Last update: April 3rd, 2022
Grapefruit Health, Inc. and its affiliates ("Grapefruit Health," "we" or "us") provide online services and technology, including the Grapefruit Health website (the “Website”), widgets, computer programs and applications developed and/or hosted by or on behalf of Grapefruit Health (collectively, the "Grapefruit Health Services") intended to reach more patients by working with clinical students. For example, an independent student nurse (“Student Patient Partner”) may contact you by phone for screening or other purposes, as directed by a health care provider or client.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND GRAPEFRUIT HEALTH, INC. AND GOVERNS YOUR USE OF THE GRAPEFRUIT HEALTH SERVICES. If you are outside the United States, you may not use or access the Grapefruit Health Services.
You agree and consent to allow Grapefruit Health to communicate with you electronically regarding the Grapefruit Health Services.
Subject to your compliance with the Terms, Grapefruit Health hereby grants you a limited, non-exclusive, revocable license to access and use the Grapefruit Health Services as set forth herein.
Changes to the Terms and Grapefruit Health Services
We may make changes to these Terms from time to time. A link to the most current Terms will be available on the Grapefruit Health home page and we will indicate the date of the "Latest Update" at the top of the Terms. We may also place a special notice on the Grapefruit Health Services or communicate significant changes by email. By continuing to use the Grapefruit Health Services after we post such changes, you are agreeing to any such changes. You are responsible for being aware of changes and so we recommend you check these Terms periodically.
Grapefruit Health may change or discontinue, temporarily or permanently, any feature or component of the Grapefruit Health Services at any time without further notice. In addition, we may, without notice, terminate individual accounts that have been inactive for more than 30 days, but have no obligation to do so. You agree that Grapefruit Health shall not be liable to you or to any third party for any termination, modification, suspension or discontinuance of any feature or component of the Grapefruit Health Services.
Requirements for Use of the Grapefruit Health Services
The Grapefruit Health Services are only available for individuals aged 18 years or older; minor patients may participate through their parent(s) and/or guardian(s).
You must have a mobile or land line phone in order to participate in the Grapefruit Health Services, and you must have internet access to access and use the Website.
Full use of the Grapefruit Health Services: (a) requires a mobile or land line phone, an email address, and certain software; (b) internet access; (c) may require periodic updates; and (d) may be affected by the performance of these factors. The Grapefruit Health Services is not a guaranteed part of any health system, third party product or service offering, and no purchase or obtaining of any third party product or service shall be construed to represent or guarantee you access to the Grapefruit Health Services. Use of Grapefruit Health Services may result in any applicable messaging charges that your mobile device carrier charges. Grapefruit Health is not responsible for these charges.
You represent that you are using the Grapefruit Health Services for its intended purpose. If you are registering or using the Grapefruit Health Services on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.
Information Provided By or Through Grapefruit Health Services
We try to provide helpful and accurate information on the Grapefruit Health Services, but we make no endorsement, representation or warranty of any kind about any information, services or recommendations made available through the Website or otherwise through the Grapefruit Health Services (together, the “Content’). We are not responsible for the accuracy, reliability, effectiveness, or correct use of Content or any other information you receive through the Grapefruit Health Services. If you rely on any Content or other information provided by Grapefruit Health, Student Patient Partners, Grapefruit Health employees, or others appearing on or contributing Content, you do so solely at your own risk.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. IF YOU FEEL DISCOMFORT OR PAIN, IMMEDIATELY STOP THE ACTIVITY CAUSING SUCH DISCOMFORT OR PAIN.
Content found on the Website, or through the Grapefruit Health Services is for informational purposes only and is not intended to replace the relationship between you and your physician or other medical provider. Neither Grapefruit Health or any Student Patient Partner is a licensed medical care provider and neither have expertise in diagnosing, examining, or treating medical conditions of any kind. You should always consult your health care provider if you have any questions regarding your health or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have been told by a Student Patient Partner or have read on or through the Grapefruit Health Services.
You agree that you are participating in the Grapefruit Health Services at your own risk.
The Grapefruit Health Services may contain public features such as message boards, forums, bulletin boards, user comments, and other interactive features (collectively, “Interactive Services”) that allow you to publicly post, submit, publish, display or transmit content, including text, photographs, and other date (“User Generated Content”). You hereby grant to Grapefruit Health a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit User Generated Content you submit to the Interactive Services in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. "User Generated Content" includes but is not limited to content posted on message board posts, blogs, journals, and user comments. You hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Grapefruit Health's use of the User Generated Content or require your permission for Grapefruit Health to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Grapefruit Health or its sublicensees relating to Grapefruit Health's or its sublicensees' use of the User Generated Content in accordance with your privacy settings, and you hereby release Grapefruit Health and its sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to third parties in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.
We caution you to be careful in the information you disclose in any User Generated Content. Grapefruit Health is not responsible for the acts of any other party with respect to the use, inability to use or misuse of any User Generated Content.
Registration and Password
You do not need to register in order to access the Website, but registration may be required to access and use other Grapefruit Health Services. If you register to create an account with Grapefruit Health, you are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. Grapefruit Health cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your Grapefruit Health account or for any third party's fraudulent use or misuse of information submitted by you.
You represent that the information that you provide about yourself as requested in the Grapefruit Health account registration form (the "Registration Data") is accurate and complete, and you agree to update your account information, as necessary, including providing Grapefruit Health with your current email address, so that you may receive notifications and other account-related communications. Your submittal of your email address is your consent for Grapefruit Health to send you electronic information about the Grapefruit Health Services you are or could be receiving.
No Payment Required
The Grapefruit Health Services are provided at no cost to Website users or to individuals being contacted by Student Patient Partners.
