Terms of Service

This Terms of Service were last updated on May 1, 2023.

Thank you for using PrometheusPX!

About These Terms

Please read these Terms of Service (“Terms of Use”) carefully as they contain important information about your legal rights, remedies, and obligations. These Terms of Use set forth the terms and conditions governing your use of the PrometheusPX’s websites at www.prometheuspx.com (“Websites”); the PrometheusPX’s mobile applications; and any other services rendered to you by the PrometheusPX (all together, the “Services”) 

These terms and conditions of use (“Terms of Use”) comprise a legal agreement between PrometheusPX, LLC (the “Company”) and you, the person accessing and using this website (the “User,” “you,” or “your”) (together, the “Parties”). These Terms of Use set forth the terms and conditions governing your use of the Company’s websites at www.prometheuspx.com (“Website”); the Company’s mobile applications; and any other services rendered to you by the Company (all together, the “Services”).

Please read these Terms of Use carefully before beginning to use the Services. BY USING THE SERVICES, YOU INDICATE THAT YOU HAVE READ, YOU ACCEPT, AND YOU AGREE TO BE BOUND BY, THE TERMS AND CONDITIONS OF THESE TERMS OF USE, WHICH SHALL GOVERN YOUR ACCESS AND USE OF THE SERVICES.

The following terms are used frequently in these Terms. Here is what they mean:

  • “Terms” refers to these Terms of Service.
  • “you” refers to you, a user of the Service.
  • “we” or “us” refers to PrometheusPX and our affiliates.
  • “Service” refers to our online Service, accessed through the Site, that connects Clinicians to users including patients, care managers, employers, and payers. The Site and any mobile applications provided to access the Service are part of the Service.
  • “Site” refers to the PrometheusPX.com website, including all subdomains.
  • “Clinician” refers to a User that is a healthcare professional qualified in the clinical practice of medicine (physicians, nurses, pharmacists, or other allied health professionals) that uses the Service.
  • “User” means any user of the Service. Users may be Clinicians, patients, care managers, employers, or payers.
  • “Content” refers to all information, images, lab results, data, text, audio, video and other materials and content available through the Service.
  • “User Content” is Content that a User posts or uploads through the Service, including information relating to patient cases provided by Clinicians and feedback provided by Users. User Content that you or any authorized User provides on Your Behalf is “Your Content.”
  • “Service Content” is all Content included on the Service, including User Content and Our Content.
  • “Our Content” is all Content that we provide through the Service. Our Content does not include User Content. Our Content may include Content that we have licensed from other people or companies.

1. Changes to Terms of Use

We reserve the right, in our sole discretion, to modify or replace any part of these Terms at any time, effective upon the date of the change. We will not amend these Terms that apply retroactively. In the event of any such change, we will post a notice on the Service that we have changed these Terms. If you are a User, we may (but are not required to) provide you with notice via the email address that we have on file for you that we have changed these Terms. You and we both understand that sometimes there are issues with email communication. We are not responsible if any email notice gets caught by your SPAM filter and you do not see it, if you have given us the incorrect email address (or failed to update your address) or if there are other communications issues that prevent email from reaching you. Therefore, we encourage you to frequently visit this page to monitor any changes. Your continued use of or access to the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

2. You agree to provide us with accurate and truthful information during the registration process and you will update us if that information changes.

You will have a unique username and password to access the Service, and you agree not to provide your username and password to anyone. You are responsible for all activity by anyone using usernames and passwords provided to you. Please make sure you follow adequate security procedures to protect your account by safely storing your password, selecting a robust password that cannot be guessed by others and changing it regularly to increase security. If you notice any unauthorized use of your account or password, please notify us immediately.

3. Information you provide to us is governed by our Privacy Policy.

Please review our Privacy Policy carefully before providing us with any information.

4. About The Service

The Service is provided for patient care management and coordination purposes only and is not a substitute for diagnosis, treatment, prescription, or supervision by a specialist physician. If you are a Clinician, you acknowledge and agree that we are not a healthcare provider and do not provide care supervision of any kind. Information provided through the Service is not a substitute for treatment by a physician or healthcare provider, and you agree that you will not rely on the information provided by the Service in directing patient care.

