Terms of Service
Last updated: October 19, 2023
THIS TERMS OF SERVICE, ALONG WITH OUR PRIVACY POLICY ACCESSIBLE VIA THE SITE, AND ANY OTHER POSTED POLICIES AND RULES WHICH MAY BE PRESENTED TO YOU ON THE SITE GENERALLY OR AT THE TIME OF ACCESSING OR USING CERTAIN SERVICES, MAY BE REFERRED TO COLLECTIVELY AS THE “POLICY.” THE POLICY IS A LEGAL AGREEMENT BETWEEN YOU AND PRIMARY RECORD INC., A DELAWARE CORPORATION. PRIMARY RECORD INC. MAY BE REFERRED TO IN THE POLICY AS “PRIMARY RECORD”, “WE”, “US” OR “OUR.”
IT IS THE RESPONSIBILITY OF EACH USER OF THE SITE TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE THE SITE OR OUR SERVICES. “YOU” ARE A USER OF THE SITE, AND YOU ARE SUBJECT TO THIS POLICY WHETHER YOU MAKE AN ACCOUNT ON THE SITE OR ACCESS THE SITE AS A GUEST OR BY OTHER MEANS.
Simple Summary
- You will continue to own the data that you provide or import to Primary Record.
- Your use of our Site is subject to certain conditions, which help keep us compliant with applicable laws and help protect both our Users and our Site.
Overview
This Policy applies to all users of the Site. Users can view certain public-facing pages of our Site without making an Account. Users may want to do so in order to learn more about our services prior to making an Account. If you are such a User, the provisions in this Policy relating to Account holders will not apply to you. However, you acknowledge that provisions which are more generally applicable to all Users will apply to you.
Any new features or tools which are added to the Services at any time shall also be subject to the Terms. All changes to this Policy are effective immediately when we post them, or if required by law, when we provide notice to you of such changes. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
General Terms
We use a third party service to facilitate the transfer of your records to our Site from a third party. As of the date this Policy was last updated, such party is 1upHealth, Inc. Such third party may have their own terms of service or other policies which may be applicable. If you use the Site to request that we obtain electronic health records or other protected health information, you expressly agree and consent to Primary Record, and 1upHealth, Inc. on behalf of Primary Record, to contact the necessary health care provider, insurance provider, or other holder of such information (including an Electronic Health Record provider (an EHR)) to obtain such records and store them on your Account.
Through the Site, you may have the ability to grant others the right to access the health records stored on your Account (for example, you may be able to grant a spouse, child, or parent who also has an Account on the Site to view and access the medical records held in your Account). You acknowledge that if you grant any other user access to the records in your Account, their access will continue unless and until you revoke it, and that user will be able to see any additional documents that you add to your Account (or if such option is made available to you and you opt into the same, any documents that are automatically added) after granting such access.
The Site is intended to provide you with a convenient location to store and access your medical records; however, you should not use the Site as your sole storage method for medical records. We do not control all aspects of the internet and there could be instances where your medical records are deleted or where the files held on our Site are damaged. You are responsible for keeping backup records of any data stored on the Site and/or ensuring that your records also remain available in a back-up location.
You acknowledge that health records that you add to your Account are not reviewed by Primary Record. If you have any questions regarding your health records, you should direct those to the applicable provider.
Age and Location Restriction
By agreeing to these Terms, you represent that you are at least the age of 13. We may choose not to offer this Site to individuals under the age of 13. If you are under the age of 13 and desire to create an Account, please reach out to us via email at support@primaryrecord.com; prior to approving the creation of your Account, we may require parental consent.
The Site is controlled, operated and administered by Primary Record from our offices within Indiana, USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Primary Record’s content accessed through the Site in any country or in any manner where the same is prohibited by any applicable laws, restrictions, or regulations.
