These Sites are maintained by us to provide information about the services they provide. The Sites may also provide general health information from our staff or outside providers, and links to external websites that may be of interest to you.
THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT ALL DISPUTES TO MANDATORY INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO A JURY TRIAL OR ABILITY TO BRING ANY CLAIM UNDER A CLASS ACTION. PLEASE SEE SECTIONS 10-12 BELOW FOR MORE INFORMATION REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SITES.
We reserve the right, in our sole discretion, to modify, alter or otherwise update our Terms at any time, and by using the Sites after the posting of a modification, you accept the modification. Please check back from time to time to ensure you are aware of any updates or changes.
THE SITES ARE FOR INFORMATIONAL PURPOSES ONLY. IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CALL 911. FOR A MENTAL HEALTH CRISIS, PLEASE CALL 988. OTHERWISE, PLEASE DIRECT ANY MEDICAL QUESTIONS TO YOUR HEALTHCARE PROFESSIONAL.
1. No Medical Advice Given
Our Sites are provided for INFORMATIONAL PURPOSES ONLY and do not provide specific medical advice, nor does any use of the Sites establish a doctor-patient relationship. For medical treatment or answers to personal questions, you should consult a qualified health care provider.
You assume full responsibility for using any information offered by the Sites, and you understand and agree that we are not responsible or liable for any claim, loss, or damage resulting from its use. While we try to keep information on the Sites as accurate as possible, we disclaim any warranty concerning its accuracy, timeliness, and completeness, and any other warranty, express or implied, including warranties of merchantability or fitness for a particular purpose. We do not warrant that access to the Sites will be error- or virus-free, or accessible at all times. We may terminate your access to the Sites in our sole discretion, at any time, and without prior notice. We may also remove any content from the Sites for any reason, without prior notice. Content removed from the Sites may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order or similar legal process.
2. Restrictions on Use
You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Sites to human readable form or create derivative works based upon the Sites or any part thereof; (b) disable any licensing or control features of the Sites; (c) introduce into the Sites any virus or other code or routine intended to disrupt or damage the Sites, or alter, damage or delete any Materials, or retrieve or record information about the Sites or its users; (d) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Sites or Materials; (e) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Sites to others; (f) use, or allow the use of, the Sites or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; (g) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Sites; (h) post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities; (i) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any junk mail, spam or any other similar solicitation; (j) access or use the Sites by means of any automated program, expert system, electronic agent or bot; (k) engage in any attempted or actual unauthorized access to any portion of the Sites; or (l) engage in scraping, copying, republishing, licensing, or selling the data or information on the Sites for commercial purposes. Except as expressly provided herein, we and our third-party licensors reserve all rights with respect to the Sites and Materials, and may pursue legally-available recourse (and cooperate with law enforcement) in the event of any violations of our Terms.
3. Your Responsibilities and Content
You are responsible for any activity that occurs through your use of the Sites. All information you provide to us must be true, accurate, current and complete to your reasonable knowledge, and you agree to update your information as necessary to maintain its truth and accuracy.
You agree that we are free to use any feedback, ideas or suggestions (“Feedback”) that you provide to us with respect to the Sites for any purposes whatsoever without any restriction, including developing and marketing new products, services and features without any liability or payment of any kind to you. You waive all intellectual property rights in any such Feedback
4. Privacy and Communications
In connection with your use of the Sites, we may exchange communications with you via email, SMS text messages to your phone, or through other means. E-mail and text messages are not always encrypted throughout their transmission. Accordingly, there is some risk that such communications can be intercepted in transit and read by an unauthorized person. Additionally, such communications may be available to anyone who has access to your phone or computer, such as if they see a notification pop-up on your phone’s home screen. These texts may identify that you have a particular condition relevant to the Sites.
By registering for the Sites and agreeing to receive text messages, you:
- Confirm that you want to be enrolled in texts from us and we may send you recurring automated texts at the mobile number you provided for purposes of the Sites. You do not need to consent to receive these texts as a condition of receiving care from any healthcare provider. Message and data rates may apply. Text “STOP” at any time to stop receiving text messages; text “HELP” for technical guidance on the text services.
- Represent that you are 18 years or older, are legally able to enter into agreements on your own behalf and agree to these Terms. If you will be receiving or sending texts on behalf of another individual (such as a child, parent or partner), you are also representing that you have the legal right or authority, or have obtained all necessary consents and authorizations, to communicate on behalf of such other person and use our Sites on their behalf.
