Terms of Service

TERMS OF SERVICE

Last Updated: February 8, 2021

Welcome to CLEARED4. Please read these Terms of Service carefully before using the services offered by Chelsea Health Solutions, LLC (“CLEARED4”, “us”, “we”).

These Terms of Service (this “Agreement”) sets forth the terms and conditions of our relationship and govern your use of the website and the services, features, content, and applications offered by CLEARED4 and any other services provided by CLEARED4 (collectively, the “Services”). By accessing or using the Services you agree to be bound by the terms of this Agreement, which also incorporate CLEARED4’s Privacy Policy.

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL REQUIRE YOU TO SUBMIT ANY CLAIMS YOU MAY HAVE AGAINST CLEARED4 TO BINDING AND FINAL ARBITRATION. IN ADDITION, UNDER THE ARBITRATION PROVISION, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST CLEARED4 ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE SECTION REGARDING ARBITRATION.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. If you are not eligible, or do not agree to this Agreement, then you do not have our permission to use the Services.

The Relationship Between you, CLEARED4, and Client

  1. As used in this Agreement, “Client” means the company or other third party that has an agreement with CLEARED4 to provide the Services and requested you be provided access to or use the Services through the Client’s account. The agreement between Client and CLEARED4 is hereinafter referred to as the “Client Contract”.

  2. The Client Contract sets forth the terms applicable to CLEARED4’s delivery of the Services to Client, which allows Client to invite authorized users to join its account on the Services. When you or another authorized user invited by Client submits content or information to the Services, or authorizes content or information to be submitted to the Services by a Third Party Service (defined below), including but not limited to your name, mobile phone number, potential symptoms of COVID-19, whether you have taken a COVID-19 test, and whether you have been vaccinated against COVID-19 (“Client Data”), you acknowledge and agree that the Client Data is owned by Client and the Client Contract provides Client with many choices and control over that Client Data, including whether such Client Data is retained or permanently deleted, and these choices and instructions may result in the access, use, or deletion of some or all Client Data.

  3. This Agreement will remain in effect until Client terminates its subscription for you, the Client Contract is terminated or expires, or your access to the Services has been terminated by us, for any reason.

  4. CLEARED4 will notify you upon making any changes to this Agreement. If you continue to use the Services after being notified of any changes, your continued use will mean that you have accepted those changes to this Agreement. If you do not accept updated versions of this Agreement or the Services, CLEARED4 shall not bear any responsibility or liability for your decision.

  5. AS BETWEEN CLEARED4 AND CLIENT, YOU AGREE THAT IT IS SOLELY CLIENT’S RESPONSIBILITY TO (A) INFORM YOU AND ANY OTHER AUTHORIZED USERS OF ANY RELEVANT CLIENT POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF CLIENT DATA OR YOUR USE OF THE SERVICES; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY AUTHORIZED USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CLIENT DATA AND THE OPERATION OF THE SERVICES; AND (C) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU RELATING TO OR BASED ON THE CLIENT DATA, THE SERVICES, YOUR EMPLOYMENT (IF APPLICABLE), OR CLIENT’S FAILURE TO FULFILL THESE OBLIGATIONS.

Who Owns What and How You Can Use It

  1. The Services are the property of CLEARED4 and are protected under applicable copyright law, trademark law and other proprietary rights. You may not copy, redistribute, use, or publish any part of the Services, except as allowed by this Agreement and the Client Contract.

  2. CLEARED4 grants you a limited license to access and use the Services. CLEARED4 does not grant you the right to download (other than page caching) or modify the Services, or any portion of the Services.

  3. You agree that CLEARED4, CLEARED4.ORG, Safely Reopening Our World, the CLEARED4 logo, and the CLEARED4 graphics, logos, page headers, button icons, scripts, and service names are the trademarks or trade dress of CLEARED4 or its affiliates, and you will gain no ownership rights therein.

Some portions of the Services rely on Third Party Services

  1. You acknowledge that the Services interoperate with several third-party sites and services, including not limited to Jumio, HumanAPI, and other third-party services (collectively, the “Third Party Services”), and that some of the Services provided are dependent on the availability of such Third Party Services. If at any time any Third Party Services cease to provide availability to CLEARED4, CLEARED4 may cease to provide such features to you without entitling you any compensation.

