Terms and conditions
Welcome to BlueStar, a Web-based platform that provides integrated services to support the management of diabetes and other services (collectively, “Services”). BlueStar is available through this website (“Website”) as well as through a mobile application on a phone or tablet (“Mobile App”) .BlueStar is prescribed to a patient by his or her physician and allows the patient and his or her care manager, physician, health plan, pharmacy and other users to communicate and integrate services for the patient’s care.
If you use or access BlueStar you indicate your acceptance of the Agreement. If you are accessing or using BlueStar on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement. If you have not read the Agreement, do not understand or agree to be bound by the Agreement, or are not able to consent to be bound by the Agreement (e.g., if you are not old enough to enter into a binding legal contract), do not use BlueStar.
PLEASE BE AWARE THAT BLUESTAR (INCLUDING THE WEBSITE, THE MOBILE APP, AND THE SERVICES) IS NOT TO BE USED FOR EMERGENCIES AND WE DISCLAIM ALL LIABILITY FOR USE OF BLUESTAR IN CONNECTION WITH EMERGENCIES. IF YOU ARE A PATIENT USER, PLEASE GO TO YOUR NEAREST HOSPITAL IN THE EVENT OF AN EMERGENCY. IF YOU ARE A PROVIDER, DO NOT USE BLUESTAR TO COMMUNICATE WITH YOUR PATIENTS ABOUT EMERGENCY MEDICAL ISSUES.
The term “BlueStar” includes (1) all of the features and functionality of both the Mobile App and the Website (referred to collectively as the “Site”), (2) all of the content accessible through the Mobile App and Website, i.e., everything on the Site, whether accessible online wirelessly or electronically or offline after, e.g., downloading and printing, and (3) all Services provided by or otherwise made available to you through the Site.
The term “User” refers to you as a BlueStar user, regardless of the means by which you access BlueStar. As a User, you may be (1) a patient (“Patient User”) or (2) a non-patient healthcare service provider, payer (including an employer-sponsored payer), pharmacy, disease management organization, case manager or another individual who is involved in the management or care of the patient, including their employees and agents (“Non-Patient User”).
The term “Personal Information” refers to any patient information collected or available through BlueStar.
Purpose of BlueStar and the Services
BlueStar provides different Services to different Users, including:
Not all Services will necessarily be used by or for every User.
Representations and Warranties.
Patient User Representations and Warranties
If you are a Patient User, you represent and warrant that:
Non-Patient User Representations and Warranties
If you are a Non-Patient User, you represent and warrant that:
Product and Service
Reference to any product or service on BlueStar does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES IDENTIFIED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on BlueStar does not imply that we endorse that product or service or that the owner of such product or service endorses BlueStar.
Ownership of Materials and Use Restrictions
You have no right or license to use BlueStar for the benefit of another in an external service bureau or time-sharing arrangement or otherwise with a user not licensed by WellDoc, except if you are a Non-Patient User involved in the management or care of a patient, and you are using BlueStar for the benefit of your patient. Under limited circumstances, BlueStar may permit you to create and upload text, information and content. You represent and warrant that you have the legal right to such text, information and content and that none of the text, information and content violates the copyright, patent, trademark, trade secret and/or other intellectual property of any other party. WellDoc reserves the right to remove any text, information or content uploaded by you that it determines infringes on any third party’s copyrights, trademarks, trade secrets, or other intellectual property rights, or that WellDoc otherwise determines is inappropriate.
In connection with your access to and use of BlueStar, you may not access or use any password-protected, secure, or non-public areas of the Site, except as specifically authorized in writing by WellDoc; impersonate or misrepresent your affiliation with any person or entity; use any automated means to access or use BlueStar, including scripts, bots, scrapers, data miners, or similar software; attempt to or actually disrupt, impair, interfere with, alter, or modify BlueStar, or any information, data, or materials posted or displayed by WellDoc; access data on the Site not intended for you; or attempt to probe, scan, or test the vulnerability of the Site or breach any implemented security or authentication measures, regardless of your motives or intent.
Links to or from BlueStar
You may not create a link from your website or any other Internet location to the Site without the express written permission of WellDoc. If WellDoc grants you permission to link to the Site, WellDoc reserves the right to revoke such permission at any time. If such permission is revoked, you agree that your failure to sever such link immediately will cause WellDoc immediate and irreparable injury.
Any links to other websites or Internet locations from BlueStar have been provided for your convenience only. WellDoc may at its discretion provide link-throughs to the websites of other entities with whom you may have relationships, such as a plan or provider. WellDoc does not endorse, sponsor, or approve any of the content of any websites or locations to which BlueStar links. WellDoc has no control over any of the websites or other Internet locations that you may access through BlueStar, or from which you access BlueStar, and is not responsible for the content or accuracy of the content of any such websites or locations. If you access any other website or Internet locations through BlueStar, you do so at your own risk.
All brand, product and service names used regarding BlueStar and WellDoc are the trademarks, trade names or service marks of WellDoc, unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or service marks, or use any meta tags or any other "hidden text" utilizing any such trademarks, trade names or service marks, without the express prior written permission of WellDoc or the owner of such trademarks, trade names or service marks.
Registration and Security
By entering any information on BlueStar, you represent and warrant that: (i) you are at least 21 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. Additionally, you agree to maintain the strict confidentiality of your account and any passwords issued to you for your use of or access to BlueStar or any portion thereof, and you agree not to allow any other entity to use any username(s) or password(s) that are issued to you. You shall be responsible for all activity that occurs under your account or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason.
Modification of BlueStar and the Services
We reserve complete and sole discretion with respect to the operation of BlueStar and the Services. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of BlueStar, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of BlueStar or restrict your access to part or all of BlueStar without notice or penalty. We may suspend or terminate your account or your use of BlueStar at any time, for any reason or for no reason at all.
