Terms of Use

THIS PAGE STATES THE TERMS AND CONDITIONS THAT CONSTITUTE THE LEGAL AGREEMENT GOVERNING YOUR USE OF ANY WEBSITE ON WHICH THIS TERMS OF USE AGREEMENT MAY BE PUBLISHED (EACH, A “SITE”). PLEASE READ THIS PAGE CAREFULLY, BECAUSE IT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES WITH RESPECT TO YOUR USE OF EACH SITE. IF YOU DO NOT ACCEPT THIS TERMS OF USE AGREEMENT, DO NOT USE OR SUBMIT ANY INFORMATION THROUGH ANY SITE. BY USING A SITE IN ANY MANNER (WHICH INCLUDES, BUT IS NOT LIMITED TO, MERELY ACCESSING A SITE AND/OR READING ITS CONTENT, AS WELL AS INTERACTING WITH IT, WHETHER AS A REGISTERED USER OF THE SITE AND/OR OF ANY SERVICE OFFERED THROUGH THE SITE OR OTHERWISE), YOU SIGNIFY THAT YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, WILL ABIDE BY, AND AGREE TO BE BOUND BY THESE TERMS OF USE, BY ANY ADDITIONAL TERMS THAT MAY GOVERN CERTAIN PRODUCTS, SERVICES AND/OR INFORMATION AVAILABLE THROUGH ANY SITE WHICH MAY BE PRESENTED TO YOU IN CONJUNCTION THEREWITH (THE “ADDITIONAL TERMS”), AND BY THE TERMS OF THE FOLLOWING ADDITIONAL POLICIES AND AGREEMENTS, ALL OF WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE (COLLECTIVELY, THE “AGREEMENT”):

• Privacy Policy

AS USED IN THIS AGREEMENT, THE WORDS "YOU" AND "YOUR" REFER TO EACH USER OF ANY SITE (AND ANY COMPANY OR OTHER ENTITY A USER MAY REPRESENT), AND THE WORDS "WE", "US", "OUR" AND ANY OTHER VARIATION THEREOF REFER TO DOTHEALTH, LLC (“DOTHEALTH”), WHO IS THE OWNER OF ALL SITES. THIS AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT AS LONG AS YOU ARE A USER OF ANY SITE AND YOUR OBLIGATIONS HEREUNDER AND ANY DISCLAIMERS AND LIMITATIONS SET FORTH HEREIN (INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO INDEMNIFICATION, WARRANTIES AND LIMITATIONS OF LIABILITY) WILL SURVIVE ANY CESSATION OF SUCH USE AND/OR ANY CESSATION OF YOUR USE OF ANY PRODUCT, SERVICE, INFORMATION AND/OR FEATURE AVAILABLE ON ANY SITE. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF USE, THOSE OF ANY ADDITIONAL TERMS, AND/OR THOSE OF THE ADDITIONAL POLICIES AND AGREEMENTS SPECIFIED ABOVE, THE FOLLOWING ORDER OF PRECEDENCE WILL GOVERN: FIRST, THE ADDITIONAL TERMS; SECOND, THE POLICIES AND AGREEMENTS SPECIFIED ABOVE; AND THIRD, THESE TERMS OF USE. IN THE EVENT OF A CONFLICT BETWEEN THE CONTENT IN ANY FREQUENTLY ASKED QUESTIONS OR ‘FAQ’ SECTION OF ANY SITE AND THIS AGREEMENT, THIS AGREEMENT WILL GOVERN.

BY USING ANY SITE, YOU REPRESENT AND WARRANT THAT (A) YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO AND ABIDE BY THIS AGREEMENT, (B) YOU ARE AT LEAST 18 YEARS OF AGE, (C) YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY, AND (D) YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES. ALL SITES ARE INTENDED SOLELY FOR USERS WHO ARE 18 YEAR OF AGE OR OLDER. ANY REGISTRATION BY, USE OF OR ACCESS TO ANY SITE BY ANYONE UNDER 18 IS UNAUTHORIZED AND CONSTITUTES A VIOLATION OF THE AGREEMENT.

