Conneqt, LLC and its affiliates (collectively, “Conneqt” “our,” “us,” or “we”) provides you with the ability to confidently grow your network and increase revenue, by providing access to referral partners nationwide through our mobile and other applications, and Website. We refer to these as “Services,” or “our Services.”
By using our site, application, and Services, you are a “user” and you accept and agree to this TOU as a legal contract between you and us. We may post changes to these TOU at any time, and any such changes will be applicable to all subsequent access to or use of our site, application, and Services. If you do not accept and agree to all provisions of these TOU, now or in the future, you may reject these TOU by immediately terminating all access and use of our site, application, and Services, in which case any continuing access or use of our site, application, and Services is unauthorized.
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our site, application, and Services.
Unless expressly permitted by supplemental terms, our site, application, and Services are intended for general audiences 18 years of age and older, and access or use by anyone younger is not authorized.
These TOU grant you a limited, revocable, nonexclusive license to access our site, application, and Services and use our site, application, and Services, in whole or in part, including but not limited to our intellectual property therein, solely in compliance with these TOU.
We have the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications (“content”)) posted to, stored on or transmitted via our site, application, and Services by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of our site, application, and Services) by any user (or any other third party in any manner); and to enforce these TOU, for any reason and in any manner or by any means that we, in our sole discretion, deem necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). We may, in our sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Our action or inaction to regulate content or conduct or to enforce against any potential violation of these TOU by any user (or any other third party) does not waive our right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.
You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, “our representatives” and individually “our representative”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of our representatives will be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these TOU.
Although our representatives may moderate content on our site, application, and Services at our discretion, our representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of us will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of us will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by our representative (or by anyone else acting on behalf of us or by anyone purportedly acting on behalf of us) that we (including but not limited to our representative, anyone else acting on behalf of us, or anyone purportedly acting on behalf of us) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, our representatives and anyone else authorized to act on behalf of us will in no circumstance be liable as a result of any representation that we, our representatives or anyone else on behalf of us would or would not restrict or redress any content, conduct or potential or purported TOU violation. For the purpose of clarity, the opinions, statements, comments, posts and other communications expressed on our site, application, and Services are solely those of the poster and not ours, or an our employees, officers, directors, members, subsidiaries, parent companies, attorneys or other agents. We do not guarantee the accuracy or reliability or the information provided by any poster, administrator, or moderator. Administrators and moderators are not our agents and their opinions, comments and posts are their own. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
We also have the right in our sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of our site, application, and Services at any time without notice. We and our representatives will not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
- Content and Conduct
We do not control, are not responsible for and make no representations or warranties with respect to any user, lawyers, and medical providers (collectively, “user”) content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.
Content prohibited from our site, application, and Services includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or Services; (3) offensive content (including, without limitation, court ordered defamatory statements, threatening, hateful or pornographic content); (4) content that discloses another’s personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via our site, application, and Services); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or Services, account creation or auto-creation products or Services, flagging or auto-flagging products or Services, bulk telephone numbers, or any other product or service that if utilized with respect to our site, application, and Services would violate these TOU or our other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or Services. Other content prohibitions are set forth in supplemental terms for particular categories or Services on our site, application, and Services and all such prohibitions are expressly incorporated into these TOU as stated in the introductory paragraphs above.
You automatically grant and assign to us, and you represent and warrant that you have the right to grant and assign to us, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
We do not control, are not responsible for and make no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.
You are also responsible for your own conduct and activities on, through or related to our site, application, and Services, and, if you create an account on our site, application, and Services, you are responsible for all conduct or activities on, through or by use of your account.
- Postings and Accounts
This section 3 applies to all uses and users of our site, application, and Services, unless we have specifically authorized an exception to a particular term for a particular user in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 3.
Users may not circumvent any technological measure implemented by us to restrict the manner in which content may be posted on our site, application, and Services or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent service accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content “spinning.”
It is expressly prohibited for any third party to post content to our site, application, and Services on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.
It is expressly prohibited to post content to our site, application, and Services using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) will be responsible and liable to us for each instance of access to our site, application, and Services (by any user or other third party) using that automated means.
Affiliate marketing by users is expressly prohibited on our site, application, and Services. Users may not post content or communicate with any user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.
For site and/or application, a user may create, maintain and use no more than one account to post content only on his/her or its own behalf. A user must create his/her or its account personally and manually and may not create accounts by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. A user may not create or use additional accounts or any account of another and must not permit, enable, induce or encourage others to create accounts for him/her or it.
The purchase and sale of accounts and the creation of accounts for others is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation process, posting process or otherwise for posting content in violation of these TOU also is expressly prohibited.
Unauthorized Access and Activities
This section 3 applies to all uses and users of our site, application, and Services, unless we have specifically authorized an exception to a particular term for a particular user in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 3.
To maintain the integrity and functionality of our site, application, and Services for its users, access to our site, application, and Services and/or activities related to our site, application, and Services that are harmful to, inconsistent with or disruptive of our site, application, and Services and/or users. beneficial use and enjoyment of our site, application, and Services are expressly unauthorized and prohibited. For example, without limitation:
- The collection of our site, application, and Services users. personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.
