- Portal Ownership. This portal and its applications are the property of Marquee, LLC (“Marque Health” or “Marquee”). Any unauthorized and/or malicious use of the portal is prohibited and violators may be prosecuted to the fullest extent of applicable law. Marquee, including without limitation its directors, managers, employees and agents shall not be responsible:
- for any loss(es) or damage(s) arising from the use, or inability to use, this portal or any other website.
- to investigate the accuracy of any representations made by any service provider or any other entity posting materials to this portal;
- for the opinions, views, estimations, evaluations, prognosis, or recommendations of any service provider or any other entity posting materials to this portal.
- Using This Portal. The information and materials presented on this portal are provided on an “as is” basis without any express or implied warranties of any kind including without limitation warranties for fitness for particular purpose, merchantability, accuracy, timeliness, performance, completeness, and non-infringement. The information and materials posted on this portal do not constitute, or substitute for, any medical, legal or any other professional advice. You agree that:
- you are solely responsible for selecting a service provider as well as for the review of her/his qualifications;
- the evaluation of the practicality of any advice, assistance or instructions offered by any service provider lies fully with you;
- any decision to utilize any such advice, assistance or instruction lies fully with you.
- Intellectual Property. All product names, copyrights, logos, service marks, designs, layouts, and graphics displayed on this portal that are identified in any manner or appearing in type form different from that of the surrounding text (collectively, the “Trademarks”) are Trademarks owned by Marque Health, unless otherwise identified as being owned by another entity. Nothing contained this Agreement shall be construed as conferring by implication, estoppel, or otherwise, any license or right, either express or implied, under any Trademark of Marquee or any third party. No use of any Trademark may be made without the prior written authorization of Marque Health.
- Assumption of Risk. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU TAKE FULL RESPONSIBILITY AND ASSUME ALL RISKS ARISING FROM USE OF THIS PORTAL, THE INTERNET GENERALLY OR SERVICES PROVIDED BY THIS PORTAL, INCLUDING ANY RISKS ASSOCIATED WITH PORTAL AVAILABILITY, INFORMATION ACCURACY, USE, COLLECTION, TRANSFER, DISCLOSURE, AND/OR ANY CORRUPTION OF YOUR COMPUTER SYSTEM. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE OWNER OF THIS PORTAL, ITS AFFILIATES OR SUBSIDIARIES, AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, AND LICENSORS AND/OR THEIR RESPECTIVE HEIRS AND ASSIGNS, BE RESPONSIBLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE, OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS PORTAL OR THE SERVICES PROVIDED BY THIS PORTAL REGARDLESS OF WHETHER Marquee OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
Furthermore, you agree to indemnify and hold harmless the owners of this portal, their officers, assigns, agents, employees, officers, directors, or vendors and their staff, and any subsidiaries from any fees, claims, damages, injury, disputes, cause of action, damages and expenses, including reasonable attorneys’ fees and court costs, that may arise from your direct or indirect use of this portal, its features, information, material(s), and content, or other services of this portal or any other services of Marque Health.
- Posting on the Portal. If you choose to access features that allow you to post to this portal, you agree that you will not post to this portal any material that is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually-oriented, threatening, invasive of a person’s privacy, or adult material, in violation of any U.S. or applicable law. You will not post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material to post any such material(s). Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden.
- Your Account. You have the ability to choose your username and password for certain features that may be available on this portal (i.e. MyWellPortal.com, coaching, etc.). You agree for your protection and for security reasons to never give your user name and password to another person. In order to prevent account theft you should use a complex and unique password for your account. If you wish to permanently remove your account, your profile information, and/or any other records or data from this portal, please contact us by sending an email to [email protected]
- Availability of Services. This portal may provide information about products or services that may not be available in all areas. Trademarks used for certain products or services may differ in specific areas. In certain areas, some of the products or services mentioned in this portal may be approved or cleared by regulatory authorities with different uses and restrictions.
Marquee maintains appropriate administrative, technical and physical safeguards designed to protect your personal information in accordance to the applicable law. Marquee uses industry standard encryption on this portal. Unfortunately, the transmission of information via the Internet is not completely secure. Although Marquee will do its best to protect your personal data, Marquee cannot guarantee the security of your data transmitted to this portal; any transmission is at your own risk.
Marquee will not evaluate any computer, tablet, or other mobile device that you may use to access Marquee’s services for the secure handling of your personal information. Marquee disclaims any liability for any loss resulting from any security and data protection shortfalls originating from you own electronic devices.
- What information do we collect? Your employer, organization, school, association or group must be registered with Marquee in order to have access to our services and this portal. Marquee may collect some information from interactive features such as online surveys, contact and registration forms, and through the use of ‘cookies’ as explained below. The information Marquee receives in such a manner depends on the settings on your browser. For example, if you visit this portal to read or download information, such as information about a health condition or about one of Marquee’s products, Marquee may collect certain anonymous, unrestricted, non-personal information about you from your computer, including the type of web browser software you use, the links that you select, traffic data, the name of your Internet domain, the Internet address of the portal used for access, location data, the pages you have visited on this portal, web logs and other communication data. We store customer information, such as the chronology in which orders are placed and information on how to access the site, for a period that corresponds to our business requirements. Please contact us if you wish to correct or update personal information about yourself sent to us or if you have questions about the information we have stored.
- What information may be required to be disclosed? Under certain circumstances Marquee may be expected to disclose personal data. These circumstances include those required by applicable law.
- What are your rights concerning the collection of data on this portal? If you operate within legal systems that guarantee you a legal right of access to your data, you have access to your personal information or the right to correct or update it in accordance with the applicable law when you contact us. You may opt out of receiving information about activities, products or services from Marquee at any time.
- What is Marque Health’s portal policy for children? This portal is not directed to, or developed for, minor children. If you have not reached the age of majority, you may not use this portal unless supervised by an adult. Marquee’s goal is to comply with applicable laws and regulations relating to collection and use of information relating to children. If you believe that Marquee has received information from a child or other person protected under such laws, please notify immediately by email at: [email protected]
- Security of your data. Your personal data provided to us will be secured by taking all technical and organizational security measures in such a way that they are inaccessible for access by unauthorized third parties. When sending very sensitive data or information, it is recommended to use the postal service, as complete data security by e-mail cannot be guaranteed.
- Duration of storage. The personal data provided by you will be stored by us for the duration of use of the portal or in the event of the provision of information, services or support until expiry of the statutory storage period, taking into account the basic principles of applicable law to the permissible extent.
- Concerns on our use of your data. If you have any complaints about the processing of your personal data, you can contact the competent supervisory authority for your area.