CBOH is committed to creating a transparent and inclusive community but we recognize the potential for users to misrepresent themselves and their health status. Therefore, we ask that you recognize and honor the following guidelines in line with our Terms of Service:
I will not Impersonate or Attempt to Impersonate Any Other Person or Entity or Represent their Personal or COVID Information as My Own.
I will not Upload, Input, or Use Any Information that I know to be False or Fraudulent.
I will not use the Services in any way that Violates any applicable Federal, State, Local, or International Law or Regulation.
I will not Engage in Any Conduct that Restricts or Inhibits anyone's Use or Enjoyment of CBOH, or May Harm the owners and operators of CBOH.
I will not use CBOH to Promote Illegal or Inappropriate Activities
I will not Invade the Privacy of Others, including but not limited to sharing their COVID Vaccination or Testing Information.
We are all in this together.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient's consent or knowledge.
Know the Rules*
HIPAA Privacy Rule
The Privacy Rule standards address the use and disclosure of individuals’ health information (known as “protected health information” or "PHI") by entities subject to the Privacy Rule. A major goal of the Privacy Rule is to ensure that individuals’ health information is properly protected while allowing the flow of health information needed to provide and promote high quality health care and to protect the public’s health and well-being. The Privacy Rule strikes a balance that permits important uses of information while protecting the privacy of people who seek care and healing.
HIPAA Security Rule
While the HIPAA Privacy Rule safeguards protected health information (PHI), the Security Rule protects a subset of information covered by the Privacy Rule. This subset is all individually identifiable health information a covered entity creates, receives, maintains, or transmits in electronic form.
*All information from the Center for Disease Control.
CBOH has HIPAA and best practice privacy standards embedded into our DNA.
Your information is stored in Amazon's S3 databases, which has all the requisite protections to satisfy the HIPAA Security Rule. Our PHI and image upload templates for COVID vaccination and testing have been designed with guidance from the Minimum Necessary Requirements under the HIPAA Privacy Rule as determined by the US Department of Health and Human Services.
You are our priority.
COVID - 19
Special Limitation of Liability During the Coronavirus/COVID-19 Pandemic
CBOH, Inc. (“CBOH”) takes the Coronavirus pandemic very seriously and is built around preventative measures to help reduce the spread of COVID-19. However, CBOH cannot guarantee that you, your family, and/or your guests will not become infected with COVID-19.
It is possible that attending classes, events, and/or activities facilitated on CBOH’s platform may place you in close physical contact with other members, attendees, and staff and could increase the risk that you, your family members, and/or your guests contract COVID-19. By participating on CBOH's platform, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members, and/or your guests may be exposed to or infected by COVID-19 at a CBOH facilitated event and that such exposure or infection could result in personal injury, illness, permanent disability, and/or death. You understand that the risk of becoming exposed to or infected by COVID-19 at a CBOH facilitated event may result from the actions, omissions, or negligence of yourself or others.
By receiving CBOH’s Services, creating an account online, and/or attending in person events, activities, and other programs, to the extent allowed by applicable law, you voluntarily agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll:
To assume all of the foregoing risks related to COVID-19 and accept sole responsibility for any COVID-19 related injury, illness, damage, loss, claim, liability, or expense of any kind (including, but not limited to, personal injury, disability, and/or death) that may occur to you or your family members in connection with attendance at a CBOH facilitated event or as a result of participation in CBOH’s Services (“Claims”),
Covenant not to sue CBOH, Inc., event hosts, event vendors, , and employees for the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto based on the actions, omissions, or negligence of CBOH’s, its employees, and users on the platform whether a COVID-19 infection occurs before, during, or after entering a CBOH facilitated event or participating in any CBOH, Inc. Services. You also acknowledge that some states do not allow waiver of certain types of risks so the above limitations may not all apply to you.
Last updated: April 22, 2021
Who Can Use the Application
The CBOH application is designed to be used only by those 18 years or older. Your use of the CBOH application is an acknowledgement that you are 18 years of age or older.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where control means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Application means the software program provided by the Company downloaded by You on any electronic device, named CBOH
Company (referred to as either the Company, We, Us or Our in this Agreement) refers to CBOH, Inc.
Country refers to: Massachusetts, United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Application.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Use of Collected Information
We use the information that you provide to us, including any personal information, to provide service to you, develop and maintain the application, comply with legal obligations, and for any lawful purpose provided that you offer your consent.
Types of Data Collected
We collect certain information in order to facilitate your use of the CBOH application.
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
First name and last name
CDC COVID Vaccination Card
COVID Testing Results from medical providers
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Information Collected while Using the Application
While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:
Information from your Device's phone book (contacts list)
Pictures and other information from your Device's camera and photo library
We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company's servers and/or a Service Provider's server or it may be simply stored on Your device.