Site Content

The content of each Site, such as all software, designs, text, graphics, logos, artwork, images, photographs, audio clips, video clips, digital downloads, documents, button icons, and other content, information and/or materials displayed on or otherwise accessible from or on such Site, including the selection and arrangements thereof (collectively, “Site Content”), is the exclusive property of DotHealth and/or its subsidiaries, affiliates, assigns, licensors, advertisers, suppliers, vendors, promotional partners, and/or sponsors. Nothing in this Agreement will be interpreted to convey any rights, title or interest in or to any Site Content. All Sites and Site Content are provided to you as a convenience and for your information only. DotHealth does not represent or warrant that: (a) the Site Content is accurate or complete, (b) the Site Content is up-to-date or current, (c) the Site Content will be updated, (d) the Site Content is free of technical inaccuracies or typographical errors, (e) the Site Content is free from changes caused by third parties, or (f) access to any Site and/or Site Content will be free from interruptions, errors, computer viruses or other harmful components. It is your sole responsibility to evaluate the accuracy, completeness, and usefulness of any Site Content. Under no circumstances will DotHealth be liable for any loss or damage of any kind arising out of or relating to your use, download, reproduction, distribution and/or reliance on any Site or Site Content.

You are hereby granted permission to access the Site Content from the Site on or in which you may find it in whole or in part, solely for your personal, non-commercial use of viewing and browsing through such Site or ordering products or services from such Site. This permission terminates automatically if you breach any of the terms of this Agreement. If pursuant to an express authorization from DotHealth you download or copy Site Content from any Site, the Site Content, including all code, files, and images contained in or generated by the Site Content, and accompanying data, are deemed to be licensed to you by DotHealth. Neither title nor intellectual property rights are transferred to you. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert any Site or Site Content comprised of software or other code to a perceivable form. DotHealth does not grant you any permission to use any Site or Site Content other than the permission expressly stated in this Agreement. All other use of any Site or Site Content (in whole or in part), including, but not limited to, uploading, downloading, displaying, publishing, performing, broadcasting, transmitting, retransmitting, modifying, creating derivative works from, reproducing (whether by linking, framing, or any other method), or otherwise exploiting any Site or Site Content, are strictly prohibited without DotHealth’s prior express written consent.

Access to certain Sites and/or Site Content may not be lawful by certain persons or in certain countries. You also understand, acknowledge, and agree that downloading of any object code or software by users in restricted countries is prohibited. If you access any Site or Site Content, you do so at your own risk and are responsible for compliance with all local, state, federal, national and international laws, rules, regulations, ordinances, judgments, decrees and treaties (collectively, “Laws”) applicable to the jurisdiction from which you access the such Site or Site Content.

Notwithstanding any statement to the contrary in this Agreement, you will not use or attempt to use, and shall cause each other person under your control not to use or attempt to use, any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, avatars, or intelligent agents) to navigate or search any Site other than (a) the search engine and search agents available from the relevant Site, if any, and (b) generally available third-party web browsers.

Collection of Information

When you use any of our Sites, or access and/or use any services, products, information and/or features available on or through any of our Sites (collectively, “Site Features”) or otherwise provided by us, you consent to our collection, use, disclosure of information about you as described in our Privacy Policy. If you do not agree to our Privacy Policy, please do not use our Sites, any Site Features, or any other services, products or information that may be covered by our Privacy Policy.