Use Restrictions
All Users agree to comply with all applicable laws and regulations in your use of the Site and Services. Users shall not (i) use the Site in any manner that damages, disables, overburdens, or impairs the Site or interferes with any other party’s use of the Site, or in any other manner that is unlawful or prohibited by this policy; (ii) create an Account for anyone other than yourself or use a false identity to obtain an Account, log into an account other than your Account, or give or allow anyone else access to your Account; (iii) access data of a third party not intended for you, or attempt to gain unauthorized access to the Services; (iv) lease, distribute, license, transfer, sell, or otherwise commercially exploit the Services or your access to the same; (v) use the Site or access the Services for any unlawful or unintended purposes; (vi) transmit any worms or viruses or any code of a destructive nature; or (vii) use the Site or our Services in any manner that violates or assists in violating any laws in your jurisdiction; (viii) access or attempt to access our Services through any means other than through the interface which is provided by Primary Record for use in accessing our Services.
Termination of Access
A breach or violation of any of the Policy will result in an immediate termination of your Account as well as the termination of your ability to use any other services offered via the Site. We have the right, but not the obligation, to restrict, suspend or terminate your access to all or any part of the Site in our sole discretion at any time and for any reason without giving you any prior notice, including if we believe you have violated this Policy, present harm to another user or third party, or if your actions could result in liability to Primary Record or any other party. You agree that we will not be liable to you or any third party for taking any of these actions.
Creating an Account
When you create an Account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity without the consent of Primary Record; please reach out to [email] to request such consent. Primary Record is not responsible for third party access to your Account that results from theft or misappropriation of your Account log-in details. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.
Furthermore, you hereby acknowledge, understand and agree to:
- (a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the Account registration process, and
- (b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If you provide any information of a false, untrue, inaccurate or incomplete nature, we may suspend or terminate your Account, and may refuse any and all current or future use of the Site.
Conduct and User Content
The Site may provide the ability for Users to post content to the Accounts or webpages of other Users, in the event that such Users have mutually granted the other permission or access to do so. Without limiting the generality of any other restrictions in this Policy, no User should ever use the Site to offer medical advice or to attempt to interpret any health records of another person.
You acknowledge, understand, and agree that you are responsible for all information, text, data, photographs, video, messages, tags, hyperlinks, and any other content you transmit through the Site, whether posted publicly or posted to the Account page of another User. Primary Record never guarantees the accuracy, integrity or quality of such content, nor is Primary Record responsible for reviewing such content before it is live and available to other Users via the Site.
Content posted by another User constitutes only the opinion or statement of such User, and does not reflect the opinion of Primary Record of another User. Primary Record herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services; however, we are not required to pre-screen any content, and any action we may take to pre-screen your content does not constitute our approval of your content, or relieve you from the responsibility of complying with this Policy in all respects. We reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members.
By use of our Services, you may be exposed to content that is incorrect or incomplete, or which you otherwise find inappropriate or offensive. Primary Record is not responsible for any loss or damage which may occur if you click on hyperlinks or otherwise navigate to third party websites suggested by other Users. You may report content that you believe does not comply with this Policy, and Primary Record will take any action (or not take any action) deemed appropriate by Primary Record in its sole discretion.
Further, you herein agree not to make use of the Site for the purpose of: (i) uploading, posting, emailing, transmitting, or otherwise making available any content that would be reasonably viewed as harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; (ii) causing harm to Primary Record, other Users, or other individuals in any manner whatsoever; (iii) impersonating any individual or entity, or falsely stating, implying, or otherwise misrepresenting any affiliation with Primary Record or a third party; (iv) infringing upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party, or otherwise uploading or transmitting content which you do not have the right to upload or transmit; (v) offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation; (vi) interfering with or otherwise negatively affecting another User’s use of the Site; (vii) interfering with or disrupting any of our Services or the servers and/or networks that may be connected or related to our Site; (viii) intentionally or unintentionally violating any local, state, federal, national or international law, including but not limited to not to violating U.S. or other applicable export and/or import laws; (ix) stalking or harassing another individual; and/or (x) collecting or storing of any personal data relating to any other User.
Intellectual Property
You will not attempt to copy, reproduce, transmit, distribute, reverse engineer, create derivatives, or in any way exploit any of the of the Primary Record Content, whether for your own use or to provide the same to third parties. We reserve all rights not expressly granted herein. Primary Record content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content. You will use the Site and the Primary Record Content solely for your personal use, and will make no use of any such content without the express written permission of Primary Record. You agree that you do not acquire any ownership rights in any protected content. You agree not to attempt to alter or change the Site in any manner, nature or form, and not to use any modified versions of the Site, including and without limitation, for the purpose of obtaining unauthorized access to our Services.
