Terms of Use

Last updated: December 7, 2023

These Terms of Use (the “Terms of Use”) govern your use of www.athn.org (the “Site”), which is operated by American Thrombosis and Hemostasis Network, Inc. (“ATHN”, “we”, “us” or “our”) and any related “Services” (defined below) provided by ATHN via the Site and associated mobile applications. Please read this Terms of Use Agreement (“Agreement”) carefully, as it constitutes legally binding terms and conditions and applies to your use of the Site and all web pages and websites associated therewith together with any other features, functionality, documentation and services offered by us on or through the Site.

Robust Health is an interactive mobile application provided to you (“user” or “your”) by ATHN. Your access and use of the application or any part thereof, or anything associated with it, including its contents and any products or services provided by ATHN (collectively, the “Service”) are governed by these Terms of Use (this “Agreement”). Please read this Agreement carefully before using the Service. Our Privacy Statement is included in our Terms of Use, and we take both the privacy and security of your patients’ data very seriously.

ATHN is not a medical provider. If you require medical assistance or have a healthcare related query you should contact your medical provider or call 911.

General Terms & Conditions

By accessing or using our Service, you agree to be bound by this Agreement, and to use our Service in accordance with the terms and conditions of this Agreement. If you do not agree to these Terms of Service as set forth hereunder, you are not authorized to use our Service.

We reserve the right, at our sole discretion, to change or modify these Terms of Service at any time. If we need to change these Terms of Use, we will advise you and will post the revised Terms of Use through our Service and update the “Last Revised” date to reflect the date of the changes. You are responsible for being aware of any modifications or changes made to these Terms of Use. By continuing to use our Service after we post such modifications or changes, you agree to the updated Terms of Use.

Term

This Agreement shall remain in full force and effect while you use the Service. You may terminate your use of or registration for the Service at any time, for any reason, and ATHN may terminate your use of or registration to the Service at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party.

Territorial Restrictions

The Site and Service are intended for use in the United States (“US”) only and you must be a resident of the United States or its territories to register with the Site. All information you provide to ATHN while accessing/using our Service will be processed/stored in the US and will be subject to US laws.

User Registration

In order to access and use certain content, features, or functionality of the Site and/or Service, we may require that you register with a unique username and password combination (“User Credentials”) and provide certain additional information (“Personal Information”). You agree that all information you provide is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it current. Collection, use and disclosure policies with respect to the privacy of such Personal Information are set forth in the Privacy Statement. If you elect to become a registered user of the Service, you are responsible for maintaining the strict confidentiality of your User Credentials, and you agree not to share your User Credentials with anyone. You agree to notify us of any unauthorized access of your User Credentials. We reserve the right to deny access, use and registration privileges to any user of the Service if we believe or suspect there is a question about the identity of the person trying to access any account or element of the Service. Under no circumstances shall ATHN be liable to you for any liabilities or damages resulting from or arising out of your use of our Service, your use of the User Credentials, or your release of the User Credentials to a third party.

HIPAA Consent

You hereby consent to your HTC’s, provided it is a covered entity as defined by Health Insurance Portability and Accountability Act (“HIPAA”), access and use, and our disclose of your Protected Health Information (“PHI) for treatment and health care operations provided to you via our platform in accordance with the terms and conditions set forth in these Terms of Use. You may withdraw this consent at any time by opting out of sharing information with the HTC.

Access Rights

Subject to your compliance with the terms and conditions of this Agreement, we hereby grant you a limited, non-exclusive, nontransferable right to access our Service and use our Service on your computer and the mobile device(s) that you own or control solely for your personal non-commercial use.

You agree that you will not, and will not attempt to: (a) interfere with or disrupt the functioning of the Service in any manner, including the functioning of any software, hardware, network or server connected to the Service; (b) distribute or transfer in any manner the Service or any part of the Service to any third party; (c) copy or modify the Service or any part of the Service for any purpose; (d) incorporate by any means any of the Service content into another application, website or service; (e) reverse-engineer or create derivative works based on any part of the Service for any purpose, commercial or otherwise; or (f) use the Service in any manner that is inconsistent with these Terms of Use. We reserve the right, in our sole discretion, to deny use of our Service to anyone for any reason.

Acceptable Use

Use of our Service requires that you comply with acceptable use behavior as determined by ATHN. As part of your responsibilities, you agree that you will not: (a) use the Service in any unlawful manner; (b) use the Service in any manner that is harmful, hateful, harassing, abusive, or otherwise offensive to any other person or entity; (c) interfere with or inhibit any other user from using or enjoying the Service; (d) use the Service as a means to distribute unsolicited or unauthorized communications, advertisements or spam; (e) access or search the Service by any means other than the authorized public interface; (f) collect or use any data or Service content that violates any third-party right; (g) create a false identity, impersonate another person or entity, or otherwise misrepresent yourself or the condition of your health or your problem; (h) breach or otherwise circumvent any security measures incorporated into the Service; or (i) use the Service in any manner that is considered unacceptable by ATHN.

Privacy

As part of the registration process, you will be asked to provide certain personal information. Any use of such information will be treated in accordance with our Privacy Statement, which is incorporated by reference into these Terms of Use.

