDATES
At any time and at our sole discretion, we may add, delete, or modify these Terms or Rise On or any functionality provided through Rise On without liability to you. If we materially modify these terms, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access Rise On through the App or the Portal for the first time after such material changes are made. No modifications to these Terms will apply to any dispute between you and us that arose prior to the date of such modification. Your use of Rise On after modifications to these Terms become effective constitutes your binding acceptance of such changes. If you are dissatisfied with the terms of these Terms, then you agree that your sole and exclusive remedy is to discontinue any use of Rise On.
We may also from time to time provide enhancements or improvements to the features and/or functionality of Rise On, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”). All Updates are subject to the terms and conditions of these Terms. Updates may modify or delete certain features and/or functionalities of the Application. You acknowledge and agree that we have no obligation to (i) provide any Updates; or (ii) continue to provide or enable any particular features and/or functionalities, except as expressly provided in these Terms.
a) Applicable Law and Venue. The Application is intended for use by residents of the United States. We do not intentionally provide access to the Application to individuals located outside the United States. You agree that your access to and use of the Application will be governed by and will be construed in accordance with the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of laws. You agree that any claim or dispute against us arising out of or relating to the Application must first be resolved in accordance with the dispute resolution below then if applicable by a federal district court located in Boston, Massachusetts, unless agreed upon by all parties.
b) Limitation on Time to File Any Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
c) Information Dispute Resolution. We believe you will have a positive experience using the Application and the Services, and we invite you to contact us about any questions or issues you experience. We want to address any concerns you may have about the Application without needing to engage in a formal legal process. Before or filing a lawsuit, you agree to attempt to resolve the dispute informally by e-mailing us at email@example.com. You and JRI agree to work in good faith to settle any dispute, claim, controversy, question, or disagreement directly through consultation and good faith negotiations, which is a prerequisite to either you or JRI initiating a lawsuit.
e) Severability. In the event that any provision of these Terms is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby.
f) Waiver. No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with these Terms.
g) Assignment. You may not assign, by operation of law or otherwise, any rights or delegate any duties under these Terms to any third party, including in connection with a merger or change of control, without prior written consent by us. Any purported assignment lacking such consent will be void at its inception. We may assign all or part of its rights and/or delegate all or part of its duties under these Terms to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on the Application.
h) Force Majeure. Notwithstanding anything herein to the contrary, JRI shall not be liable for any losses arising out of the delay or interruption of its performance of any obligations due to any act of God, act or omission of civil or military authorities of a state or nation, fire, strike, flood, riot, war, act of terrorism, delay of transportation, public health emergency, pandemic or other significant outbreak of disease, or inability due to the aforementioned causes to obtain necessary labor, materials or facilities.
If you have any comments, questions or complaints about the Application, please contact JRI at 160 Gould St # 300, Needham Heights, MA 02494 or firstname.lastname@example.org.