- Any copying, aggregation, display, distribution, performance or derivative use of our site, application, and Services or any content posted on our site, application, and Services whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access our site, application, and Services without individual written agreements executed with us that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant Website, service, forum or content; (b) they access our site, application, and Services from a stable IP address using an easily identifiable agent; and (c) they comply with our robots.txt file; provided however, we may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access our site, application, and Services without their own written agreement executed with us), at any time and in our sole discretion, upon written notice, including, without limitation, by email notice.
- Any access to or use of our site, application, and Services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, Website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with our site, application, and Services (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and Services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
- Any effort to decompile, disassemble or reverse engineer all or any part of our site, application, and Services in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
- Any activities (including but not limited to posting voluminous content) that are inconsistent with use of our site, application, and Services in compliance with these TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of our site, application, and Services in any manner are expressly prohibited.
- Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of these TOU.
If you access our site, application, and Services or copy, display, distribute, perform or create derivative works from our site, application, and Services webpages or our intellectual property in violation of these TOU or for purposes inconsistent with these TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on our site, application, and Services or any provision of these TOU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of our webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are “technological measures” that effectively control access to copyright-protected components and our intellectual property rights pursuant to 17 U.S.C. § 1201.
Interactions with Others
We and our representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
The physicians displayed on our Website and application have represented that they are credentialed to treat patients at designated facilities and, to the best of our knowledge, are in good standing. We may allow you to search physicians by alphabetical listing or other searches based on individual needs or preferences.
- Fees and Payment Terms
We charge a fee to post content or for other features, and our Services. You are responsible for any fees applicable to content that you post or other features, or our Services you purchase or that are purchased through your account.
The following payment terms (“Payment Terms”) describes the terms and conditions applicable to your use of Conneqt’s pay service, a service that allows Conneqt to collect and process your payment information. You authorize Conneqt’s pay service and/or our designated payment processor(s) to charge your specified credit card, debit card or other payment method for our Services, and permit the storage of your account, payment (including credit card information), and order information with Conneqt for use across our Website or our application.
If you use Conneqt’s pay service, Conneqt will place a cookie on your web browser to recognize you when you return to Conneqt’s Website which will allow you to make purchases using your Saved Information.
Representations and warranties. By using Conneqt’s Website, you represent and warrant that you are at least 18 years of age, the information you provide to us is true and correct, and that you will not use Shopify Pay for any fraudulent, unlawful or abusive purpose.
Limitation of liability; Disclaimer of warranties. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CONNEQT, ITS EMPLOYEES, AGENTS, SUPPLIERS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY DISCLAIMING ENTITY OR SHOPIFY PAY, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF CONNEQT’S WEBSITE AND/OR APPLICATION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE DISCLAIMING ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CONNEQT FROM ALL CLAIMS, LOSSES, DAMAGES, PENALTIES, LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, OF ANY KIND OR NATURE ARISING OUT OF OR RELATED TO A CLAIM (A) ALLEGING THAT YOUR USE OF SHOPIFY PAY INFRINGES OR VIOLATES THE RIGHTS OF A THIRD PARTY OR VIOLATES APPLICABLE LAW; OR (B) ARISING OUT OF YOUR BREACH OF THESE PAYMENT TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE.
YOUR USE OF CONNEQT’S WEBSITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
TO THE FULLEST EXTENT PERMITTED BY LAW, CONNEQT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR USER’S MERCHANT PROCESSORS, THE CONTENT, MATERIALS, INFORMATION AND/OR FUNCTIONS AVAILABLE THROUGH THEM, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION (INCLUDING SENSITIVE INFORMATION).
ANY RELIANCE ON THE MATERIAL OR INFORMATION MADE AVAILABLE THROUGH USER’S MERCHANT PROCESSORS IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE USER’S MERCHANT PROCESSORS PAY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE RESULT OBTAINED FROM USE OF THE PAY SERVICE WILL BE ACCURATE OR RELIABLE.
You agree to indemnify and hold us and our representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted and your interactions with others); (c) your use of or reliance on any user content; and (d) your violation of these TOU. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by us or our representatives. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.
YOUR ACCESS TO, USE OF AND RELIANCE ON OUR SITE, APPLICATION, AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITE, APPLICATION, AND SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR SITE, APPLICATION, AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITE, APPLICATION, AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITE, APPLICATION, AND SERVICES; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITE, APPLICATION, AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE, APPLICATION, AND SERVICES; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITE, APPLICATION, AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE, APPLICATION, AND SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITE, APPLICATION, AND SERVICES OR IN CONTENT).
THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
- Limitations of Liability
WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITE, APPLICATION, AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE, APPLICATION, AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITE, APPLICATION, AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE, APPLICATION, AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITE, APPLICATION, AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE, APPLICATION, AND SERVICES; ANY INABILITY TO ACCESS OR USE OUR SITE, APPLICATION, AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE, APPLICATION, AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITE, APPLICATION, AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE, APPLICATION, AND SERVICES. NOTHING IN THESE TOU WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITE, APPLICATION, AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE, APPLICATION, AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITE, APPLICATION, AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITE, APPLICATION, AND SERVICES).