You may share User Content at your sole discretion, but please note that any User Content you share will be viewable to others. You can enable or disable access to this information at any time, through Your Device settings.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
Disclosure of Information
We may share information that we’ve collected from you to third parties for business purposes, including contractors, vendors, and partners, to help us deliver the Services to you.
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
With Your consent We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
How Your Data is Stored
We at CBOH have implemented measures designed to protect your personal information from loss, unauthorized access, and alteration. The CBOH application stores your information using an encrypted third-party object storage service. You can read more about its security protocols here.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
We endeavor to protect the privacy of your account and other personal information we hold in our records, and actively work to prevent unauthorized entry or use, hardware or software failure, and other factors that could potentially compromise security of user information.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
CBOH Terms of Service
Last updated: April 22, 2021
Welcome to CBOH. Please carefully read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”).
These Terms of Service (the “Terms”) are a binding contract between you and CBOH. (“CBOH,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.
Your access to and use of the Services are conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services.
By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Services. If you are accessing or using the Services on behalf of a business or entity, then your business or entity is legally and financially responsible for your access to and use of the Services as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.
PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISNIG FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE CBOH WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH IN SECTIONS XVIII and XIX BELOW.
YOU HAVE THE RIGHT TO OPT OUT AND NOT BE BOUND BY THE PROVISIONS REQUIRING ARBITRATION BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT BY EMAIL TO INFO@CBOH.INFO.
Modification of Terms
CBOH reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you accept and agree to be bound by any modified Terms.
Eligibility for Services
The CBOH Services are intended solely for persons who are at least 18 years old. By using the Services you are confirming that you are at least 18 old. If you are not 18 or older, you may not use the Services.
Acceptable Use of Services
CBOH hereby grants you permission to use the Services provided such use is in compliance with these Terms, and you further specifically agree that you will not:
Upload, input, or use information that you know to be false or fraudulent.
Upload any image other than an image of your CDC COVID-19 vaccination card or COVID testing results from medical providers.
Use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
Upload, use, or re-use any material that is not for the purposes set out in these Terms of Service.
Impersonate or attempt to impersonate CBOH, a CBOH employee, another user, or any other person or entity (including, without limitation, by using email addresses or phone numbers associated with any of the foregoing).
Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of CBOH, or may harm the owners and operators of CBOH.
Additionally, you agree not to:
Use CBOH in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of CBOH.
You may be required to sign up for an account using your name, email or phone number, and select a password. You may not select as your Name or Email or phone Number the name, email or phone number of a person or entity you don’t have the right, or another person or entity’s name, email or phone number with the intent to impersonate that person or entity. Only you may use your account and you may not transfer your account to anyone else.
Intellectual Property Rights
CBOH and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (together, the “Content”) are owned by CBOH, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CBOH or its licensors, except for the licenses and rights expressly granted in these Terms.
User Generated Content
You may post, upload, publish, submit or transmit content, including but not limited to uploading your COVID vaccination card and COVID testing information and editing the publishable information (“User Content”) in compliance with the guidelines set forth in Section V (Acceptable Use of Services).
By submitting any User Content on or through the Service, you grant to CBOH the perpetual sublicensable right and license to use, copy, adapt, modify, abridge, distribute, display, perform, exploit, and promote such User Content in any way and in any medium or form without charge.
You acknowledge and agree that you are solely responsible for all User Content.
Accordingly, you represent and warrant that you have all rights, licenses, consents and releases that are necessary to grant to CBOH the license above.
CBOH is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Service.
No Duty to Monitor
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.
Feedback for CBOH
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that CBOH has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in any changes made to the Services. You may provide feedback by contacting us at firstname.lastname@example.org.
Termination & Monitoring
CBOH has the right to:
Remove any User Accounts for any reason in our sole discretion.
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including our Content Standards, infringes any intellectual property other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for CBOH.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any reason, including violations of these Terms, violation of any applicable laws, or to protect the safety or property of other users, CBOH, or third parties.
You may also request to delete your account. Upon receipt of your request to delete your account, and except as set forth below, we will remove your account and associated information within a reasonable time period. Please note that any information you have submitted to publicly accessible areas may not be removeable.
YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED "AS IS," AND CBOH, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, EXPRESS OR IMPLIED, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. CBOH, ITS AFFILIATES, AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES OR OTHER MALWARE WILL BE TRANSMITTED THROUGH THE SERVICES.
Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
To the fullest extent allowed by applicable law, you agree to indemnify and hold CBOH, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by CBOH (a) via email (in each case to the address that you provide) or (b) by posting to the website or other Services.
No waiver by CBOH of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CBOH to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without CBOH‘s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. CBOH may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
These Terms (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, United States. Any action in relation to the use of these services or alleging breach of these Terms must be brought in a state or federal court in the United States, Massachusetts. Both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
These Terms constitute the entire agreement between you and CBOH regarding your use of the Services, and supersede all prior written or oral agreements.
If you have any questions about the Services, please do not hesitate to contact us at email@example.com.