Last Updated: August 31, 2020
This Site is not intended for medical emergencies or urgent situations. If you believe you have an emergency, call 9-1-1 immediately.
You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access or use certain services this Site provides. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password.
You must notify us promptly of any unauthorized use of your Account or password by contacting us at one of the methods provided below.
ACCEPTABLE USE REQUIREMENTS
Additionally, you agree not to, without limitation:
- Use any Mobile Health Content or information available on this Site for any unauthorized purpose;
- Interfere with or damage this Site or servers or networks connected to this Site or disobey any requirements, procedures, policies, or regulations of networks connected to this Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing of electronic mail address information, or similar methods or technology;
- Upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
- Upload, post, e-mail, or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- Attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site;
- Infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including, but not limited to, such rights of third parties; or
You represent, warrant, and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation.
Certain portions of this Site may have additional terms and conditions. When these portions are used, you agree to be further bound by the associated additional terms and conditions.
OUR CONTENT AND INTELLECTUAL PROPERTY RIGHTS
This Site may contain text, images, software, photographs, video, graphics, audio, features, data, designs, computer programs, source and object code, documentation, illustrations, animations, databases, logos, domain names, trade names, trade identities, and other such similar Mobile Health Content (collectively, “Mobile Health Mobile Health Content”). Unless otherwise expressly identified, Mobile Health Content is owned by us or by our third party licensors.
Mobile Health Content may be protected by United States and international copyright, trademark, and other laws. You may browse this Site and download Mobile Health Content solely for your personal use, provided you keep intact all copyright and other proprietary notices. Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Mobile Health Content from this Site, including code and software underlying this Site, nor may you sell, transfer, or otherwise use this Site or Mobile Health Content in commerce or for any public or commercial endeavor without our prior and express written consent.
We may in our sole discretion make changes to Mobile Health Content at any time without notice.
Without limiting the foregoing, you acknowledge that your User Content may be disseminated or used by Mobile Health for any purpose whatsoever, including developing, improving and marketing products and services. You hereby irrevocably transfer and assign to use all of your rights, title, and interest in and to all User Content, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such User Content.
In addition to the acceptable use requirements above, your User Content may not:
- violate any law, statute, ordinance, or regulation;
- be defamatory, libelous, slanderous, or threatening;
- contain offensive language or images, including sexually explicit content that is pornographic, obscene, harmful to minors, or constitute violations of child pornography or child sexual exploitation laws;
- denigrate any ethnic, racial, sexual, or religious group by stereotypical depiction or otherwise;
- exploit images or the likeness of any individual other than yourself (except where you have obtained express permission from such other individual(s) for such exploitation);
- promote physical harm of any kind against any individual or group or characterize violence as acceptable, glamorous, or desirable; or
- provide instructional information about illegal activities.
When you send e-mails and other communications from your desktop or mobile device to us or through this Site, you are communicating with us electronically.
You consent to receive communications from us (e.g., news and updates, password resent, notifications) including via e-mail, text messages, and phone calls at the email address or telephone number (including mobile number) you provided. You agree that all agreements and consents can be signed electronically and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
IF YOU WISH TO OPT OUT OF MARKETING EMAILS FROM US, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE MARKETING EMAIL ITSELF. You understand and agree that you may continue to receive communications from us while we process your opt-out requests, and you may also receive a communication confirming the receipt of your opt-out requests.
LINKS TO THIRD PARTY WEBSITES
This Site may contain links, references, and other forms of connectivity to other websites, services, and applications that are not owned, controlled or influenced by us (“Third Party Websites”). Inclusion of any link to Third Party Sites does not imply an endorsement or recommendation of any material, substance, information, practice, or the owner or proprietor of such Third Party Sites by Mobile Health. We make no representations or warranties of any kind as to the accuracy, currency, or completeness of any information contained in Third Party Sites and shall have no liability for any damages or injuries of any kind arising from such information contained in Third Party Sites. If you decide to access any Third Party Sites linked to by this Site, you do so entirely at your own risk. You should refer to the terms and policies of any Third Party Sites you use to determine your rights and responsibilities.
YOU USE THIS SITE AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING THIS SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT THIS SITE WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT THIS SITE WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE THIS SITE OR THE FEATURES, SERVICES, SOFTWARE, AND INTERFACES THIS SITE PROVIDES. WE DISCLAIM ANY LIABILITY FOR THE ACTIONS OR INACTIONS OF USERS ON OR OFF THIS SITE. YOU RELEASE US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.
LIMITATION OF LIABILITY
GOVERNING LAW AND DISPUTE RESOLUTION
You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons. Each party shall bear its own arbitration filing fees.
The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs or to proceed ex aequo et bono. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.
Mobile Health Management Services, Inc.
229 West 36th street
New York, NY 10018