The medical information provided through the Service is provided as an information resource only and is not to be used or relied on for any diagnostic or treatment purposes. This information should not be used as a substitute for professional diagnosis and treatment. If you are a Clinician, you take full responsibility for all treatment decisions relating to your patients and you are solely responsible for their care. The decisions made following receipt of input through the Service are at the risk of the Clinician, who should determine whether to use this input exercising their own independent medical judgment, and how to use this input to make their own clinical decisions.

You agree to the following:

  • You are above 13 years of age. Children 13 years old or below are not permitted to use the Service.
  • All information provided by you through the Service is accurate and complete to the best of your knowledge.
  • You understand and agree that Clinicians are not our employees or agents. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by us.
  • You understand and agree that we select Clinicians to join our network based on a variety of factors such as specialty care need, state of licensure, and User demand. We do not have an opinion about the Users and will not endorse or recommend specific individuals.
  • You agree that you will use the Service only in a manner that complies with all HIPAA, federal, and state privacy and security laws and requirements and with the Business Associate Agreement entered by and between us and you. In accordance with HIPAA, you will provide only the minimum necessary protected health information and only for permitted uses and disclosures, pursuant to 45 C.F.R. § 164.502. You will only input PHI into fields specifically designated as PHI-permitted fields on the Service. If you receive or provide any protected health information or other patient identifiable information through the Service in violation of HIPAA or any other federal or state privacy or security laws, you will immediately notify us, and you will immediately return or securely destroy all such information.
  • You shall only make legal use of the Service. You will always comply with all applicable federal and state laws, regulations, and ordinances, including but not limited to the Stark Law, Anti-Kickback Statute, and all applicable federal and state privacy laws.
  • You represent and warrant that (i) you are legally authorized to provide Your Content, (ii) Your Content does not infringe, violate or misappropriate the rights (including rights of privacy and publicity and intellectual property rights) of any person or entity, and (iii) Your Content is not pornographic, violent, illegal, infringing of other people’s rights, slanderous or libelous. You acknowledge and agree that we reserve the right to remove any of Your Content that we determine is objectionable in our sole discretion.
  • You will not impersonate another person.
  • You will not share your login information (username, password, and/or touch ID) with any other person. Only you will access the Service through your login information. You will not use anyone else’s login information, including if you are using a shared device.
  • You may not send unsolicited messages (also known as junk mail or SPAM) or messages that do not correctly identify the sender or alter the attribution of origin in electronic mail messages or postings.
  • You will not access the Service through automated methods.
  • You will not attempt or engage in any action that directly or indirectly (i) interferes with the proper working of or (ii) places an unreasonable load on our infrastructure.

If you are a Clinician, you also agree to the following:

  • You remain solely responsible and liable for treatment and diagnosis of your patients regardless of any information received through the Service, and regardless of whether you input any of the information that was provided through the Service.
  • You understand and agree that feedback provided by Users represents the Users’ own opinion and does not represent us or any other person or entity.
  • You will use your independent medical judgment in treating patients, and you will not use or rely upon any information provided through the Service as a diagnosis or treatment of your patients. You understand and agree that information provided by Users is for educational purposes only, and you will use it only in that capacity.
  • If you determine that specialist treatment is needed, you will refer the patient to a specialist physician who can examine the patient in a clinical setting and provide proper diagnosis and treatment.
  • You are solely responsible for Your Content, including but not limited to the accuracy and reliability of the information provided on the Service by you or any of your or your organization’s authorized Users. You agree that you will pay and indemnify us for all losses, liabilities, damages costs and expenses (including attorney’s fees and expenses) that we may incur in connection with any claim or allegation relating to Your Content.
  • You will not bill any federal or state healthcare programs for use of the Service.
  • Unless we specifically state otherwise, You agree that you will only use the Service for patients you see through the network, system, group, organization, clinic, plan, or provider that subscribes to the Service or enters into an agreement or contract with us. You will not use the Service for anyone who is not your patient, including yourself.
  • PrometheusPX does not guarantee the security of any device used to upload pictures or data to the PrometheusPX Service, and users retain full responsibility for ensuring that any data is handled in a manner consistent with HIPAA and all other applicable federal and state laws.
  • You will comply with all applicable supervisory requirements separate and apart from your use of the Service.