IN NO EVENT WILL OUR OR OUR REPRESENTATIVES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITE, APPLICATION, AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITE, APPLICATION, AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PROVIDER ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITE, APPLICATION, AND SERVICES AND TO CANCEL YOUR ACCOUNT, IF ANY.
You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our site, application, and Services or content accessed through our site, application, and Services, or any interactions with others arising out of or related to our site, application, and Services or content accessed through our site, application, and Services, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
- Forward-Looking Statements
Some statements made available by our Services are not historical facts and therefore are considered forward-looking statements within the meaning of Section 21E of the Securities and Exchange Act of 1934. These forward looking statements are subject to risks and uncertainties as which could cause our actual results to differ materially from those expressed in or implied by the content of our Services. Forward-looking statements made available by our Services are made as of the date of the initial publication and we undertake no obligation to update any of these forward-looking statements as actual events unfold.
At our election, we may seek actual or liquidated damages. In addition to any injunctive relief, you agree to pay to us the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of these TOU for which you bear responsibility; except you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TOU violations, you agree to pay liquidated damages to us as described in our liquidated damages policy below.
This liquidated damages policy (this “Liquidated Damages Policy”) applies to our Website(s), Mobile Application, and Services and are incorporated into our TOU. If there is any conflict between this Liquidated Damages Policy and our TOU, this Liquidated Damages Policy will control. By using our Website(s), Mobile Application, and Services, you are a “user” and you accept and agree to our TOU and this Liquidated Damages Policy as a legal contract between you and us.
Certain terms used in this Liquidated Damages Policy have the meanings set forth in our TOU. In addition, for purposes of this Policy:
- “Item of Content” means each and every instance of content of any type posted to, stored on or transmitted via Website(s), Mobile Application, and Services by any user (or any other third party in any manner). For example, each single post to our Website(s), Mobile Application, and Services (including but not limited to any ad, comment, flag or message posted to the sites and services), each single data file stored on our Website(s), Mobile Application, and Services (including but not limited to any account information, text, code, images, video or binary file), and each single communication transmitted via our sites and services (including but not limited to any email or response to an email) is a single “Item of Content.” Each “Item of Content” shall be considered and treated as an individual, discrete “Item of Content” even if it contains the same or substantially similar content as one or more other Items of Content.
- “Account” means each and every account of any type applied for, requested or created by any means.
- “Instance of Unauthorized Conduct” or “Instance” means each individual time our sites or services are accessed in connection with or in facilitation of a violation of the TOU. With respect to the Instances of Unauthorized Conduct enumerated in paragraph 6 below, each day that our sites and services are accessed to facilitate one or more of the violations enumerated therein shall constitute one Instance of Unauthorized Conduct.
- “Attempt” shall be defined pursuant to California law.
TOU violations harm the functionality, integrity, and reputation of our sites and services; interfere with and detract from users’ and customers’ beneficial use and enjoyment of our Website(s), Mobile Application, and Services; and are detrimental to our business. Pursuant to Sections 9 (Damages) and 10 (Injunctive Relief) of the TOU, you acknowledge and agree that we incur actual damages as a result of any TOU violations detailed below. You further acknowledge and agree that actual damages caused by such violations are extremely difficult, impossible or impractical to determine or quantify. Consequently, you agree it is fair and reasonable for us to obtain injunctive relief to prohibit future violations of the TOU and recover liquidated damages for past violations of the TOU. You further acknowledge that the amounts set forth below reflect reasonable estimates of our actual damages from each such violation and that such estimates are reasonably related to the actual damages incurred by us by each such violation.
For each TOU violation below, you therefore agree to pay liquidated damages to us in the amount specified. You further acknowledge and agree that the imposition of liquidated damages for each such TOU violation is independent and distinct, and that the assessment of total liquidated damages for multiple TOU violations is cumulative. Any conduct or content that is permitted pursuant to a written license agreement with us shall not be deemed in violation of the TOU as long as the conduct or content is specifically authorized pursuant to the terms of the license agreement.
- $50 Per Item of Content. You agree to pay $50 per Item of Content posted or stored on, or transmitted via our sites and services either by you or on your behalf: (a) using any automated means to perform any step of any process for submitting content (in whole or in part); (b) by any means that circumvent any technological measure implemented by us to restrict the manner in which content may be submitted on our Website(s), Mobile Application, and Services or to regulate the manner in which content (including but not limited to email) may be transmitted to other users; or (c) using Accounts that are created or used in violation of Section 3(b) (Accounts) of the TOU. Liquidated damages under this Section 1 are in addition to liquidated damages that may be applicable pursuant to other sections of this Liquidated Damages Policy and are agreed to be a reasonable estimate of our actual damages for such violation described in this Section 1 in addition to the liquidated damages incurred by us set forth elsewhere in this Liquidated Damages Policy.
