Effective Date/ Updated Date: November 1, 2026
Introduction
This Terms of Use (“Terms”) applies to the Tom™ Website (the “Website”), owned and operated by Tom Health, LLC and its parent and affiliated entities (collectively, “Company,” “we,” “us,” or “our”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND WEBSITE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE.
License Grant
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Limited License Grant
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, revocable, and non-sublicensable license to access and use the Website for your personal, non-commercial use on an authorized personal electronic device owned or otherwise controlled by you.
You are strictly prohibited from:
- Circumventing, disabling, or interfering with any security-related features, authentication steps, or encryption protocols of the Website.
- Copying, modifying, reverse engineering, decompiling, or attempting to extract the source code of the Website or any underlying components.
- Modifying, adapting or otherwise creating derivative works or improvements of the Website
- Impersonating another individual, member, healthcare provider, or Company representative, or misrepresenting your identity or your personal information.
- Introducing viruses, trojans, worms, logic bombs, or other technologically harmful materials to the Website or its server ecosystem.
- Deploying automated scraping, indexing, or data-extraction tools on our clinical interfaces.
- Using the Website in a manner that violates any applicable law or regulation.
Ownership of Intellectual Property
The Website, including its design, interface, software, source code, logos, trademarks, and educational content, is the exclusive intellectual property of Company and its licensors. All rights not expressly granted to you under these Terms are reserved by Company. If you provide Company with any comments, suggestions, improvements, or other feedback (collectively “Feedback”) related to the Website, you agree that by providing such Feedback You irrevocably assign such Feedback to and it becomes the sole and exclusive intellectual property of Company.
Updates
Company may from time to time in its sole discretion develop and provide Website updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Informational Purposes Only
Company provides the information contained within our Website for informational purposes only. No warranty is made that the information provided is error free. The information contained within the Website may be, at any time, outdated and may include inaccuracies and/or errors.
The information presented by our Website describes the products and services offered by Company. Some specific information may be provided but, overall, the information presented may not contain all the applicable terms, conditions, limitations, or exclusions necessary to fully describe the products and services.
Privacy Policy and Data Practices
The privacy and the security of your information are of paramount importance to us. Our data collection, usage, sharing, retention, and protection practices in connection with the Website are governed by the Tom™ Website Privacy Policy (the “Privacy Policy“). The Privacy Policy is hereby expressly incorporated into, and forms an integral, legally binding part of, these Terms of Use. You may access and review the full Privacy Policy at any time:
- Online: [Insert URL to Hosted Tom Website Privacy Policy]
Eligibility and Use
By accessing and using the Website, you represent and warrant that:
- You are at least 18 years of age.
- All information you submit on the Website is accurate, current, and truthful.
Links to Other Sites and Third-Party Materials
The Website may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. When leaving Company’s Website to visit another website, we recommend that you review that third party’s terms and conditions and Policy.
Limitation of Liability and Warranties Disclaimer
THE WEBSITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, MEDICAL COMPLICATIONS, CLINICAL DOWNTIME, OR REVENUE LOSS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your misuse of the Website.
Governing Law and Dispute Resolution
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the internal laws of the State of Missouri, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal or state courts located in the County of St. Louis, Missouri, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country or state of residence.
Geography
Company is based in the United States, and the Website is provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Website outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you are responsible for compliance with local laws.
If you are a California resident, in accordance with Cal. Civ. Code S 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Changes to these Terms
Company reserves the right to change the content within the Terms at any time without notice. If we do so, such changes will appear on this page, and you can visit the Terms to learn of any updates. Your continued access to or use of the Website constitutes your consent to the changes to the Terms.
No Waiver
No failure or delay in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder preclude further exercise. Any waivers or amendments shall be effective only if made in writing.
Contact and Legal Notices
For any questions, clarifications, feedback, or legal inquiries regarding these Terms, please direct them in writing to:
Entity: Tom Health, LLC / Privacy Office
13736 Riverport Drive, Suite 1100
St. Louis, MO 63043
Email: privacy@lumeris.com
