Last revision: July 5, 2024
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
A) Use of the Site.
Aetos Healthcare LLC. (“Aetos”, “we”, “us”, or “our”) operates the website located at www.aetoscare.com and and mobile applications with links to these Terms of Use (collectively, the “Site”). We offer Remote Patient Monitoring for people with chronic health issues whose doctors (Providers: MD, ARNP, DO, PA) would like daily monitoring of certain vital statistics registered through a medical device. Aetos provides a connection through online remote monitoring and telehealth services (the “Connection”) enabling our members (“Patients”) to report their health history and engage their healthcare professionals. By accessing and using this Site, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or the Services.
Your interactions with Aetos professionals and our portal are not intended to replace of your scheduled visits with your regular health care practitioners. Your daily monitoring is intended to supplement your relationship with your Healthcare Provider by providing your Provider with more information to develop more accurate treatment plans.
B) Healthcare Services.
Aetos Healthcare LLC. does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession by Healthcare Professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Aetos Healthcare, LLC works with your Healthcare Provider to help them provide better healthcare. Neither Aetos Healthcare LLC nor any third parties who promote their Services or provide you with a link to their Services shall be liable for any professional advice you obtain from a Healthcare Professional via their Services.
C) Site Content.
None of the Site content should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. This includes testimonials, examples, and any marketing material. The contents are a resource to help the healthcare plan developed by your Healthcare Provider.
D) Privacy
Aetos Healthcare LLC, as Medical Health Collector, and any of its affiliates are required to comply with federal healthcare privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to your Healthcare Professional through daily monitoring is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy. We devote considerable effort toward ensuring that your personal information is secure. As part of providing you the Connection, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of your Account. While secure electronic messaging is always preferred to unsecure email, under certain circumstances, unsecured email communication containing personal health information may take place between you and Aetos. Aetos does not ensure the security or confidentiality of any messages sent by email, or on rare occasions through the US Postal Service. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by the independent Healthcare Providers used by Aetos. As a member you may request your medical records which Aetos will request from its independent Healthcare Providers to be sent directly to you.
Medical Health Collector; Business Associate of HIPAA complaint Healthcare Providers; past medical records are not stored on our servers but must be obtained through the Healthcare Provider
E) Prohibited Conduct.
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit; provide information that is untrue, inaccurate, not current, or incomplete; transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful; transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others; reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Services to anyone without prior express permission; engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information; take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure; use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network; attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Services; or engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type. 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 (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Aetos and its Providers that you have the legal right and authorization to provide all User Information, including health information, to Aetos and its Healthcare Providers for use as set forth herein and required by Aetos and the Healthcare Provider.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
F) User Accounts.
Your Healthcare Provider will provide you with a link to register on the Site. You are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by Aetos (collectively known as “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information, you upload to the Site, will be true, accurate, current, and complete. Each member can only create one Account (with the exception of subaccounts established for dependents of whom you are the parent or legal guardian). You may not transfer or share your Account password with anyone. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Aetos reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall Aetos Healthcare LLC be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.
Portability of Records
In the event that a different or additional healthcare providers is added to the care of the patient, there may be a need to transfer your medical records and/or history from the initial Medical Provider, and the compliant third-party servers that they utilize, to the new or additional medical provider who is also required to use third-party compliant servers. Aetos reserves the right to be enabled to transfer your records from one of its Medical Provider’s compliant server to another’s Medical Provider’s server. This is the meaning of agreeing to Portability of Records.
Use of the Services by Children/Dependents.
The Services are available for use by children/dependents, but the Member for all patients (those under the age of 18 or those who legally have a guardian due to limited capacity) must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.
Access Rights.
We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason permitted by law. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services; (d) distribute viruses or other harmful computer code through the Site or (e) otherwise use the Services in any manner that exceeds the scope of use granted herein. You further agree that you will not misrepresent the device used to submit biometric information or any other detail or part of your health plan.
In connection with using the Site and the Services to locate and schedule appointments with Healthcare Providers, you understand that (i) you are responsible for choosing your own Healthcare Provider, (ii) Aetos will provide you with lists and/or profile previews of Healthcare Providers who may be suitable to deliver the healthcare that you are seeking based on information that you provide to Aetos (such as proximity to your geographical location, and specialty of your desired provider), (iii) Aetos may provide information about Healthcare Providers based on your actual geographical location, (iv) Aetos uses reasonable efforts to ensure that Healthcare Providers only participate in the Services if they hold all active licenses required by law to practice the specialties of the services offered by them and that they are not excluded from participation in the Medicare and Medicaid programs, (v) you are ultimately responsible for choosing your particular Healthcare Provider, and (vi) Aetos Healthcare LLC. does not recommend or endorse any Healthcare Providers or their specific advice, procedures, opinions or other information that may appear through the Services. Aetos (through medical records compliant server providers) will provide your information to your selected Healthcare Providers for use and retention in their medical records. Aetos Healthcare LLC may further contact you to evaluate your experience with Healthcare Providers as well as Aetos Healthcare LLC. We may also need to contact you to provide information and notices related to the maintenance of your account with us, and these contacts are not optional.
