The HOOS® Health Check mobile application (the “Application”) is licensed, not sold, to you. As used in this agreement, “You” and “Your” refer to the person that wishes to use the Application. Your license to this Application is subject to your prior acceptance of these Terms and Conditions (“Terms and Conditions”) and you agree that these Terms and Conditions will apply to your use of this Application. Your license to this Application under these Terms and Conditions is granted by The Rector and Visitors of the University of Virginia (“UVA”). UVA reserves all ownership and intellectual property rights in and to the Application.

  1. SCOPE OF LICENSE. UVA grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to run the application on your mobile device solely for the purpose of providing a personal daily health check and reporting COVID-19 symptoms. This license does not allow you to use the application on any device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of UVA’s rights. If you breach this restriction, you may be held liable, including for damages. You are not permitted to use the Application for any purpose other than as expressly permitted under these Terms and Conditions. You acknowledge that the UVA may audit your use of the Application.
     
  2. COPYRIGHT. Except as otherwise indicated, all content in and on the Application, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of UVA and is protected by copyright law. UVA allows you to view or download a single copy of the material on the Application solely for your personal, noncommercial use. Unless specifically authorized in writing by UVA, any use of these materials, or of any materials contributed to the Application by entities other than UVA, on any other Web site or networked computer environment for any purpose is prohibited.
     
  3. CONSENT TO USE OF USER DATA. You agree that UVA and Your mobile services provider may collect, store, process, maintain, upload, sync, transmit, share, disclose and use certain data and information, including but not limited to information or data regarding the characteristics or usage of your mobile device, system and application software, and peripherals, as well as personal information, user location data and user content (collectively, “User Data”) to facilitate the provision of the services or functionality of the Application. Those services or functionality may include but are not limited to authentication, performance optimization, software updates, product support and other services to you related to the Application or to otherwise improve UVA’s ability to services related to the Application. You acknowledge that use of the Application may result in User Data being transmitted between your device and a database service designated by your mobile services provider and/or transmitted or disclosed to or accessed by UVA. Without limiting the foregoing, you acknowledge that: (a) information regarding the hardware model and the software version of the device on which you are running the Application may be collected, transmitted to and stored on a database server designated by Your provider, may be transmitted to UVA and may be used to make changes, updates or improvements to or optimize the performance of the Application or to otherwise inform future development; and (b) audit logs reflecting your logins, logouts and the activities you have accessed through your use of the Application may be generated in connection with your use of the Application may be collected, transmitted and stored on a database server designated by Your provider. Your User Data may also be made available to UVA for troubleshooting. By using this Application, YOU EXPRESSLY CONSENT TO THE FOREGOING COLLECTION, STORAGE, PROCESSING, MAINTENANCE, UPLOADING, SYNCING, TRANSMITTING, SHARING, OR DISCLOSURE OF USER DATA. By continuing to use the Application, you indicate your continued consent to such collection, storage, processing maintenance, uploading, syncing, transmitting, sharing, or disclosure of User Data as well as collection, storage, transmission and use of personal information of the type and in the manner described in the HOOS Health Check Privacy Policy located at https://hit.healthsystem.virginia.edu/hoos-health-check/privacy-policy.
     
  4. THIS APPLICATION DOES NOT PROVIDE MEDICAL ADVICE. This Application does not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. The contents of the Application (collectively the "Content"), are for informational purposes only. THE CONTENT PROVIDED IN THIS APPLICATION IS NOT A SUBSTITUTE FOR THE ADVICE OF YOUR PROFESSIONAL PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL SYMPTOM OR A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR SEEN IN THIS APPLICATION. IF YOU THINK YOU HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY, CALL 911 OR GO TO THE NEAREST HOSPITAL.
     
  5. CHANGES AND UPDATES. UVA may revise the information in this Application, or otherwise change or update the Application (including these Terms and Conditions), without notice to you. UVA may make improvements and/or changes in services and functionalities or add new features at any time without notice. You are encouraged to read these Terms and Conditions periodically to see if there have been any changes to our policies that may affect you. Your continued use of this Application will signify your continued agreement to these Terms and Conditions as they may be revised.
     
  6. LINKS TO THIRD PARTY APPLICATIONS. The Application provides links to other websites, applications, or content that are not owned or controlled by UVA, including information from the Centers for Disease control and COVIDWISE ("Third Party Providers"). These links are intended to connect you easily to additional sources of health information or third party services that may be of interest to you. Such links are offered only as a convenience to you. UVA is not responsible for the content, security or the privacy practices of Third Party Providers. Please review the privacy statement and any terms of use of each Third Party Providers you use. Unless we specifically advise you otherwise, links to Third Party Providers do not constitute or imply endorsement by UVA of those sites, the information they contain or any products or services they describe.
     
  7. DISCLAIMER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION AND YOUR RELIANCE ON THE OPERATION, OUTPUT OR RESULTS OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (THE “APPLICATION SERVICES”) ARE PROVIDED “AS IS” AND “AS “AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND UVA DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY APPLICATION SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. UVA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION. UVA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN, OR APPLICATION SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR APPLICATION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR APPLICATION SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UVA , ITS AUTHORIZED REPRESENTATIVE, OR YOUR PROVIDER SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR APPLICATION SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
     
  8. LIMITATION ON LIABILITY. UVA, not any provider through which you obtain the Application, is responsible for addressing any claims relating to the Application or the YOUR possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. HOWEVER, UVA, ITS AFFILIATES, AND SUPPLIERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE APPLICATION, CONTENT OR INFORMATION CONTAINED WITHIN THE APPLICATION, AND/OR ANY THIRD PARTY WEB SITE, 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 THIS APPLICATION, APPLICATION SERVICES, AND/OR THIRD PARTY WEB SITES IS TO STOP USING THE APPLICATION AND/OR THOSE SERVICES. Nothing in these Terms and Conditions constitutes a waiver of sovereign immunity.
     
  9. TERMINATION. These Terms and Conditions are effective until terminated. Your rights under these Terms and Conditions will terminate automatically without notice from UVA if you fail to comply with any of these Terms and Conditions. Upon termination for any reason, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
     
  10. MAINTENANCE AND SUPPORT: You acknowledge that the service provider from which you download the Application has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
     
  11. THIRD PARTY BENEFICIARY. You agree the service provider from which you download this Application is a third party beneficiary to these Terms and Conditions and that, upon your acceptance of these Terms and Conditions, it will have the right (and will deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.