- $100 Per Item of Content. You agree to pay $100 per Item of Content posted or stored on, or transmitted via our sites and services either by you or on your behalf: (a) that offers, promotes, advertises or provides links to unsolicited products or services (except that the content described in section 4(g) of this Liquidated Damages Policy shall be subject to liquidated damages as provided in section 4(g)); (b) that violates guidelines for particular categories or services; or (c) for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner and under any circumstance (including but not limited to ads, emails and other communications with users of the service). Liquidated damages under this Section 2 are in addition to liquidated damages that may be applicable pursuant to other sections of this Liquidated Damages Policy and are agreed to be a reasonable estimate of our actual damages for such violation described in this Section 2 in addition to the liquidated damages incurred by us set forth elsewhere in this Liquidated Damages Policy.
- $100 Per Account/Instance. You agree to pay $100 per Account/Instance of Unauthorized Conduct: (a) if you create, maintain or use at any time more than one Account to post content; (b) if you create one or more Accounts for or on behalf of another; (c) if you permit, enable, induce or encourage someone else to create one or more Accounts on your behalf; (d) if you use other users’ Accounts (with or without their knowledge or consent) (including but not limited to your use of any Account you purchase or otherwise do not personally create); (e) for any Account you purchase, offer, market, sell, or distribute; (f) for any Account you create for another; (g) for any Account you create by any automated means; (h) if you use any Accounts created in circumvention of any technological restriction or security measure in the Account creation process; (i) if you create any Accounts in circumvention of any technological restriction or security measure in the Account creation process; (j) for any product, software, or tool (including but not limited to CAPTCHA credits) you acquire, purchase, offer, market, sell, or distribute, that facilitates circumvention of any technological measure implemented by us to restrict the manner in which content may be posted on the service or to regulate the manner in which content may be transmitted to other users; (k) if you collect users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers), or (l) for any activities (including but not limited to posting voluminous content) that are inconsistent with use of the service in compliance with the TOU or that may impair or interfere with the functionality, performance or quality of all or any part of the service in any manner. Liquidated damages under this Section 3 are in addition to liquidated damages that may be applicable pursuant to other sections of this Policy and are agreed to be a reasonable estimate of our actual damages for such violation described in this Section 3 in addition to the liquidated damages incurred by us set forth elsewhere in this Liquidated Damages Policy.
- $1,000 Per Item of Content. You agree to pay $1,000 per Item of Content that contains: (a) illegal content; (b) content that facilitates the creation, advertising, distribution, provision or receipt of illegal goods or services; (c) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (d) content that discloses another’s personal, confidential or proprietary information; (e) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via the service); (f) malicious content (including, without limitation, malware or spyware); or (g) content that offers, promotes, advertises, provides links to or solicits posting or auto-posting products or services, account creation or auto-creation products or services, bulk telephone numbers, or any other product or service that if utilized with respect to the service would violate the TOU or our other legal rights. Liquidated damages under this Section 4 are in addition to liquidated damages that may be applicable pursuant to other sections of this Policy and are agreed to be a reasonable estimate of our actual damages for such violation described in this Section 4 in addition to the liquidated damages incurred by us set forth elsewhere in this Liquidated Damages Policy.
- $25,000 Per Instance of Unauthorized Conduct. Technology can be misused to facilitate harm to our sites and services, users, and/or our business on a massive scale. Accordingly, you agree to pay $25,000 per Instance of Unauthorized Conduct that includes: (a) copying, aggregating, displaying, distributing or creating derivative use of our sites or services or any content posted on our sites and services (including, but not limited to, by means of spiders, robots, crawlers, scrapers, framing, iframes, or RSS feeds); (b) access to or use of our sites or services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute, or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, and mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with our sites and services (including, without limitation, to access content, post content, respond to content, transmit content, create accounts, use accounts, circumvent security measures, or flag content); or (c) decompiling, disassembling or reverse engineering all or any part of our sites or services in order to identify, acquire, copy, or emulate any source code or object code. Liquidated damages under this Section 5 are in addition to liquidated damages that may be applicable pursuant to other sections of this Policy and are agreed to be a reasonable estimate of our actual damages for such violation described in this Section 5 in addition to the liquidated damages incurred by us set forth elsewhere in this Liquidated Damages Policy. Furthermore, you agree that the amounts of liquidated damages described therein are reasonable estimates of our damages for such violations, and that liquidated damages for violations of these TOU are and will be cumulative.
- Injunctive Relief
You acknowledge and agree that any violation or breach of these TOU may cause us immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of these TOU or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these TOU. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in these TOU, including but not limited to by preliminary or permanent injunction.
- Release of Information
We reserve the right to disclose any personal information about you or your use of our site, application, and Services, including its contents, without your prior permission if we have a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend our rights and property or our affiliated companies; (3) enforce these TOU; or (4) act to protect the interests of our users or others. Our performance of these TOU is subject to existing laws and legal process, and nothing contained in this TOU is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our site, application, and Services or information provided to or gathered by us with respect to such use.