Aetos Healthcare LLC. makes no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work, or other information herein. Furthermore, Aetos Healthcare LLC. does not in any way endorse or recommend any individual Healthcare Provider listed on the Site. Aetos Healthcare LLC. shall have no liability for advice, opinions, or services rendered by any Healthcare Provider.
G) Additional Terms and Conditions.
Certain of the Services may have additional terms, such as policies, guidelines, and rules that will further govern your use of that particular Service and supplement these Terms of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.
H) Changes to These Terms of Use.
We may change these Terms of Use at any time, as we reasonably deem appropriate. Upon any change in these Terms of Use, we will post the amended agreement on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and the Services following such posting shall constitute your affirmative acknowledgement of the Terms of Use, the modification, and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following any such modifications hereto, then you agree not to use the Site.
I) Changes to Services.
We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the users of new services will be governed by these Terms of Use. You agree that Aetos Healthcare LLC. will not be liable to you or any third party for any suspension or discontinuation of any of the Services.
J) Links to Other Sites.
The Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and the provision of these links does not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
K) Additional Information Submitted by You.
You agree that we are free to use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services.
L) No Spam.
You may not use contact information provided by our users, or collect information about our users, to facilitate the sending of unsolicited bulk communications such as SPAM or allow others to use your account to take such actions. We may immediately terminate your access or use of the Site and the Services and take any other legal action if you or anyone using your Credentials violates these provisions.
M) Member Responsibilities.
Aetos member responsibilities include, but are not limited to the following:
Review and comply with the terms and conditions of this Agreement and any additional terms of use required by the third-party server providers, your independent Healthcare Provider, or Aetos; Promptly update any information provided to Aetos as necessary, such as your email address. You understand and agree that Aetos may send you information and notices regarding your Account and the Services through the email address you provide and consent to receive such information and notices by these means; Be responsible for the security of your user name and password and not allow anyone else to use your username or password; Promptly notify Aetos if you suspect or become aware of any unauthorized use of your username or password, or any other breach of security involving your Account; and You will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. No unlawful or prohibited use of our Services
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Aetos server, or the network(s) connected to any Aetos server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Aetos server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. Use of the Services does not give you ownership of any intellectual property rights in the Services or the content you access.
N) Disclaimer of Warranties.
WE PROVIDE THE SITE AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AETOS HEALTHCARE LLC. MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. AETOS HEALTHCARE LLC. DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
O) General Limitation of Liability.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE AND THE SERVICES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND THE SERVICES EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
P) Termination.
We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Site by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period. Aetos Healthcare LLC. shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. You may terminate your account at any time by providing notice to Aetos Healthcare LLC. However, you are not entitled to any refund if you terminate your account. We recommend that you transfer any medical records prior to terminating your account. Once your account is terminated, you may not have access to the Site or any of the Services. Any termination of this Agreement by either you or us shall not affect any of your or our rights and obligations arising before termination or your obligation to pay fees incurred before termination. Any sections of this Agreement that by their nature should survive termination of this Agreement will survive, including those sections relating to indemnification and limitation of liability.
Q) Indemnification.
You agree to indemnify, defend, and hold harmless Aetos Healthcare LLC. and its affiliates, officers, directors, employees, consultants, agents, suppliers, and licensors from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, reasonable attorneys’ fees) arising from your violation of these Terms of Use, the Agreement, or any additional terms of use, your use of the Site or Services, or your infringement of any intellectual property or other right of any person or entity.
R) Miscellaneous.
These Terms of Use, the Agreement, and any additional terms of use constitute the entire agreement between you and us and govern your use of the Site and the Services, superseding any prior agreements between you and us with respect to the Site and the Services. You also may be subject to additional terms and conditions that may apply when you use third-party services, third-party content, or third-party software. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 these Terms of Use remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use will inure to the benefit of our successors and assigns.
S) Medical Disclaimer.
The content of the Site and the Services, including, without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Aetos Healthcare LLC. does not recommend or endorse any specific tests, Healthcare Providers, procedures, opinions, or other information that may appear on the Site. Reliance on any information appearing on the Site, whether provided by Aetos Healthcare LLC., its content providers, its clients, visitors to the Site, or others, is solely at your own risk.
T) Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any legal suit, action or proceeding arising out of, or related to, this Agreement or the Site or Services shall be instituted exclusively in the federal or state courts located in Delaware and you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
U) Contact Information.
If you have any questions about these Terms of Use, the Agreement, or the Site or Services, please contact us at support@aetoscare.com
Aetos Healthcare LLC.
Attn: Legal Department
254 Chapman Rd Ste 208 #16191 Newark Delaware 19702
These Terms of Use were last updated on July 1, 2024.