Terms of Use

Continue to provide wonderful services to your customers!
—Mobile Health Patient

Mobile Terms of Use

Last Updated: August 31, 2020

These terms and conditions of use (“Terms of Use”) cover your use of and access to the website located at https://www.mobilehealth.net/ and any associated websites, apps, portals, or platforms (collectively, “Site”), which is owned and operated by Mobile Health Management Services, Inc. (“Mobile Health”, “we”, “us”, or “our”).

Please read these Terms of Use carefully and in their entirety, as these Terms of Use include important information about your legal rights, remedies, and obligations. Feel free to contact us if you have any questions about these Terms of Use.

By using or accessing this Site, you are agreeing to these Terms of Use and our Privacy Policy. References to “you”, “your”, and similar terms are construed accordingly in these Terms of Use to mean users and visitors of this Site. If you do not agree to these Terms of Use, you should not use or access this Site.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN THE SECTION ENTITLED “GOVERNING LAW AND DISPUTE RESOLUTION” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST MOBILE HEALTH ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST MOBILE HEALTH IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. PLEASE READ IT CAREFULLY AS IT IMPACTS YOUR LEGAL RIGHTS.

MEDICAL INFORMATION

This Site is not intended for medical emergencies or urgent situations. If you believe you have an emergency, call 9-1-1 immediately.

This Site may contain general information related to medical conditions, testing, and other health care topics. Any such information is provided for informational purposes only and is not and should not be interpreted as medical advice or as a substitute for consultation with a physician or other qualified health care professional. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment. The receipt of any User Content (as defined herein) does not create a professional relationship and does not create any privacy interests other than those that may be described in our Privacy Policy.

YOUR ACCOUNT

These Terms of Use will remain in full force and effect for as long as you use this Site. To access certain parts and services of this Site, you must first sign up for a new user account (“Account”) and submit certain information.

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.

In the event that your Account is terminated, these Terms of Use will remain, to the extent applicable, in full force and effect.

ACCEPTABLE USE REQUIREMENTS

You are required to comply with all applicable federal, state, and local laws in connection with your use of this Site. As a condition of your use of this Site, you agree that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use. You agree that you will only provide information in connection with any and all other uses of this Site that is true and accurate, identifies only you, and is not false, misleading, or otherwise an impersonation of any person or entity.

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;
  • Harvest or collect Personal Information (as defined in our Privacy Policy) about any other individual who uses 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
  • Assist any third party in engaging in any activity prohibited by these Terms of Use.

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.

YOUR CONTENT

You may choose to provide inquiries, feedback, comments, ideas, and other materials, content, or information through this Site or via email, which may include text, photos, audio, code, forms and agreements, files, videos, images, and other materials (“User Content”). You may submit User Content by messaging us, or contacting us via the contact information provided below. Except for Personal Information maintained in accordance with our Privacy Policy and which may be governed by applicable privacy laws and regulations, you acknowledge and agree that any User Content will be treated as non-confidential and non-proprietary. 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.

PRIVACY

Your privacy is very important to us. Please read our Privacy Policy for information on how your Personal Information provided in connection with your use of this Site will be handled. By accepting these Terms of Use you are also accepting the terms of our Privacy Policy, which are incorporated herein by reference for all applicable purposes.

ELECTRONIC COMMUNICATIONS

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.

DISCLAIMERS

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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MOBILE HEALTH OR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THESE TERMS OF USE, MOBILE HEALTH, OR THIS SITE, INCLUDING WITHOUT LIMITATION, ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THIS SITE, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THESE TERMS OF USE, US, OR THIS SITE SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, IN SUCH CASES, THE LIABILITY OF THE MOBILE HEALTH OR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, reimburse, and hold harmless Mobile Health and our directors, officers, employees, partners, agents, successors, designees, licensees, sublicensees, and assigns from and against any and all liability, loss, damages, judgments, fees, penalties, fines, costs, and expenses (including, without limitation, reasonable attorneys’ fees, costs and expenses, and court costs) arising out of or related to your use of this Site and Mobile Health Content, your violation, breach, or alleged breach of these Terms of Use or our Privacy Policy, and your violation or alleged or threatened violation of any laws, rules, or regulations, or any rights of a third party (including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity, or moral rights of any third party) arising from your User Content. You agree to cooperate as fully as required by us in the defense or settlement of any claim.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York excluding its conflict of law rules.

Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the Arbitration, the appointment shall be made by the AAA in accordance with the Commercial Arbitration Rules. The place, or legal seat of arbitration, shall be New York, and the language of the arbitration shall be English.

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.

MISCELLANEOUS

Unless expressly stated in these Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Mobile Health, and our successors, designees, and assigns. Nothing in these Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you and Mobile Health and our successors, designees, and assigns, nor shall any provision give any third parties any right of subrogation or action over against you, Mobile Health, and our successors, designees, and assigns.

We shall have the right to assign these Terms of Use in whole or in part to any person or business entity. You may not assign your rights or delegate your obligations under these Terms of Use without our prior written consent.

These Terms of Use, together with our Privacy Policy, set forth the entire understanding and agreement of you and Mobile Health is to the subject matter hereof and supersede all prior proposals, discussions, or agreements (oral and written) with respect to such subject matter. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Mobile Health’s failure to act with respect to a breach by you or others does not waive Mobile Health’s right to act with respect to an antecedent, subsequent, or similar breaches.

We will not be deemed to be in breach of these terms or liable for any breach of these Terms of Use or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, or other disaster.

Mobile Health reserves the right to modify these Terms of Use from time to time in its sole discretion, effective upon posting. In the event of such changes, we will post the changes on this page and/or notify you via email. Any use of this Site after such changes shall be deemed an acceptance of those changes. You should periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. We may also impose rules for and limits on use of this Site or restrict your access to all or part of this Site without notice or penalty.

These Terms of Use will survive any termination, discontinuation, or cancellation of this Site or your Account.

CONTACT

Mobile Health Management Services, Inc.

229 West 36th street

9th floor

New York, NY 10018

it@mobilehealth.net