Use Outside United States
WellDoc makes no representation or warranty that the content of BlueStar is appropriate, lawful, or available for use in countries other than the United States. If you use BlueStar, including without limitation, the Site, you are responsible for compliance with all applicable laws.
Disclaimer of Warranties and Liability
BLUESTAR IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WELLDOC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ALL WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. YOU EXPRESSLY AGREE THAT USE OF BLUESTAR IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF BLUESTAR. NEITHER WELLDOC NOR ANY OF ITS PARTNERS REPRESENTS OR WARRANTS THAT BLUESTAR WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT BLUESTAR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DOES WELLDOC OR ITS PARTNERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF BLUESTAR. IN THE EVENT OF ANY PROBLEM WITH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING BLUESTAR.
You acknowledge that data entry and conversion is subject to human and machine errors, omissions, delays, and losses, including inadvertent loss or corruption of data or damage to media, that may give rise to loss or damage. You agree WellDoc will not be liable for any such errors, omissions, delays, or losses, unless caused by WellDoc’s gross negligence or willful misconduct. You are responsible for adopting reasonable measures to limit the impact of such problems, including backing up data, and adopting procedures to ensure the accuracy of input data; examining and confirming results prior to use of data; and adopting procedures to identify and correct errors and omissions and reconstruct data. You are also responsible for complying with all local, state, and federal laws pertaining to the use and disclosure of any data.
WellDoc expressly disclaims any responsibility or liability for, and you agree WellDoc will not be responsible or liable for: (A) Errors in data or data entry, whether caused by you or the hardware or communications medium used for data entry; (B) Errors in dating or filing data caused by you or the hardware or communications medium used for data entry; (C) Errors in therapeutic conclusions or interventional instructions provided by Non-Patient Users relying on erroneous data or data entry; (D) Malfunction or loss of use of any hardware; (E) Loss or degradation of communications between you and BlueStar or a WellDoc service provider for any reason not within control of the WellDoc; (F) Injury to anyone associated with use of any hardware used for data or voice communication with BlueStar or with WellDoc; (G) Failure by you to correct erroneous data or to comply with proper instructions; (H) Errors resulting from unauthorized access to BlueStar or associated data; and (I) Any damage or injury to anyone directly or indirectly resulting from use of or communication with BlueStar or WellDoc where the proximate cause of such damage or injury is not within the control of WellDoc.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE REMEDY FOR ANY CLAIM FOR DAMAGES ARISING OUT OF OR RELATED TO BLUESTAR OR WELLDOC, INCLUDING WITHOUT LIMITATION, THE SITE, ANY SERVICE, OR ANY PRODUCT OR SERVICE ACQUIRED THROUGH BLUESTAR SHALL BE LIMITED TO A REFUND OF ANY AMOUNT YOU PAID FOR SUCH PRODUCT OR SERVICE. UNDER NO CIRCUMSTANCES SHALL WELLDOC, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING BLUESTAR OR ANY PART THEREOF, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, INCLUDING LOST OR CORRUPTED DATA OR LOST PROFITS OR OTHER ECONOMIC DAMAGES, ARISING FROM OR IN CONNECTION WITH BLUESTAR OR ANY PRODUCTS OR SERVICES MADE AVAILABLE OR LISTED ON IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY OF THE FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT THAT WELLDOC RECEIVED FROM YOU FOR THE TRANSACTION THAT GAVE RISE TO THE CLAIM. THE LIMITATIONS IN THIS PROVISION SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Term and Termination
Your obligations under the Agreement shall continue for as long as you access or use BlueStar or use or maintain any of the content of BlueStar or copies thereof. You may terminate your obligations at any time by discontinuing your use of BlueStar and by destroying all content obtained from it, and all copies thereof. However, your termination of the Agreement does not relieve you from liability resulting from your failure to comply with the obligations of the Agreement before such termination, and WellDoc reserves the right to enforce such pre-termination obligations before or after you terminate the Agreement. WellDoc reserves the right, in its sole discretion, to terminate your access to or use of BlueStar, including the Site and the Services, and any related services or any portion thereof at any time and for any reason, including, without limitation, breach of the Agreement.
Neither party to the Agreement shall be liable to the other under the Agreement or otherwise for performance that is prevented by a cause outside the control of the party, including without limitation, natural disaster, war, riot, labor disturbance, or failure of publicly available channels of communication.
All disputes seeking only monetary damages and arising out of or relating to the Agreement or WellDoc’s operation of BlueStar, except disputes involving infringement or ownership of intellectual property rights, shall be resolved by binding arbitration in Wilmington, Delaware, pursuant to the rules of the American Arbitration Association. All disputes seeking injunctions or other non-monetary remedies or involving infringement or ownership of intellectual property rights shall be resolved in the federal district court or applicable state court in Delaware, and you consent to personal jurisdiction and venue in such court.
The Agreement is governed by and will be construed in accordance with the laws of the United States and the State of Delaware, without regard to conflicts of laws principles.
If any provision or part of a provision of the Agreement is contrary to law, the remaining part of the provision and the remaining provisions of the Agreement will remain in effect.
BlueStar is operated by WellDoc, Inc.
All formal notices to us shall be sent to firstname.lastname@example.org.
All notices to you shall be sent to the email address that you provide when you register. Any notice provided under the Agreement shall be deemed given one business day after the email is sent. If you do not register, or register with inaccurate information, you hereby waive any right to notice for any purpose related to the Agreement or BlueStar. Any action or claim against us must be brought within one year following the date on which the claim first accrued or shall be deemed forever waived.
You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by WellDoc. Any purported assignment lacking such consent will be void at its inception. WellDoc may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on the Site or through our Services.