  2. In order to use the features of the Services related to the Third Party Services, you may be required to register for an account with such Third Party Service, provide certain personal information to such Third Party Service, or connect another third party service account to such Third Party Service.

  3. You understand and agree that such Third Party Services will share certain information with CLEARED4 for the purpose of providing the Services to you, including but not limited to for the purpose of verifying your identity and whether you have had a COVID-19 test recently and if yes, whether the result was positive or negative. You further understand and agree that CLEARED4 will share some of this information with its Client for the purposes of authorizing you to work, go to school, enjoy an event, or for other purposes communicated to you by the Client.

  4. You understand and agree that CLEARED4 is not responsible for, and does not control, Third Party Services. You also understand and agree that CLEARED4 is not responsible for the availability of such Third Party Services, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Services.

  5. You acknowledge and agree that CLEARED4 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Services, including but not limited to in connection any Third Party Service security breach.

You May Opt Out of Certain Communications

  1. If Client provides your mobile phone number to us, you will receive an SMS text message with a hyperlink to access the Services on a periodic basis, which may be daily. To opt out from our SMS text messages, you can reply to the text with STOP and you will no longer receive SMS text messages from us until you opt back in. Text message and data rates may apply.

  2. If Client has not provided us with your mobile phone number or you have opted out of SMS text messages, you agree that we may send you an email to the email address provided by you or Client with a hyperlink to access the SMS instead. You may not opt out of these email communications because they are required to provide the Services.

What Laws and Rules You Are Responsible for Following

  1. You are responsible for all of your activity in connection with the Services and agree not to use the Services for any purpose that is prohibited by this Agreement.

  2. By creating a CLEARED4 user account, you represent and warrant that: (a) you are eligible for an account as set forth in this Agreement; and (b) the information you include as part of the registration process and thereafter is accurate and not misleading. User accounts may be obtained and used only by persons who are at least eighteen (18) years old. The Services are not intended for use by children, especially those under age 13. Any use of or access of the Services by anyone under 18 is unauthorized, as is any account registration by anyone under 18.

  3. You understand and agree that: (a) that you are entirely responsible for maintaining the confidentiality of your password and username and any other security information related to your account; (b) you will be fully responsible for all activities that occur under your account, username and/or password; (c) you will not allow someone who is not you to use your account, username or password of at any time; and (d) you will immediately notify CLEARED4 of any unauthorized use of your password or your username.

  4. You further understand and agree that: (a) you are responsible for your own medical diagnosis, care, treatment, and oversight: (b) all of the content provided on the Services is for informational purposes only, DOES NOT CONSTITUTE THE PROVIDING OF MEDICAL ADVICE, and is not intended to be a substitute for independent professional medical judgment, advice, diagnosis, or treatment; (c) you should always seek the advice of your physician or other qualified health provider with any questions or concerns you may have regarding your health; (d) you should never disregard or delay seeking medical advice relating to treatment or standard of care because of information contained in or transmitted through the Services; and (e) medical information changes constantly, and therefore the information on the Services should not be considered current, complete or exhaustive, nor should your rely on such information to diagnose yourself or any other individual.
     

Restrictions on Use

We do our best to keep the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments.

  1. You agree that you will not: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code or interface protocols of the Service; (b) modify, adapt, or translate the Services; (c) reproduce, resell, distribute, or sublicense the Services; (d) make the Application or the Services available on a “service bureau” basis, or otherwise allow any third party to use or access the Services other than as authorized by this Agreement or the Client Contract; (e) remove or modify any proprietary markings or restrictive legends placed on the Services; (f) introduce into the Application or the Services any software, virus, worm, “back door,” Trojan Horse, or similar harmful code; (g) use manual or automated software, devices, or other processes to “crawl” or “spider” any portion of the Services; (h) harvest or scrape any content or materials from the Services, other than the authorized exportation of Client Data; (i) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of CLEARED4 and our affiliates without express written consent; or (j) knowingly transmit false or misleading information through the Services.