Term & Termination

This Agreement shall remain in full force and effect while you use the Service. You may terminate your use of or registration for the Service at any time, for any reason, and ATHN may terminate your use of or registration to the Service at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party. You understand that termination of your registration may involve deletion of your information from our live databases as well as any content that you uploaded to the Service, but any HTC, or ATHN on behalf of an HTC, may retain your information in accordance with applicable laws and professional standards. You agree that we will not be liable for any termination of your access to our Service or deletion of your registration or content uploaded by you.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT OUR ONLINE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ATHN DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED IN CONNECTION WITH THE ONLINE SERVICE. IN ADDITION, ATHN DOES NOT GUARANTEE THAT USE OF THE ONLINE SERVICES WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.

ATHN WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER OR ASSOCIATED COMPUTER EQUIPMENT DUE TO YOUR USE OF THE SITE OR SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND IMPLEMENTING APPROPRIATE SAFEGUARDS FOR ANTI-VIRUS PROTECTION AND DATA RECOVERY.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Medical Disclaimer

FOR PURPOSES OF CLARITY AND THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL MEDICAL, DIAGNOSIS, TREATMENT AND HEALTH-RELATED CONTENT AND INFORMATION MADE AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE SERVICE IS SUBJECT TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT, AND SUCH INFORMATION AND CONTENT (I) IS MADE AVAILABLE FOR GENERAL INFORMATION PURPOSES ONLY, (II) IS NOT INTENDED AS MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, (III) SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR CONSULTATIONS WITH, OR MEDICAL ADVICE FROM, QUALIFIED HEALTH PROFESSIONALS AND (IV) MAY NOT BE ENDORSED BY, OR OTHERWISE REFLECT THE VIEWS, OPINIONS OR POSITIONS OF, ATHN.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ATHN, ITS AFFILIATES, PARTNERS, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICE OR FROM THIS AGREEMENT.THE USE OF OUR SERVICE IS DONE SO ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL ATHN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES OR LIABILITIES ARISING FROM OR RELATING TO THE USE OF OUR SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES.

Indemnity

You agree to defend, indemnify and hold ATHN, its affiliates and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Claims”), arising in any way out of or in connection with (a) your use of the Service or (b) your breach or violation this Agreement. ATHN reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in each case, you agree to fully cooperate with us upon our request.

Ownership of Site Content

As between you and ATHN, and excluding any content you may email or otherwise provide to ATHN, ATHN or third parties own, solely and exclusively, all right, title and interest in and to the Service and all content contained and/or made available on, through or in connection therewith (“Content”), and all such Content is protected, without limitation, under domestic and foreign laws, rules, regulations and treaties. The term “Content” includes all reports, manuals, studies, copy, text, audio/visual content, artwork, photographs, illustrations, graphics, logos, computer code, software, music (including the musical compositions therein), data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Service, including the design, selection, sequence, look and feel and arrangement of the Service, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein.

Copyright and Trademark Information

The marks ATHN, the ATHN logo, ClinicalManager, StudyManager are the trademarks and/or service marks of the American Thrombosis & Hemostasis Network. The content and design of websites and services operated by ATHN are protected by U.S. and international copyright laws. You may not copy, reproduce, republish, post or upload any part of these materials without the express permission of ATHN except where such documents are public domain or marked as reproduceable without copyright. Where you may reproduce such materials all copyright, authorship or ownership information must be unaltered, and the source indicated. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under domestic and foreign laws, rules, regulations and treaties.

Digital Millennium Copyright Act

ATHN respects the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any content on the Site or Service infringes upon your copyrights and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c) (“DMCA Takedown Notice”) must be provided to us at ATHN, Attn: DMCA Notice, 217 Main Street, Cornwall, NY 12518:

• Your physical or electronic signature;
• Identification of the copyrighted work(s) that you claim to have been infringed;
• Identification of the material on our services that you claim is infringing and that you request us to remove;
• Sufficient information to permit us to locate such material;
• Your address, telephone number, and e-mail address;
• A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

You acknowledge that for us to be authorized to take down any content, your DMCA takedown notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Compliance

By using the Service, you represent and warrant that (a) you are 18 years of age or older and (b) your use of the Service does not violate any applicable law, rule or regulation. Further, if you provide information that is untrue, inaccurate, not current or incomplete, or ATHN suspects that such information is untrue, inaccurate, not current or incomplete, ATHN has the right to suspend or terminate your use and registration (in whole or in part) and refuse any and all current or future use of the Service (or any portion thereof), in our sole discretion, with or without notice to you, and without liability or obligation to you or any third party.

Governing Law; Dispute Resolution

ATHN is organized under the laws of and has a principal place of business in the State of New York, and the Site and Service is intended for use by residents of the United States and its territories. The Site can be accessed throughout the United States and the world, and each jurisdiction where a user may reside may have laws that are different to and/or conflict with the laws of State of New York.

You agree that any dispute or claim (including personal injury claims) related to your use of the online services account or any website or application accessed via the online services account is subject to the exclusive jurisdiction of the state of New York, and that any such dispute shall be governed by the laws of the state of New York. You further agree that you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. This agreement also applies to anyone claiming on your behalf.