If you are a Consumer, you agree to the following consent:

By completing your registration through the Service, you give permission to the Providers to provide you with medical care. You may withdraw this consent at any time by no longer seeking care from PrometheusPX’s Providers or by providing notice to PrometheusPX of such withdrawal. PrometheusPX’s telehealth or telemedicine services involve the delivery of healthcare services using electronic communications, information technology, or other means between a medical provider and a patient who are not in the same physical location. Telemedicine may be used for medical consultations, diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to:

  • Electronic transmission of medical records, photos/images, personal health information, or other data between a patient and a medical provider.
  • Interactions between a patient and medical provider via audio, video, and/or asynchronous data communications.
  • Use of output data from medical devices, sound, and video files.
  • By creating a Member account and accessing the Service (including the Provider services), you acknowledge and agree to this Telehealth Consent and a record of such acknowledgement will be retained in the medical record of the Provider and professional entity providing such services through the Service.

5. User Content and Our Content

The Service Content contains both User Content and Our Content. You understand that we do not have any control over User Content, and we do not edit, control, or proofread any User Content. However, we reserve the right to monitor User Content, and may remove any User Content that we determine violates these terms or is otherwise objectionable in our sole discretion and without liability to you.

As between you and us, you always remain the sole owner of Your Content. You agree that we may use Your Content for the purposes for which you provided it. The primary use of Your Content is to display it on the Service for the purposes for which you provided it (e.g., seeking or providing feedback), and you grant us a nonexclusive right to use, store, display, perform and distribute Your Content for that purpose. We may also use Your Content to review performance, quality, and effectiveness of the Service, to perform data analysis, and we may take screen shots or frame certain areas of the Site for marketing and promotional purposes, and you agree that we and our service providers may use Your Content in this way. We also retain full ownership rights over Protected Health Information de-identified in accordance with HIPAA.

You represent to us that you have the right to provide us with Your Content and any other information you provide to us, and that Your Content is not illegal.

We may (but we are not required to) monitor Your Content. We may refuse to post, or we may remove, any of Your Content that we believe is illegal, infringing other people’s rights, objectionable as determined by us, inadequate to meet the requirements of our services, or that does not comply with these Terms.

You may use Service Content only for purposes of using and interacting with the Service in compliance with these terms.

6. Intellectual Property Rights

The Websites and their contents, features, and functionality are owned by the PrometheusPX, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All text, images, data, content, photographs, audio files, graphics, user interfaces, visual interfaces, trademarks, logos, sounds, music, illustrations, descriptions, artwork, computer code, and all other material (collectively, the “Content”), including without limitation design, layout, structure, selection, coordination, expression, “look and feel,” arrangement, and combination of the Content, contained or made available on the Websites, is owned, controlled, or licensed by the PrometheusPX, and is protected by trade dress, service mark, trademark, copyright, patent laws, and various other intellectual property rights and unfair competition laws in the United States and other countries. Except as expressly provided herein, no part of the Websites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, or modified in any way, or uploaded to any other computer, server, website, or other medium for publication or distribution or for any other commercial enterprise, without the PrometheusPX’s prior express written consent. We retain all rights, title, and interest (including all intellectual property rights) in and to the Service and all Our Content. You shall not engage in any activity that is inconsistent with our ownership. Without limiting the previous sentences, you may not (i) reproduce, create derivative works of, distribute, publicly perform or publicly display the Service or Service Content or any portion thereof without our prior written consent, (ii) you may not use any metatags or any other “hidden text” utilizing the name “PrometheusPX” without our prior written permission, in our sole discretion, and (iii) you shall not transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of the Service or any Service Content, in whole or in part, in any form or by any means.