- Copyright Policy
If you believe that your copyrighted work has been copied and is accessible through our Services in a way that constitutes copyright infringement, please notify our designated copyright agent. The notice must include all of the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“Copyright Act”). As of the date of the posting of this Agreement, the information that you must provide includes: identification of the copyrighted work that allegedly has been infringed; identification of the material on our Services that you believe infringes the copyright (with sufficient specificity to allow us to locate it); a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law; a statement that the information you have provided is accurate and, under penalty of perjury, that you are the owner of the copyright involved or are otherwise authorized to act for the owner; your physical or electronic signature or the signature of a person authorized to act on behalf of the owner of the allegedly infringed right; and your contact information. Please keep in mind that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Any claims of copyright infringement concerning ours Services should be sent to . We will respond to each complaint quickly and diligently. Only copyright complaints should be sent to the above agent. No other communications will be accepted.
We maintain information confidentiality and comply with applicable regulatory requirements.
Information Collected through the Website and Mobile Application
We collect certain information, including Personal Information, from and about our Website users when:
Using cookies and automatic collection methods. For example, we and third parties we work with may collect information from the computer, tablet, phone, or other device that you use to access our Website, or that you use to open an email or click on an advertisement from us. This collection includes automatically collected information, and generally does not include personal information unless you provide it through our Website or you choose to share it with us, or authorized third parties. Methods we use include:
- cookies (which may be session-based or persistent, and are typically small data files that are stored on your hard drive or in connection with your Internet browser);
- web beacons or tags (small images embedded into Websites or emails that send information about your computer, tablet, phone, or other device when you visit our Website, open an email we send to you);
- Website log files (which we tend to create automatically in connection with access to and use of our Website);
- Flash cookies or Local Stored Objects (which may be placed using Adobe Flash software—learn more about privacy and storage settings for Flash cookies here); and
- other technologies (which may be similar to or different than the methods noted above).
Information Provided by You
We and our service providers collect Personal Information through online forms to provide certain features of the Services to you. For example, if applying for a job through the Website, we may request you to fill out a form with information such as your name, e-mail address, phone number, and work experience. If you do not provide the information required to submit the forms, we may not be able to provide you with related features and Services.
In some cases, you may have the opportunity to enter into our secure forms any content that you choose. You are responsible for such content and we reserve the right to use such content as part of our Services.
Web Server Logs
When you access or use our Services, we may track information to administer our Services and analyze its usage. Examples of information we may track include, without limitation:
- Your Internet protocol address;
- The kind of browser or computer you use;
- Number of links you click within our Services;
- State or country from which you accessed our Services;
- Date and time of your visit;
- Name of your Internet service provider;
- Third party Websites you linked to from our Services; and
- Pages or information you viewed on our Services;
We use this information to analyze and improve our Services, monitor traffic and usage patterns for information security purposes, and to help make our Services more useful.
Cookies and Web Beacons
A “cookie” is a small text file that may be transferred to your computer’s hard drive to personalize our Services for you and collect information regarding usage of our Services. Each computer is assigned a different cookie that contains a random, unique identifier. Our Services may use two different types of cookies: a “session” cookie, which is required to track a user session, for example, and which expires shortly after the session ends, and a “persistent” cookie, used to track unique visits to the Website or Mobile Application (defined below), as well as how the user arrived at the Website or Mobile Application (for example, through an email link or from a referral link), and the type of user (patient, provider, consumer, etc.). So that users are not counted twice, this cookie can “persist” anywhere from six months to two years.
Your browser software can be set to warn you of cookies or reject all cookies. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. If you reject our cookie, this may disable some of the functionality of our Services and you may not be able to use certain Services.
Cookies, to the best of our knowledge, cannot be used to run programs or deliver viruses to your computer. One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a Website, a cookie helps the Website to recall your specific information on subsequent visits. This simplifies the process of delivering relevant content and eases Website navigation by providing and saving your preferences and login information as well as providing personalized functionality.
We use Google Analytics on our Site to help us analyze the traffic on our Site. For more information on Google Analytics’ processing of Personal Information, please see http://www.google.com/policies/privacy/partners/. By using a browser plugin provided by Google, you can opt out of Google Analytics.
A “web beacon,” “clear GIF,” “web bug,” or “pixel tag” is a tiny graphic file with a unique identifier that is similar in function to a cookie, but would allow us to count the number of users that have visited certain pages or screens of our Websites, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, web beacons can tell the sender whether and when the email has been opened. In contrast to cookies, which may be stored on your computer’s hard drive, web beacons are typically embedded invisibly on pages or screens. We may use web beacons in providing the Services.
We do not collect precise information (e.g., GPS data; latitude and longitude) concerning the location from which you access the Services, but we collect information on your region or postal code to help us gather information useful for improving the relevance of our content and securing our Services.
Third Party Advertising
We may allow third party advertising companies to serve ads when you access or use our Services. These companies use non-personally identifiable information regarding your access and use of our Services and other Websites, such as pages viewed, date and time of your visit, and number of times you have viewed an ad (but not your name, address, or other personal information), to serve ads to you on our Services and other Websites that may be of interest to you. In the course of serving advertisements to our Services, our third party advertiser may place or recognize a unique cookie on your browser. In addition, we or other third party advertiser, may use web beacons to help manage our online advertising. This allows us or a third party advertiser to learn which banner ads bring users to our Services.