You agree that if you provide to us any comments, suggested revisions, additions, ideas, developments, or concepts, whether as to the Services generally or to any specific Primary Record Content, such feedback shall be the sole and exclusive property of Primary Record, and you will have no right, title or interest of any kind or nature therein or thereto, or in and to any results and proceeds therefrom.
Those areas of the Site which may be deemed “publicly accessible” are those such areas which are meant to be available to the general public, including general message boards and groups that are openly available to Users. If you post content to any publicly accessible area of the Site, you acknowledge that such content will be publicly available to any other User of the Site, and you have no expectation of privacy or confidentiality in such information. You hereby grant Primary Record the right and license to use such information for any purpose deemed appropriate by Primary Record.
Payment and Billing
If you access any Services which require payment, as presented to you prior to the use of such Services, you agree to pay Primary Record the amounts presented to you should you decide to access such Services. If you agree to a subscription service, you agree that we may continue to charge your payment method on file on the periodic basis presented to you without further approval from you. You agree that you should immediately update your payment information through your Account in the event that it changes, to prevent the loss of access to your Account or the Services. Any fees we may charge are exclusive of all taxes imposed by taxing authorities, and you shall be responsible for payment of all such taxes.
If you desire to terminate your Account, you should do so via the termination processes provided to you on the Site, and not by cancelling your payment method or revoking our right to bill such payment method. All payments for the Services are final and non-refundable. You will have access to the Services you paid for through the last day covered by such payment or periodic payment; we will not issue partial or pro rata refunds if you terminate your Account mid-cycle.
We may use a third party payment processor to process your payment. Such third party payment processor may have their own terms of service, privacy policy, or other policies. If you have questions about our third party payment processor, please contact us. As of the date that this Policy was last updated, we use Stripe to process your payments.
There is no reason to ever file a chargeback or any other reversal of a credit/debit card charge. If you feel there has been a mistaken charge on your Account or via your payment method, reach out to us directly. If you chargeback a payment initiated by you or approved by you, you agree that we may recover the amount of the chargeback, plus any fees levied against us by a payment service provider.
Indemnity
You hereby agree to indemnify and hold harmless Primary Record and our subsidiaries, directors, affiliates, agents, employees, officers, and representatives from all claims, damages, liabilities, and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Policy, (ii) any violation by you of any applicable law or the rights of any third party in your use of the Site or our Services, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of or participation in the Services and your conduct related thereto; and (v) an allegation by a third party, whether an individual, entity, governmental agency, or any other party, that you did not have the right to access, store, or use the medical records that you upload to or access through the Site. Primary Record reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Primary Record in asserting any available defenses.
Waiver
You agree to waive any claims or damages you may have against Primary Record and our subsidiaries, directors, affiliates, agents, employees, officers, and representatives arising from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way of your use of the Site or our Services, including but not limited to: (i) any content another User of the Site may submit, post, modify, transmit or otherwise make available through our Services, (ii) transmission of your data by or through a third party; (iii) any alteration, modification, suspension and/or discontinuance of our Services; (iv) the loss of your data or records through the loss of your Account or if we stop providing certain of or all of the Services; and (v) the violation of this Policy by another User.
Warranty Disclaimers
THE USE OF THE SITE AND SERVICES ARE AT YOUR SOLE RISK, AND ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PRIMARY RECORD AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PRIMARY RECORD AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT ANY RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE OR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; OR (v) THAT ANY ERRORS CONTAINED IN THE SITE WILL BE CORRECTED.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF THE SERVICES SHALL BE ACCESSED IN YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OR DISPLAY OF ANY SUCH INFORMATION OR MATERIAL.
NO ADVICE AND/OR INFORMATION THAT MAY BE OBTAINED BY YOU FROM PRIMARY RECORD IN ANY FORM CREATES ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS.