Notwithstanding the prior statement, any doctor, physician, or other licensed medical professional using the Services as part of delivering medical services may utilize their patient’s information provided on the Websites with the patient’s consent. Any personal user may utilize their own information for their personal, non-commercial use only. Except as expressly provided herein, no part of the Websites, Services or Content may be used for the benefit of any third party, or sold, offered for sale, re-sold, or offered for re-sale to any third party. By accessing the Services, you agree not to decompile, disassemble, reverse-engineer, prepare derivative works of or modify any part of the Websites, Services, Content, or software, or to use or attempt to use third parties to do any of the foregoing. The PrometheusPX may change, delete, update, or replace the Content at any time. The Content is available for informational purposes only and is not binding on PrometheusPX.

7. Defense and Indemnification

You are responsible for your actions; you agree you will pay and indemnify us for all losses, liabilities, damages costs and expenses (including attorney’s fees and expenses) that we may incur based on your breach of these Terms or any other action or inaction by you. If we (or any of our employees, directors, agents or affiliates, or any Users) get sued or any other claim is made against us (or them) related to anything you do (including any breach by you of these Terms), you agree that you will defend us against the suit or claim if we request it.

8. Limitations of Liability

Our liability to you is limited to the fullest extent permitted by law. If you are a Clinician, you also agree that the liability to you and your patients is limited to the fullest extent permitted by law. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE AS WELL AS OUR LICENSORS, ARE NOT LIABLE (UNDER ANY LEGAL THEORY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, LOSS OF USE, OR DAMAGE TO REAL, TANGIBLE OR INTANGIBLE PROPERTY. IN ADDITION, YOU AGREE THAT IN EVENT THAT ANY OF THE FOREGOING LIMITATIONS ARE NOT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR LICENSORS BE LIABLE FOR DIRECT DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (i) AMOUNTS PAID BY YOU OR PAYABLE TO YOU FOR USE OF THE SERVICE IN THE PREVIOUS THREE MONTHS OR (i) ONE HUNDRED U.S. DOLLARS ($100).

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service (including any information provided through the Service) brought by you must be filed within one (1) year after such claim or cause of action arose or be forever barred.

9. Governing Law

These terms shall be governed by, and construed in accordance with, the substantive laws of the Commonwealth of Pennsylvania, without regard to the choice of law provisions of any jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

10. Disputes Between Users

If you have a dispute with another User, that dispute is between you and that User. Even if we help facilitate resolution of the dispute, we are not responsible for the dispute and do not have any liability related to the dispute. You hereby release us from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

10. GENERAL LEGAL TERMS

You and we agree to be bound by the following general terms:
  • These Terms and the Terms of the SaaS Agreement, including all affiliates, are the entire agreements between you and us.
  • Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given upon receipt, or, if by e-mail, when receipt is electronically confirmed. You agree to notice via e-mail at the address you have provided. You can contact us by email at info@PrometheusPX.com.
  • Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Waivers are effective only if written and signed by us.
  • These terms may not be amended unless in writing and signed by us.
  • If any provision of these Terms is found by a court of competent jurisdiction to be invalid, such provision will be limited or eliminated to the minimum extent necessary, and the other provisions of these Terms remain in full force and effect.
  • The Service is not designed for use outside the United States. If you use the Service outside the United States, you do so at your own risk, and you are solely responsible for compliance with applicable laws relating to the use of the Service. You are not permitted to use the Service in any jurisdiction where it is not permitted.
  • These Terms apply solely to the Service. Your access or use of any third-party site is governed by the terms applicable to such third-party site. If the Service contains a link to a third-party site, that does not imply an endorsement by us of such site or the provider.
  • You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. All our rights and obligations under these Terms are freely assignable by us.
  • A printed version of these Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

12. Contact Us

Your satisfaction and communications are important to Us. If you have any questions about these Terms of Use or would like to provide the Company with other comments, feedback, or questions, please contact the Company at info@prometheuspx.com.

13. Feedback

Any suggestions, comments, or other feedback you give Us about the Services will be confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as the Company sees fit, without compensation to you.