Last modified: November 10, 2022
Services Provided – No Medical Care or Advice by DrOwl
DrOwl summarizes and displays your medical record to you and authorized individuals. You acknowledge and agree that the results of this Service is not a complete medical record, but an abbreviated version. DrOwl is under no duty to maintain or review your record to ensure its accuracy and completeness. If you have a question about your medical record, you must contact your Provider.
DrOwl does not provide medical advice or care. The content of the Site and the Services is for general informational purposes only. This includes, without limitation, text, audio, video, links, and all graphics. It does not constitute professional medical advice, diagnosis, or recommendations of any kind. Any content displayed or linked on the Site is provided at the direction of third parties, not DrOwl. You should seek the advice of a qualified health care professional with any questions or concerns. No information provided by DrOwl is intended to create a provider-patient relationship under state or federal law. While DrOwl allows you to share data with others, allows others to share data with you, and allows communication within the app, DrOwl is not responsible for the content of your communications. You are responsible for the information you share with other users or people and it is your choice who you choose to share information with or communicate with in the app.
Not for Emergencies
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
DrOwl’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything on the Site. If you believe you have an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended or needed. You should continue to consult with your primary provider as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition. This includes before stopping, starting, or modifying any treatment or medication.
Availability of Services
DrOwl operates subject to state and federal regulations. As such, Services may not be available in your state. You represent that you are not barred from receiving the Services under the laws of the United States, or other applicable jurisdictions. Access to and use of the Site or the Services is limited to users located within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
DrOwl’s Services are available to individuals of all ages. Please note, individuals under the age of 18 must first obtain permission from a parent or guardian prior to the use of any DrOwl Service.
Eligibility; Site Access, Security and Restrictions; Passwords
You agree to fully, accurately, and truthfully create your DrOwl Account (“Account”). This includes, but is not limited to, your name, mailing address, phone number, email address, and password. These will become your DrOwl ID and credentials. The DrOwl ID and credentials are personal to you. You are responsible for the confidentiality of your ID or credentials, and for all activities that occur under such. You agree to prohibit anyone else from using your DrOwl ID or credentials. You agree to immediately notify DrOwl of any actual or suspected unauthorized use of your Account, or other security concerns. Your access to the Site may be revoked by DrOwl at any time with or without cause.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. DrOwl may investigate occurrences that may involve such violations. It may involve, and cooperate with, law enforcement authorities in prosecuting violating users. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
When you use the Site or Services, you are communicating with us electronically. This includes, without limitation, sending communications from your desktop or mobile device. You consent to receive communications from us electronically. You agree that all agreements and consents can be signed electronically. You agree all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices. DrOwl may contact you by telephone, mail, or email to verify your Account information. DrOwl may request further information from you. You agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
Consent to Receive Calls and Text Messages and Video Recording
By providing your mobile number, you are agreeing to be contacted by or on behalf of DrOwl at the mobile number you have provided. This includes calls and text messages. Message and data rates may apply. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service or respond. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you. If you stop receiving text messages from us, you may not receive important and helpful information about your Services.
Ownership of the Site and Related Materials; Additional Restrictions
All pages within this Site and any material for download are the property of DrOwl, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.
In order to access the Site, you represent and warrant that you are 18 years of age or older, or have obtained the required permission(s). Please do not provide any personal information about yourself to us, unless we have received prior verifiable consent from a parent or guardian. If we learn that we have collected personal information from someone under the age of 18 without appropriate permission, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18 without prior verifiable consent from a parent or guardian, please contact us at firstname.lastname@example.org or call us at (505) 348-8700.
Notwithstanding the above, DrOwl does not knowingly collect or solicit any information from anyone under the age of 13 without receiving prior verifiable consent from a parent or guardian. In the event that we learn that we have inadvertently collected personal information from a child under the age of 13 without prior verifiable consent from a parent or guardian, we will delete that information immediately. If you believe that we might have any information from a child under the age of 13 without prior verifiable consent from a parent or guardian, please contact us at privacy@DrOwl.com.
Accuracy of Information; Functionality
DrOwl attempts to ensure the integrity and accurateness of the Site and Service descriptions. It makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible that the Site could include errors, and that unauthorized alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform DrOwl so that it can be corrected. Information contained on the Site may be changed or updated without notice. DrOwl shall have no responsibility or liability for information or content linked, posted to, or otherwise made available through the Site from any non-DrOwl affiliated third party. This includes any content from third party applications, or other sources made available.