Information Collected through the Website or Mobile Application
As a Service to its users, we may also provide Mobile Application to offer some customers secure, private access to their own records at our facilities, as well as certain internet-based Services which may include, among other things, assistance in finding a lawyer, doctor, assistance in scheduling appointments, the ability the ability to make payment for Services rendered, and access to health and patient education materials and secure messaging.
The Website or Mobile Application can provide you with access to some of your medical records. When you seek access to those records on the Website or Mobile Application, we need to confirm your identity, so we ask you for information such as your name and email or physical address and other information such as your date of birth (which we may also use to make sure you are eligible to use the Website or Mobile Application in accordance with the Terms) and the answers to “secret questions” to which only you know the answers. This information may be used to help administer your user account and in managing your account. We may need to ask you for the information again when you sign in from a new device.
We may ask for information about your location and medical needs to assist with finding a lawyer, physician, and may collect and pass on information (which may include, where relevant, health information such as your patient history).
The Purposes for Which We Use Personal Information
If you submit or we collect Personal Information through our Services, then such Personal Information may be used in the following ways: (i) to provide, analyze, administer, and improve our Services; (ii) to contact you in connection with our Services and appointments, events or offerings that you may have registered for; (iii) to identify and authenticate your access to the parts of our Website or Mobile Application or other password-protected Services that you are authorized to access; (iv) to send you surveys; (v) for recruiting and human resources administration purposes; (vi) to protect our rights or our property and to ensure the technical functionality and security of our Services; and (vii) as required to meet our legal and regulatory obligations.
If you have questions about or need further information concerning the legal basis on which we collect and use your information, please contact us using the contact details provided under the “Contact Us” section below or email us at .
How We Disclose Personal Information
We do not sell, lease, rent or otherwise disclose the Personal Information collected from our Site to third parties unless otherwise stated below or with your consent.
- In the Event of Merger, Sale, Divestitures or Change of Control. We may transfer or assign Personal Information to a third party entity that acquires or is merged with us as part of a merger, acquisition, sale, or other change of control.
In addition to the uses and disclosures of information outlined above, if you use the Website or Mobile Application, your information may also be used and disclosed as follows:
- Authorized Representatives. If another individual is managing your account on your behalf (for example, a mother managing the account of her son), as authorized by you or as a personal representative under applicable law, that person can view all Personal Information about you in the Website or Mobile Application.
- Healthcare Providers. Your healthcare providers may have access to Personal Information for administrative and healthcare Services. We may also use Personal Information to respond to and fulfill your orders and requests.
- Partners. We may share Personal Information with marketing, treatment or health care operations support partners, who are also required to protect the confidentiality of your information, that will enable them to send you targeted messages or serve you targeted advertising, which will occur with your authorization or otherwise in compliance with HIPAA (defined below) and other applicable laws.
What Can I Do to Protect My Privacy?
Where you use our Website or Mobile Application or other Services that is secured with a username and password, you are also responsible for taking steps to protect the privacy of Personal Information about you. In order to protect your privacy, you should:
- Never share your username or password;
- Always sign out when you are finished using the Website or Mobile Application;
- Use only secure web browsers;
- Employ common anti-virus and anti-malware tools on your system to keep it safe;
- Use a strong password with a combination of letters and numbers;
- Change your password often; and
- Notify us immediately if you believe your login and/or password have been compromised at firstname.lastname@example.org.
If you share your Website or Mobile Application username and password with another person, this will allow that person to see your confidential medical record information. We have no responsibility concerning any breach of your confidential medical record information due to your sharing or losing your user name or password.
Retention of Information
Where practical, we dispose of certain categories of information, including Personal Information, on a regular schedule. For example, we dispose of web server logs after 90 days, information submitted through secure forms after 6 months, access and activity logs relating to the Website or Mobile Application after 1 year, and information collected for analytics purposes on the Website (e.g., information on pages visited on the Website) after 2 years.
Third Party Websites and Payments
- Email communications that you send to us via the email links on our Website or Mobile Application s may be shared with a customer service representative, employee, medical expert or agent that is most able to address your inquiry. We make reasonable efforts to respond in a timely fashion once communications are received. Once we have responded to your communication, it is discarded or archived, depending on the nature of the inquiry and all applicable laws, rules and regulations.
- The email functionality on our Website or Mobile Application does not provide a completely secure and confidential means of communication. It is possible that your email communication may be accessed or viewed by another Internet user while in transit to us. If you wish to keep your communication private, do not use our email.
If you are a Website or Mobile Application user, you may access and amend personal demographic information when logged into the Website or Mobile Application. If you would like to access, amend, erase, export, object to, restrict the processing, or other Personal Information collected via our Website or Mobile Application or any other request as described below by state law, you may submit a request to .
We will promptly review all such requests in accordance with applicable laws.
Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Information about you. We encourage you to first reach out to us at so we have an opportunity to address your concerns directly before you do so.
We may send certain messages, including electronic newsletters, notification of account statuses, and marketing communications on a periodic basis. If you wish to be removed from such messages, you may request to discontinue future ones. All such material will have information as to how to opt-out of receiving it, although certain messages (such as a secure message sent by a doctor or an account status update via the Website or Mobile Application), may be required by law and will not have opt-out capabilities.