User Content and Submissions

Any content (except for personally identifiable information) that you provide to us or on or through any Site, whether by posting, uploading, emailing or via any other method (collectively “Submitting”), including, but not limited to, photos, messages, graphics, notes, text, information, audio, video, ratings, feedback, data, answers, questions, comments, suggestions, plans, ideas, or the like (collectively “User Content”), will be deemed to be non-confidential and non-proprietary, and we will have no obligation to protect such information from disclosure absent a written agreement to the contrary signed by an authorized representative of DotHealth. You understand, acknowledge, and agree that the Submission of User Content in no way will prevent the purchase, manufacture, use or implementation of the same or any similar products, services, plans, and/or ideas by DotHealth, its affiliates, subsidiaries and/or related companies, and/or their respective owners, managers, officers, directors, employees, representatives, agents, contractors, operational service providers, and advertisers (collectively, “Related Parties”) for any purpose whatever. You further understand, acknowledge and agree that by Submitting any User Content, you grant DotHealth a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense (through multiple tiers), to use, copy, publicly perform, digitally perform, publicly display and distribute (through multiple tiers and without attribution) such User Content, and to sell, modify, create derivative works from and/or to incorporate such User Content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without attribution, royalties, compensation, payment or other consideration to you of any kind or nature. You hereby waive any and all moral rights that you otherwise may have to your User Content. By Submitting User Content to any area of a Site open to other users or the general public, you understand, acknowledge, and agree that such User Content will be considered public information for purposes of the Privacy Policy and will not be subject to the privacy protections generally afforded your Personal Information.

You may not Submit User Content on or through any Site that is not accurate and truthful or that you did not create (unless you have express permission from the proper third party to Submit it). You assume all risks associated with all uses of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in User Content that makes you personally identifiable. We reserve the right to contact you or disclose your identity for any User Content posted that in our sole discretion violates this Agreement or any applicable Law.

Case Study License

You acknowledge and agree that upon submitting any web form found on any applicable section of a Site or otherwise requesting that we or any Related Party feature as a case study or otherwise publicize you, your use of any .health domain name and/or any website located on your .health domain name (collectively, “Case Study Information”) on any Site or on any other website controlled by or on behalf of DotHealth, you hereby grant us and each such Related Party a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense (through multiple tiers), to link to, showcase, use, copy, publicly perform, digitally perform, publicly display and distribute (through multiple tiers and without attribution) such Case Study Information, including, without limitation, website screenshots, names, likenesses, trademarks, logos, and other appropriate information and content in or on any one or more of our Sites and marketing, promotional and communications materials (the “Case Study License”). You may terminate a Case Study License at any time by emailing us at support@get.health.

Trademarks and Service Marks

There are a number of proprietary trademarks, service marks, logos, slogans, and product designations found on our Sites. By granting you access to and permitting you to use our Sites and by making such marks, logos, slogans and designations available thereon, DotHealth is not granting you by implication, estoppels, or otherwise, a license to use them in any fashion under any of DotHealth’s or any third party’s intellectual property rights or otherwise. No DotHealth trademark, service mark, logo, slogan or product designation may be used as a hyperlink without DotHealth’s prior written permission. All product or service names and other marks not owned by DotHealth are the property of their respective owners. Requests to use any such third party owned names or marks should be directed to the relevant third party owner thereof.

Accounts, Passwords and Use of the Site

To use and access all available Site Features and/or to obtain additional products, information or services from DotHealth or our Related Parties, you may be required to complete a registration process, which may include entering your name, a username, creating a password, and/or completing a profile (collectively, a “Profile”). You understand, acknowledge and agree that you are responsible for maintaining the confidentiality and security of your username, password and identification, and are fully responsible for all uses of your username, password, registration, account and/or Profile (collectively, your “Account”) and for any activity that occurs under your Account, whether or not authorized by you, including, without limitation, any fees associated with such use (including use of third party services accessed on or through any Site). You agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on any Site (“Registration Data”); (b) maintain and promptly update the Registration Data and any other information you provide to DotHealth to keep the same accurate, current and complete; and (c) notify us immediately of any unauthorized use of your Account, or if you believe your password has been lost or stolen or any other breach of security relevant to your Profile, Account, and/or any Site.