DrOwl reserves complete and sole discretion on the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or regarding the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services. We will act in accordance with our internal record retention or destruction policies.
Links to Other Sites
DrOwl makes no representations whatsoever about any other website that you may access through this Site. When you access a non-DrOwl site, please understand that it is independent from DrOwl. DrOwl has no control over the content on that website. A link to a non-DrOwl website does not mean that DrOwl endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to ensure that whatever you use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do so at your own risk.
If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited communication. You represent and warrant to DrOwl that you have the legal right and authorization to provide all User Information.
DrOwl may de-identify your information. As such it may no longer be protected health information or personally identifiable information. DrOwl may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
Notwithstanding the above, DrOwl and its affiliates do not sell any information related to the use of the DrOwl screening or check in tool. This information is only shared with entities that you choose and any public health agency that requires disclosure.
You agree not to: (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to DrOwl; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Site or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.
Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
DrOwl respects the intellectual property rights of other. It expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement. Please report to DrOwl’s Designated Copyright Agent, as identified below.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Copyright Notice”) complying with the following requirements.
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
DrOwl Health Technologies, LLC
c/o Becky Raichur
6501 Americas Parkway NE, Suite 800
Albuquerque, NM 87110
With the exception of your electronic medical record, DrOwl retains all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by DrOwl. The information available through the Site and the Services is the property of DrOwl. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of DrOwl trademarks, service marks, and logos are strictly prohibited without the prior written permission of DrOwl. The immediately foregoing sentence also applies to any third-party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by DrOwl or the third-party owner of such trademarks, service marks, or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
DrOwl may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
CAN-SPAM Act and Telephone Consumer Protection Act Compliance
DrOwl are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth above. Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive a communication from us which you do not believe is fully compliant, please contact us.
You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit DrOwl products or services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not: (a) infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); (b) propagate computer worms or viruses; (c) use a false identity; (d) attempt to gain unauthorized entry to any site or network; or (e) infringe copyrights, trademarks, or other intellectual property rights.
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold DrOwl and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold DrOwl and its affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against DrOwl or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your Account will be terminated for any of the above infractions.
Disclaimer of Warranties
DROWL DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. DROWL DOES NOT WARRANT THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS.” THIS IS WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THIS IS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. DROWL DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. DROWL DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY DROWL ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY DROWL OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. DROWL DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU.
Limitation of Liability Regarding Use of Site
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
DROWL AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF DROWL TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
No Third-Party Rights
Dispute Resolution; Arbitration Agreement
We will try to work in good faith to resolve any issue you have with the Site. This includes Services ordered or purchased through the Site, if you bring that issue to our attention. We realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
If you desire to assert a claim against DrOwl, you must first send to DrOwl, by certified mail, a written notice of your claim (“Notice”). The Notice to DrOwl should be addressed to: DrOwl Health Technologies Center, LLC, Attn: Legal, 6501 Americas Parkway NE, Suite 800, Albuquerque, NM 87110 (“Notice Address”). If DrOwl desires to assert a claim against you, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by DrOwl, must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand”). If DrOwl and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or DrOwl may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by DrOwl or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after DrOwl receives notice at the Notice Address that you have commenced arbitration, it will reimburse you for your payment of the filing fee, unless your claim is for more than US $2,000.
YOU AND DROWL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY. CLAIMS MAY NOT BE BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DrOwl agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief. Relief may be only to the extent necessary to provide relief warranted by that party’s individual claim.
Application Support; Functionality
Direct all questions and requests relating to Site support to DrOwl. To submit a support request, please email us at email@example.com or call us at (505) 348-8700.
The Select Third Parties, as defined herein are not responsible for providing support may not be contacted for support. DrOwl will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Site at any time, without notice.
Modified Devices and Operating Systems
DrOwl will have no liability for errors, unreliable operation, or other issues resulting from use of the Site on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Site on Modified Devices will be at your sole and exclusive risk and liability.
No Liability for Select Third Parties
Copyright ©2022 DrOwl Health Technologies, LLC. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
How to Contact Us:
DrOwl Health Technologies, LLC
6501 Americas Parkway NE, Suite
800 Albuquerque, NM 87110
Telephone: (505) 348-8700