Text message frequency may vary based on the services you receive through the Sites. Participating carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For any questions about our text program, you can reach us via the contact information provided below.
Our Sites do not host or receive funding from third party advertising. A patient may give us permission to share patient stories that can include descriptions of actual medical results. We provide personalized care for each patient based on their unique needs; their experiences and results will vary.
6. Our Intellectual Property Rights
We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Sites for lawful purposes in accordance with our Terms. Unless otherwise stated, users may print or download information from our Sites for personal, non-commercial use only.
The Sites contain Materials owned or licensed by us, including name, logo, text, images, audio/visual works, icons and scripts and other materials provided on or through the Sites. Except as provided above, none of the Materials may be copied, distributed, displayed, downloaded, licensed, modified, published, re-posted, reproduced, reused, sold, used to create a derivative work, or transmitted in any form or by any means without prior written permission from us or the third-party owner. Unauthorized use of any Materials provided by the Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. Trademarks and service marks that may be referred to in the Sites are owned by us or our licensors. Nothing in the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission.
7. Reporting Claims of Copyright Infringement or Other Violations Regarding the Sites
We respect the intellectual property rights of others, and we prohibit users of our Sites from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights or these Terms. Any allegations of infringement can be reported to us via the contact information provided at the end of these Terms.
8. Links in the Sites
9. Linking to our Sites
You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Sites may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Sites; send communications with certain content, or links to certain content, using the Sites; or cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Sites or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Sites that is inconsistent with these Terms. We may disable any social media features and any links at any time without notice in our sole discretion.
10. Disclaimer of Warranties; Limitation of Liability
YOUR USE OF THE SITES AND MATERIALS IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND ALL MATERIALS THEREIN ARE PROVIDED “AS IS” WITHOUT A REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SITES. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, ACTUAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE SITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
BY ACCESSING THE SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
The provisions in our Terms are intended to be only as broad and inclusive as is permitted by applicable law. We recognize that some laws provide consumers specific rights and remedies and expressly prohibit waiver of these rights. Except to the extent required by such laws, as applicable, you waive all damages under any cause of action other than actual damage for out-of-pocket loss. For example, except with respect to these laws, you waive nominal damages, liquidated damages, statutory damages, consequential damages, presumed damages, as well as the imposition of costs and attorney’s fees. We reserve all rights, defenses and permissible limitations under applicable law.
You agree that you will be responsible for any damages resulting from your violation of these Terms. You further agree to indemnify and hold us and our owners, affiliates, officers, directors, agents, employees and service providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your breach of these Terms; (ii) your unlawful activities in connection with the Sites; or (iii) information that you affirmatively provide to us through the Sites.
12. Governing Law; Arbitration and Class Action Waiver
THE LAWS OF THE STATE OF DELAWARE WILL GOVERN THESE TERMS AND ANY DISPUTE RELATING TO THE SITES, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS. EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN WILMINGTON, DELAWARE IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
Excluding (i) claims for injunctive or other equitable relief sought by us as provided below, or (ii) disputes that are brought and exclusively and fully resolved in small claims court, any claims related to the Sites and any dispute or controversy arising out of or relating to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of the Terms, shall be resolved by final and binding arbitration by a single arbitrator mutually selected by the parties.
Unless the Parties mutually agree otherwise, the arbitrator must be an attorney licensed to practice in the location where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. In the event the Parties cannot agree on an arbitrator, the arbitration will be held under the auspices of the American Arbitration Association (“AAA”), and the parties must select a single arbitrator in accordance with the AAA Consumer Arbitration Rules then in effect. The parties intend to be bound to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. An arbitration means there will be no jury, and no judge.
The arbitration shall take place in the State of Delaware, and at the option of the party seeking relief, it may be conducted via online, telephone or written submissions alone. The arbitrator may not issue any injunction. The arbitrator has the exclusive authority to decide the scope of issues to be arbitrated. Any challenge to the arbitrability of any issue related in any way to the matters or claims in dispute between the Parties must be determined solely by the arbitrator. Also, any challenge to the validity of this arbitration provision or any subpart thereof must be determined and decided exclusively by the arbitrator. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent us from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
13. The Sites Are Controlled and Operating from the USA
Our Sites are controlled and operated from the United States. We make no representation that Materials or Sites are appropriate or available for use in other jurisdictions. Access to the Sites from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Sites from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
14. Entire Agreement; Severability
15. Contact Information
If you have any questions, concerns or comments about our Sites, please contact us at [email protected].
These Terms were last updated January 17, 2024.