These Terms will remain in full force for as long as you are using the Website and/or other Grapefruit Health Services and/or are a registered user. You may stop using the Website or other Grapefruit Health Services and/or de-activate your account at any time for any reason. Grapefruit Health may terminate the Grapefruit Health Services and/or terminate your access to and use of the Website and/or the Grapefruit Health Services at any time for any reason. You understand that any termination of your account may result in the deletion of any User Generated Content or other content you may have provided; however, Grapefruit Health may retain a copy of any such User Generated Content or other content and/or any information associated with your account in accordance with applicable laws. You agree that we are not liable to you or any other party for any termination or suspension of the Website or other Grapefruit Health Service, or for the termination or suspension of your access to any of the foregoing, or for the deletion of any User Generated Content, other content or other information.
Ownership of the Grapefruit Health Services
Except for the User Generated Content, the Website, Grapefruit Health Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by Grapefruit Health or its licensors. You acknowledge that the Website, Grapefruit Health Services and any underlying technology used in connection with either contain Grapefruit Health's intellectual property and proprietary information. You may not reproduce, distribute, host, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Grapefruit Health Services (including, without limitation any videos contained in the Grapefruit Health Services) except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the Grapefruit Health Services not expressly granted to you by Grapefruit Health are retained by Grapefruit Health and its licensors.
In addition to the foregoing, you agree that you will not, and will not permit any other party to:
Use the Website or other Grapefruit Health Services in any manner not expressly authorized in these Terms or in any unlawful manner;
Share the Grapefruit Health Services with third parties;
Interfere with, interrupt, or otherwise disable or disturb, or attempt to disable or disturb, any portion of the Website or other Grapefruit Health Services;
Post, distribute, copy or otherwise use any content in a manner that infringes on any third party's copyright, patent, trademark, trade secret or other proprietary rights; or that is obscene or contains child pornography; or that is defamatory, unlawfully threatening, harassing, harmful, or otherwise offensive or inappropriate;
Violate any law, rule or regulation in your use of the Website and/or other Grapefruit Health Services;
Transmit to Grapefruit Health any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
Use any manual or automatic device, programming or robot to obtain any data, or copy or avoid the structure or display of the Website or any of its contents;
Frame, mirror, forge headers, use meta tags or similar devices, or otherwise attempt to disguise any information, reference Grapefruit Health or direct any user to any other website for any purpose;
Circumvent or attempt to circumvent any security measures that are part of or used in conjunction with the Website and/or other Grapefruit Health Services; and/or
Use the Website and/or other Grapefruit Health Services in any manner deemed unacceptable to Grapefruit Health.
If you violate any of the Terms, your license to use the Grapefruit Health Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Grapefruit Health Services.
Copyrighted Materials and Digital Millennium Copyright Act Notice
You agree that any materials posted by you shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses required to allow the posting of any content posted by you.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Site, please notify Grapefruit Health’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Site;
4. Information reasonably sufficient to permit eHarmony to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to firstname.lastname@example.org. Please note that only DMCA notices will be accepted at this email address. All other inquiries or requests will be discarded.
Upon request by us, you agree to defend, indemnify and hold Grapefruit Health and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Grapefruit Health Services, including any User Generated Content or other content you post, store, reproduce, display, or distribute via the Grapefruit Health Services; (b) your violation of these Terms; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Grapefruit Health Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
If we determine that any user is not using the Grapefruit Health Services responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user's transmissions, User Generated Content, or use of the Grapefruit Health Services. We also have the right (but not the obligation) to suspend or terminate your access to and use of Website or other parts of the Grapefruit Health Services, or delete information you have posted to the Grapefruit Health Services, without prior notice, if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of these Terms; (b) is offensive to other users; (c) violates the rights of Grapefruit Health or third parties, or (d) could cause Grapefruit Health liability. Without limiting the foregoing, upon any termination of your account or access to the Grapefruit Health Services we may delete all User Generated Content and other information associated with your account. If Grapefruit Health suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account.
Third Party Services
THE WEBSITE AND OTHER GRAPEFRUIT HEALTH SERVICES AND/OR ANY CONTENT OF EITHER ARE PROVIDED BY GRAPEFRUIT HEALTH AND ITS AFFILIATES "AS IS." NO STUDENT PATIENT PARTNER, GRAPEFRUIT HEALTH NOR ANY ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR WITH RESPECT TO ANY OTHER GRAPEFRUIT HEALTH SERVICES. IN ADDITION, GRAPEFRUIT HEALTH AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND OTHER GRAPEFRUIT HEALTH SERVICES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, GRAPEFRUIT HEALTH DOES NOT WARRANT THAT USE OF THE WEBSITE OR ANY OTHER GRAPEFRUIT HEALTH SERVICE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT WILL GRAPEFRUIT HEALTH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT GRAPEFRUIT HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF GRAPEFRUIT HEALTH, ARISING FROM OR RELATING TO THE WEBSITE OR OTHER GRAPEFRUIT HEALTH SERVICES (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. GRAPEFRUIT HEALTH'S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE OR OTHER GRAPEFRUIT HEALTH SERVICES. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.
These Terms and the resolution of any dispute related to these Terms or the Grapefruit Health Services shall be governed by and construed in accordance with the laws of the State of Illinois without respect to its conflict of laws principles. You shall bring any legal action or proceeding against Grapefruit Health related to the Grapefruit Health Services exclusively in a federal or state court of competent jurisdiction sitting in Cook County, Illinois, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of these Terms is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Grapefruit Health's failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Grapefruit Health in writing. These Terms constitute the entire agreement between you and Grapefruit Health with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign these Terms to any other party and any attempt to do so is void.