  2. You further agree that you will not use the Services in any manner that: (a) infringes (or results in the infringement of) CLEARED4 or any third party’s intellectual property or other rights; (b) is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; or (c) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc.

CLEARED4 liability is limited

  1. CLEARED4 is not responsible to you for any Client Data, Third Party Services, or any other content within the Services, whether caused by CLEARED4, Third Party Services, other third parties or by any of the equipment or programming associated with or utilized in the Services.

  2. CLEARED4 assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of communications.

  3. CLEARED4 is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Services, including injury or damage to any other person’s computer and/or mobile device.

  4. Neither CLEARED4 nor any of its affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Services, whether online or offline.

General Disclaimer and Limitation of Liability

WE TRY TO KEEP THE SERVICES UP, BUG-FREE AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, COMPATIBILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES OR ANY INFORMATION OR CONTENT CONTAINED THEREIN AND COMPANY FURTHER DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY DATA WILL BE ACCURATE OR RELIABLE; (D) ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) THE SERVERS, NETWORKS, AND OTHER SYSTEMS THAT MAKE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FEATURES. THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, AND OTHER SERVICES. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY THE COMPANY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU AND ALL OTHER USERS OF THE SERVICES ARE RESPONSIBLE FOR THEIR OWN MEDICAL CARE, TREATMENT, AND OVERSIGHT. ALL OF THE CONTENT PROVIDED ON THE SERVICES, INCLUDING ANY TEXT, TREATMENTS, DOSAGES, OUTCOMES, CHARTS, PROFILES, GRAPHICS, PHOTOGRAPHS, IMAGES, ADVICE, MESSAGES, AND FORUM POSTINGS, ARE FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE THE PROVIDING OF MEDICAL ADVICE AND IS NOT INTENDED TO BE A SUBSTITUTE FOR INDEPENDENT PROFESSIONAL MEDICAL JUDGMENT, ADVICE, DIAGNOSIS, OR TREATMENT. THE CONTENT PROVIDED ON THE SERVICES IS NOT INTENDED TO ESTABLISH A STANDARD OF CARE TO BE FOLLOWED BY A USER OF THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR HEALTH. YOU ALSO UNDERSTAND AND ACKNOWLEDGE THAT YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE RELATING TO TREATMENT OR STANDARD OF CARE BECAUSE OF INFORMATION CONTAINED IN OR TRANSMITTED THROUGH THE SERVICES. MEDICAL INFORMATION CHANGES CONSTANTLY. THEREFORE, THE INFORMATION ON THE SERVICES SHOULD NOT BE CONSIDERED CURRENT, COMPLETE OR EXHAUSTIVE, NOR SHOULD YOU RELY ON SUCH INFORMATION TO RECOMMEND A COURSE OF TREATMENT FOR YOU OR ANY OTHER INDIVIDUAL. RELIANCE ON ANY INFORMATION PROVIDED ON THE SERVICES IS SOLELY AT YOUR OWN RISK. CLEARED4 DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PRODUCTS, PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE PROVIDED ON THE SERVICES.

IN NO EVENT WILL CLEARED4 OR ITS MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, LICENSEES, OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, CONTENT, CLIENT DATA, OR THE SERVICES. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. CLEARED4’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100 IN THE AGGREGATE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Disputes and Arbitration

1.   You and CLEARED4 agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

2.   You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Services.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CLEARED4 ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

3.   You agree any arbitration shall take place in New York County in the State of New York and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

Other Terms

  1. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

  2. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

  3. You may not assign any of your rights or delegate your obligations under this Agreement, whether by operation of law or otherwise, without our prior written consent. CLEARED4 may assign its rights under this Agreement without condition.

  4. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. To the extent there is any conflict or inconsistency between the provisions in this Agreement and the Client Contract, the terms of the Client Contract will prevail.

  5. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.
     

Access, correction or deletion requests can be made as follows:

Email: info@cleared4work.com

Mail: Cleared4 Inc., 670 Montauk Highway, #115, Water Mill, NY 11976