Waiver; Trial by Jury

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

Waiver; Class Action

TO THE EXTENT ALLOWED BY LAW, EACH OF YOU AND ATHN WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

Miscellaneous

This Agreement, along with the Privacy Statement, constitute the entire agreement between you and us and supersedes any prior agreements between you and us with respect to the subject matter herein. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. All the sections intended to survive the termination of this Agreement shall survive. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Except as explicitly stated otherwise, any notices to ATHN shall be given by certified mail, postage prepaid and return receipt requested to ATHN at 217 Main Street, Cornwall, NY 12518. Any notices to you shall be provided to you through our Website or Service or given to you via the email address or physical address you provide to ATHN during the registration process.

You agree to the use of electronic documents and records in connection with your registration, future transactions and communications involving our Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Any use of third-party software provided in connection with our Service, or any third-party product or service accessed or used in connection with our Service, will be governed by the applicable third-party’s license or terms of service, and not by these Terms of Service.

Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination of this Agreement shall survive and be enforceable after such termination, including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.

Mobile Messaging Terms of Use

ATHN’s mobile Short Message Service (SMS) program runs on the short code 47391 (‘SMS Service”) and is executed by Rip Road on behalf of ATHN. ATHN and Rip Road will not charge you to use the SMS Service; however your Wireless Service Provider may charge for sending and/or receiving messages and for air-time.

We reserve the right, in our sole discretion, to change, modify, add, or remove these Mobile Messaging Terms of Use (“Mobile Terms”) at any time. We may change or suspend the SMS Service at any time. If you are dissatisfied with the SMS Service or the content received through the SMS Service, your sole remedy is to discontinue use of the SMS Service.

By using the SMS Service and accepting these terms, you also agree to our standard Terms of Use to which these Mobile Terms are attached and are incorporated herein by reference. In the event of a conflict between the standard Terms of Use and these Mobile Terms, these Mobile Terms shall prevail.

SMS Mobile Messaging Service

ATHN provides bleed and treatment tracking via SMS messages. Please note that to process your requests for the SMS Service, you may be charged a fee to send and receive messages based on the terms of your wireless service agreement. All charges are billed by and payable to your Wireless Service Provider. Check with your Wireless Service Provider if you have questions about your wireless service plan.

ATHN will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your Wireless Service Provider.

This Service is available on the following carriers: AT&T, Verizon Wireless, Sprint, Virgin Mobile, Boost, T-Mobile, MetroPCS, U.S. Cellular, Cricket Wireless, Google Voice, nTelos, Alaska Communications Systems (ACS), bandwidth.com (includes Republic Wireless), Bluegrass Cellular, Boost-CDMA, C Spire Wireless (Cellular South), CableVision, Carolina West Wireless, CellCom, Cellular One of N.E. Arizona, Chariton Valley Cellular, Chat Mobility, Cleartalk (Flat Wireless), Copper Valley Telecom, DTC Wireless, Duet Wireless, East Kentucky Network (Appalachian Wireless), ECIT/Cellular One of East Central Illinois, GCI Communications, Illinois Valley Cellular, Inland Cellular, IWireless, Leaco Rural Telephone Cooperative, Limitless Mobile, Mid-Rivers Communications, Mobi PCS, MobileNation/SI Wireless, MTA Wireless/Matanuska Kenai, MTPCS Cellular One (Cellone Nation), Nemont US UMTS, Nex Tech Communications, Northwest Missouri Cellular, Panhandle Wireless, Pine Cellular, Pioneer Cellular, Plateau Wireless, Rural Independent Network Alliance (RINA), Sagebrush, SouthernLINC, SRT Communications, Thumb Cellular, TracFone, Union Telephone, United Wireless, Viaero Wireless, and West Central Wireless. T-Mobile is not liable for delayed or undelivered messages.

For questions, please send an e-mail with your mobile number and question to support@athn.org.

Service Details

If you opt-in to the Service, you will receive reminders to track your bleed and treatments via SMS. You will receive a maximum of 2 msgs per month. You can text HELP to 47319 for help, STOP to 47319 to cancel. Message and Data Rates May Apply.

To Opt-In or Receive Subscription Messages

Enter your phone number into the ATHN app, and follow the texting prompts to opt-in.

Example Response From 47319: Welcome to the Robust Health SMS tracking program! You can record your bleeds and treatments by texting. Your records will be sent to your HTC, if available. Reply START to begin. HELP for help, STOP to cancel. Msg&Data rates may apply.

To Stop (Opt-Out of) the SMS Service on 47319:

You can cancel receipt of all SMS messages from 47319 by replying to any Service message, or sending ‘STOP’, ‘END’, ‘QUIT’, ‘UNSUBSCRIBE’, or ‘CANCEL’ to 47319.

To Get Help for the SMS Service on 47319:

Messages may not be delivered to you if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of your wireless carrier may interfere with message delivery, including your equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered.

You can get HELP, by replying to any Service message, or sending ‘HELP’ to 47319. You can also e-mail your mobile number and question to support@athn.org.