Your California Privacy Rights
Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of personal information, such as name, e-mail and mailing address and the type of Services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and (b) the names and addresses of all such third parties. To request the above information, please contact us at with a reference to California Disclosure Information.
We will endeavor to respond to such requests to information access within 30 days following receipt at the e-mail address stated above. If we receive your request at a different e-mail address, we will respond within a reasonable period of time, but not to exceed 150 days from the date received. Please note that we are only required to respond to each customer once per calendar year.
California Consumer Privacy Act of 2018 (“CCPA”)
This section only applies to California residents (“Consumers”). For the purposes of this section only, “Personal Information” means information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or household.
Consumers have the following rights:
- Right to Request Information. You have the right to request that we disclose the following information to you, limited to the preceding twelve (12) months:
- The categories of Personal Information that we collected about you;
- The categories of sources from which the Personal Information is collected;
- The business or commercial purpose for collecting or selling Personal Information;
- The categories of third parties with whom we share Personal Information;
- The specific pieces of Personal Information that we have collected about you;
- The categories of Personal Information that we disclosed about you for a business purpose or sold to third parties; and
- For each category of Personal Information identified, the categories of third parties to whom the information was disclosed or sold.
Please note, under California Law, that we are only required to respond to such requests from you twice in a twelve-month period.
- Right of Deletion. You have the right to request that we delete any Personal Information about you which we have collected from you. You may exercise your right to deletion by completing the request form, emailing us at Personal Information Request or by calling us at .
- Right to Opt-Out. We do not sell your Personal Information for monetary payments. However, the definitions of ‘personal information’ and ‘sale’ under the CCPA are broad. Because of the breadth of these definitions under the CCPA, we have provided opt-out links. You have the right to direct us not to sell your Personal Information. You may exercise your opt-out rights by clicking on the following link and completing the request form, emailing us at Personal Information Request or by calling us at .
- Right to Opt-In. We do not have actual knowledge that we sell the Personal Information of minors under the age of 16. But in the event that it occurs, if you are at least 13 years of age and less than 16 years of age you have the right to opt-in to the sale of your Personal Information. If you are a Consumer who is less than 13 years of age, then your parent or guardian has the right to opt-in to the sale your Personal Information. Also, you may choose to opt-in after opting-out of the sale of your Personal Information if a Service requires the sale of your Personal Information. You may submit opt-in requests by clicking on this link and completing the request form, emailing us at Personal Information Request or by calling us at .
- Non-Discrimination. We may not discriminate against you because you exercise any of your rights under the CCPA, including, but not limited to:
- Denying Services to you;
- Charging different prices or rates for Services, including through the use of discounts or other benefits or imposing penalties;
- Providing a different level or quality of goods or Services to you; or
- Suggesting that you will receive a different price or rate for Services or a different level or quality of Services.
- Limited Rights of Job Applicants, Employees, Medical Staff Members, and Contractors. If you are a job applicant, employee, medical staff member, or contractor, to the extent that we collect information from you in your role as such, you have the right, at or before the point of collection, to know the categories of Personal Information that we will collect or have collected and the purposes for which we will use the categories of Personal Information.
The chart below describes:
- The categories of Personal Information that we have collected about Consumers in the preceding twelve (12) months and may collect about you through our Website, Website or Mobile Application, and Services.
- The categories of Personal Information that we have disclosed about Consumers for a business purpose in the preceding twelve (12) months.
- The categories of Personal Information that we have sold about Consumers in the preceding twelve (12) months.
|Category||Examples||Disclosed for a Business Purpose||Sold|
|Identifiers||Name, address, e-mail address, telephone number, date of birth, IP address||Yes||No|
|Personal Information categories described in Cal. Civ. Code § 1798.80(e)||Name, address, telephone number, insurance policy number, employment history, medical information, health insurance information||Yes||No|
|Protected classification characteristics under California or federal law||Age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information)||Yes||No|
|Commercial information||Products or Services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies||Yes||No|
|Internet or other similar network activity||Internet protocol address, type of browser, number of links clicked within our Services, state or country from which you accessed our Services, date and time of visit, name of Internet service provider, third party Websites you linked to from our Services, pages or information you viewed on our Services, number of times you have viewed an ad||Yes||No|
|Geolocation data||Region or postal code||Yes||No|
|Professional or employment-related information||Work experience, performance evaluations||Yes||No|
Your Nevada Privacy Rights
We may collect the following categories of covered information about you through our Website, Mobile Application, and Services when you visit the Website and Mobile Application or use the Services such as:
- First and Last Name;
- Physical Address;
- Email Address;
- Telephone Number; and
- User Name.
We may share such covered information with categories of third parties such as marketing.
Third parties may collect covered information about your online activities over time and across different Internet Websites or online Services when you use the Website, Mobile Application, or Services.
If you use or visit the Website, application or use the Services you may review and request changes to any of your covered information that is collected through the Website, application or use the Services by calling .