Limitation of Liability
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT PRIMARY RECORD AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS, WILL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, COST OF REPLACEMENT SERVICES, CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS OCCASIONED BY ANY DEFECT IN THE SITE OR SERVICES, UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA, THE INABILITY TO USE SERVICES, OR ANY OTHER CAUSE WHATSOEVER, REGARDLESS OF THE THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE PARTIES HAVE BEEN ADVISED OR MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, SHOULD PRIMARY RECORD BE FOUND LIABLE TO ANY USER UNDER ANY CLAIM OR CAUSE OF ACTION, EACH USER AGREES THAT IN ANY CASE, THE MAXIMUM AMOUNT OF DAMAGES THAT PRIMARY RECORD MAY BE LIABLE FOR ARISING FROM THIS AGREEMENT OR THE USE OF THE SITE OR SERVICES WILL NOT EXCEED THE GREATER OF $100.00 OR TOTAL AMOUNT PAID TO PRIMARY RECORD DIRECTLY BY THE USER DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, PRIMARY RECORD’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF SUCH JURISDICTION.
Time to Bring a Claim
YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR ACTION ARISING OUT OF OR RELATED TO THE USE OF OUR SITE OR SERVICES MUST BE FILED WITHIN 1 YEAR AFTER SAID CLAIM OR CAUSE OF ACTION AROSE, OR SHALL BE FOREVER BARRED.
Modifications
Primary Record reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, the Site or the Services offered, or any part thereof, with or without prior notice.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.
Termination
You may cancel or terminate your Account either through your Account if that option is made available to your, or by submitting a cancellation or termination request to: support@primaryrecord.com.
Third Party Services
Either Primary Record or a third party (including other Users) may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Primary Record is not be responsible or liable to you, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such third-party site or resource.
Notice
If you feel that any User-uploaded content to the Site infringes your copyrighted work, you may provide to us the following information:
- (i) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- (ii) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- (iii) A description of the location of the site which you allege has been infringing upon your work;
- (iv) Your physical address, telephone number, and email address;
- (v) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
- (vi) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Primary Record agent for notice of claims of copyright is as follows. If you have any other alleged claims of intellectual property infringement on the Site, you may submit them to the address below as well.
Primary Record Inc.
PO Box 7036
Fishers, Indiana 46038A
Telephone: 317-210-0644
Email: support@primaryrecord.com
Entire Agreement
This Policy and any terms incorporated herein by reference constitutes the entire agreement between you and Primary Record Inc. and shall govern the use of our Site and any other Services, superseding any prior version of this Agreement between you and us with respect to the Site and Services. You may also be subject to additional terms and conditions that may apply when you use, purchase, or access third-party services through our Site or Services.
Choice of Law and Forum
It is at the mutual agreement of both you and Primary Record Inc. with regard to the Policy that the relationship between the parties shall be governed by the laws of the state of Indiana, United States, without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Policy, or the relationship between you and Primary Record Inc., shall be filed within the courts having jurisdiction within Indiana, including the U.S. District Court located in said state as applicable. You and Primary Record Inc. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms
At any time, should Primary Record Inc. fail to exercise or enforce any right or provision of the Policy, such failure shall not constitute a waiver of such right or provision. If any provision of this Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Policy remain in full force and effect.
Non-Transferability
You acknowledge, understand, and agree that your account is non-transferable, unless we have consented to the transfer of your Account as described above. Any rights to your Account and/or contents within your Account shall terminate upon your death. Upon request by a deceased User’s legal representative, and receipt of a copy of a death certificate by Primary Record, along with any other information which may be requested by Primary Record in its discretion, the deceased User’s Account will be terminated and all contents therein permanently deleted. In our sole discretion, we may agree to transfer the Account of a deceased User to the deceased User’s legal representative, subject to any applicable laws, and subject to such deceased User’s legal representative agreeing to this Policy and creating a new Account if requested by Primary Record.
Questions
You may reach out to us with any questions, or report any suspected violation of this Policy by any party, to us at the address provided below:
Primary Record Inc.
PO Box 7036
Fishers, Indiana 46038A
Telephone: 317-210-0644
Email: support@primaryrecord.com