Terms of Use for the Ametros Member Portal

The following Terms of Use (“Terms”) govern your use of this online Member Portal (“Portal”). These terms are applicable to Portal access for all Ametros’ products and services, including but not limited to: CareGuard and Amethyst.

If you do not accept these Terms, you must refrain from using the Portal. If you continue to use the Portal, you will be deemed to have accepted these Terms. These Terms must be read in conjunction with any other applicable terms and warnings governing the use of this Portal.

We may modify this agreement at any time, and such modifications will become effective immediately upon posting the modified Terms of Use on the Portal. Any use of the Portal by you after any such modified Terms of Use have been posted will be deemed acceptance by you of those modified Terms of Use.

By using the Portal, you indicate that you understand and intend these Terms to be the legal equivalent of a signed, written contract, and equally binding, and that you accept such Terms and agree to be legally bound by them. If you do not agree with the Terms, you are not granted permission to use the Portal and should exit immediately.

Accessing and using information on this Portal

In order to access the information offered on this Portal, you, the Member (individual who has contracted Services with Ametros – referred to as “Member”) may need to use a specific user ID, email address or other login information, such as a password (“Login Information”). A Member who is authorized to use the Portal is referred to as a “User” or Users.”

You must not disclose your Login Information to any person or otherwise allow any person to access the Portal using your Login Information.

If you are not the individual who is the Member you are not permitted to access the Portal. You, as a Member, shall only access the Portal through the designated and assigned ID Ametros provided and not for any other individual other than yourself. If you are a provider or any other third-party you are not permitted to access the Portal on the Member’s behalf.

You must not access or use this Portal for any purpose that is unlawful or prohibited by these Terms.

You must take your own precautions to ensure that the process which you employ for accessing this Portal does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Portal or any linked website.

Ametros reserves the right to terminate your ability to access this Portal if you breach these Terms or for other reasons Ametros, at its sole discretion, deems appropriate.

Warnings regarding information on this Portal

The information contained on this Portal is provided by Ametros in good faith on an “as is” basis and all Users must verify the information before using the information. Ametros does not make any representation or warranty that the information contained on the Portal is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Portal.

You should make your own inquiries and seek advice or confirmation before acting or relying on any information or material which is made available to you pursuant to the Portal.

Privacy Statement

Ametros has a Privacy Policy disclosing what information we collect about visitors, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have information about you collected or used. This can be found at : https://ametros.com/terms-of-use-and-privacy-policy

No Medical Services or Healthcare Advice

Nothing contained, expressed or implied in the Portal is intended as nor shall be construed as medical advice. No doctor-patient relationship is established between Ametros and the User by reason of your use of this Portal or under any circumstances whatsoever. Individual inquiries about medical issues, or sensitive or confidential matters should be addressed to appropriate health care professionals.

No Legal Advice

Nothing contained, expressed, or implied in the Portal is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is established between Ametros and you by reason of your use of this Portal or under any circumstances whatsoever. The information in this Portal is for general informational purposes only. If you have questions about any law, statute, regulation, or requirement expressly or implicitly referenced in this Portal, you should contact your own legal counsel.

Information Security & Confidentiality Cannot Be Guaranteed

Ametros uses various administrative, technical and physical safeguards to protect the security and confidentiality of the information on the Portal. These include encryption, user authentication and access controls, firewalls and virus detection. Despite these and other commercially reasonable measures, we cannot and do not guarantee the security of the information on this Portal. Please be guided accordingly and contact us with questions regarding the security of any information you in this Portal. To contact Ametros with questions about our Information Security and these Terms,

please send email to Ametros at : helpdesk@ametros.com

If you feel your Portal login or password has been compromised, please contact Ametros immediately at 877-361-8849.

Disclaimer of Warranty & Liability

USE OF THIS PORTAL IS ENTIRELY AT YOUR OWN RISK. AMETROS IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE INFORMATION CONTAINED IN THE PORTAL PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AMETROS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS PORTAL.

Information, Corrections & Changes

The Portal may be unavailable from time to time for any reason including, without limitation, routine maintenance. The User understand and acknowledge that the Portal may be interrupted, suspended and terminated from time to time. While we endeavor to keep the information on the Portal up to date, Ametros cannot assume responsibility for any errors or omissions in these materials. Ametros further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Portal. Ametros may make changes to the Portal and the information contained in the Portal at any time without notice and makes no commitment to update the information contained herein. Should you the User find inaccuracies in the Portal it is your responsibility to contact Ametros to alert Ametros of any corrections or changes and Ametros will do its best to update the information so it is amended in the Portal. You may contact Ametros at 877-361-8849 if you feel information in the Portal is incorrect.

Indemnification

You, the User, agree to defend, indemnify, and hold harmless Ametros, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the Portal and any breach by you of these Terms.

Governing Law & Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its choice of law rules. By accessing, viewing, or using the Portal, you consent to the jurisdiction of the federal and state courts presiding in Boston, Massachusetts, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Portal is controlled and operated by Ametros from its offices within the United States. Ametros makes no representation that materials in the Portal are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Portal from other locations do so on their own volition and are responsible for compliance with applicable local laws.

These Terms constitute the entire agreement between you and Ametros with respect to your use of the Portal. If any part of these Terms is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect. You acknowledge that, in providing you access to and use of the Portal, Ametros has relied on your agreement to be legally bound by these Terms.


February 9, 2023