You may submit a verified request that we not sell any covered information that we have collected or will collect about you by calling . After we receive your request and determine that it is a verified request, we will not sell any covered information that we have collected or will collect about you.
What if I am accessing this Website or application from outside of the United States?
In collecting Personal Information, our Services may also collect PHI. Just as we strive to protect Personal Information we are committed to protecting your PHI. If there is a breach of your PHI, we are required by law to notify you. Your PHI will only be disclosed to you or your personal representative, unless otherwise required or permitted by state or federal law. In all circumstances, unless otherwise required by law, we will obtain your written authorization before using or disclosing your PHI. This protection extends to PHI that is oral, written, or electronic.
If collected, we will take reasonable measures to protect the confidentiality of Social Security numbers and limit access to those with a need for such information. We prohibit the unlawful disclosure of Social Security numbers.
We will never ask for or knowingly collect Personal Information from children through the Services or Website or Mobile Application. If you are a child, you are not permitted to use the Website or Mobile Application and should immediately exit our Website or Mobile Application. Parents of un-emancipated minors may set up accounts for themselves to access their children’s medical records only as permitted pursuant to the Terms governing the Website or Mobile Application. If you think that we have collected personal information from a child through this Website or Mobile Application, please contact us at and we will dispose of the information as required by applicable law.
You may also contact us at:
- Specific Disclaimers
As noted above, the use of certain of our site, application, and Services also have supplemental terms based on the subject matter and content of the specific site or Services, including our site, application, and Services set forth below. You can find the supplemental terms governing those specific sites and Services at the following links:
- Health Sites and Services: Health Sites and Services
- Legal Sites and Services: Legal Sites and Services
- Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the site, please send an email to .
- Dispute Resolution; Arbitration
We believe we will be able to resolve most disputes or issues you may have using our site, application, and Services. In the unlikely event we are not able to resolve a dispute or issue, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you agree to the following resolution process.
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with us for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: , Attn: Legal Department.
We prefer to resolve our issues with you directly and, accordingly, you agree to arbitrate with us only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
You agree that arbitration will be exclusively held in Miami-Dade County, Florida and that each party will be responsible for its own costs, including paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. In order to select an arbitrator, each party agrees to provide a list of two available arbitrators that have experience with the subject matter. Each party may strike one of the names on the other party’s list. The parties will select an arbitrator out of the remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If you’re not sure what all of this means, of course please feel free to ask an attorney.
Copyright, Trademark and Patent Notices
Except as otherwise expressly provided, all contents of our Website, Mobile Application, and Services are copyrighted. All rights reserved. Certain of our registered trademarks can be found at , which are protected by United States and international laws. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through our site, application, and Services are our trademarks (collectively, “our marks”). These TOU do not authorize you to use our marks or any similar or related marks for any use pertaining to classified advertising, Internet advertising, social networks, online forums, online communication Services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with us. One or more patents owned by us apply to our site, application, and Services and to the features and Services accessible via our site, application, and Services.
Reservation of Rights in our site, application, and Services
Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to our Website, Mobile Application, and Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
These TOU, along with any documents linked to in these TOU, as well as those incorporated hereto by reference, constitute the entire agreement between you and us and supersede any prior written or oral agreement. Other than our representatives (who are expressly included as named third-party beneficiaries of these TOU), there are no third-party beneficiaries to these TOU. If any provision of these TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of these TOU will remain in full force and effect.
Governing Law; Forum
Any and all claims, causes of action or disputes (regardless of theory) between you and us arising out of or related to these TOU, our Website, Mobile Application, and Services or content accessed through our Website, Mobile Application, and Services will be governed by the laws of the State of Florida, without regard to conflict or choice of law principles.
You agree that any claims, causes of action or disputes not subject to Section 16 (Dispute Resolution; Arbitration) will be brought exclusively in courts located within the county of Miami, Florida, and you agree to submit to the personal and exclusive jurisdiction of such courts, for any actions. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one (1) year after such claim or cause of action arose or be forever barred.
All claims not subject to Section 16 (Dispute Resolution; Arbitration) that you bring against us must be resolved in accordance with this provision. All claims filed or brought contrary to this section will be considered improperly filed. Should you file a claim contrary to this section, we may recover attorneys. fees and costs up to U.S. $2,500 provided that we have notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.
When you use our Website, Mobile Application, and Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our Website, Mobile Application, and Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your use of our Website, Mobile Application, and Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Termination; No Assignment
You may terminate your account and/or stop using our Website, Mobile Application, and Services at any time. We may, in our sole discretion, terminate or suspend your access to all or part of our Website, Mobile Application, and Services for any reason, including, without limitation, violation of these TOU and/or if we have a reasonable ground to suspect that you have violated these TOU.
These TOU and the rights granted and obligations undertaken, may not be transferred, assigned or delegated by you. Any purported attempt will be ineffective. We retain the right to transfer, assign or delegate these TOU.
You automatically grant and assign to us, a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into our Website, Mobile Application, and Services any suggestions, enhancement requests, recommendations or other feedback provided by you.
Any failure by us to enforce or exercise any provision of these TOU, or any related right, will not constitute a waiver of that provision or right.
Last updated: July 13, 2020