By creating an Account or otherwise Submitting User Content, you agree that we may send you certain communications. You can opt-out of receiving commercial communications by following the instructions contained in those communications or by emailing optout@get.health. By accessing, using and/or registering for any Site and/or any Site Feature (irrespective of whether you are a registered user), you understand, acknowledge, and agree that you are automatically subject to the rules of conduct set forth below. You further agree that we reserve the right, in our sole discretion, to terminate your access to any or all Sites and/or any registration, membership, Profile and/or Account you may have created on any Site at any time, delete any or all User Content you may have Submitted, block access to your Account and/or reject participation in any other activity or service available on or through any or all Sites. We reserve the right to take any such actions, with or without notice, for any or no reason, and without any liability to you or any third party.

You understand, acknowledge, and agree that you are prohibited from using any Site for any of the following purposes, in addition to the conduct requirements listed below in the Prohibited Conduct section of this Agreement:

1. Creating and/or using an Account for any reason other than to use Site Features as they are intended to be used.
2. Sending a message to a user for any reason other than as contemplated by a specific Site Feature.
3. Deleting or revising any User Content Submitted by any other person or entity.
4. Forging any TCP/IP packet header or any part of the header information in any email, posting or other Submission for any reason.

Site Features that are only available to registered users of a Site (“Restricted Features”) are to be accessed and/or used only by registered users of the relevant Site. All registered users should have only one unique username with one unique password. Sharing a password or other Account information with any non-registered user for purposes of allowing a non-registered user to access or use Restricted Features will be deemed a breach of this Agreement for which we may terminate your Account immediately without notice (in addition to any other remedies available hereunder, at Law and/or in equity). Violations of the system or network security of any Site may result in civil or criminal liability. We will investigate possible violations of system or network security and may involve, and cooperate with a user’s employer, Internet Service Provider, and/or law enforcement authorities in investigating and/or prosecuting users who are involved in such violations. If you desire to cancel your Account, you must notify us.

Prohibited Conduct

No Site may be used in any manner that is unlawful or harmful to our rights and/or the rights of any third party (including Related Parties), or that is in violation of this Agreement or any applicable Law. You may not attempt to: (a) alter, or destroy data on, from or through any Site or retrieve any data on, from or through any Site other than that which is made directly available to you on such Site; (b) probe, scan or test the vulnerability of a system or network on, from or through any Site; (c) breach or defeat system or network security measures on, from or through any Site such as authentication, authorization, confidentiality, intrusion detection, or monitoring; (d) interfere with or disrupt any Site or our business, operations or services, or those of any third party (including Related Parties); (e) interfere with or disrupt any computer, host, network, or telecommunications device we maintain or which is maintained by any third party (including Related Parties); (f) interfere with or disrupt the legitimate use of any Site by any person, including, without limitation, via means of submitting a virus to any Site, overloading, "flooding," "spamming," "mailbombing," or "crashing" any Site or the server of any user; (g) transmit, distribute, disseminate, publish or store any information that is in violation of any applicable Law or is defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of any party; (h) violate the privacy rights of any party; (i) use any technology that is or reasonably should be known to contain software viruses, Trojan horses, or any computer code, files, or programs designed to disrupt, destroy, invade, gain unauthorized access to, corrupt, observe, or modify without authorization, any of our data, software, computing or network devices, or telecommunications equipment, or those of any authorized user or of any third party (including Related Parties); (j) use any Site to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (such as “spam”) or commercial electronic messages even if previously solicited by the intended recipient; (k) copy (whether directly or by use of any scraping or similar techniques) any Site Content; (l) bypass the homepage of any Site via deep-linking or any other means, or frame any Site, or any Site Content without the express written permission of DotHealth; (m) falsify identification or impersonate any person or entity, including, but not limited to, a DotHealth representative and/or a chat room or public forum leader, host, or guide.

Compliance with Laws

You represent and warrant that your use of each Site will comply with all applicable Laws and that you will not restrict or inhibit any other user from using and enjoying any Site.

No Endorsement of User Content

DotHealth does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements of third parties or any other User Content displayed on, transmitted or otherwise Submitted via any Site. Any such information or material Submitted to or through any Site are the views and responsibility of those Submitting it, and do not necessarily represent the views of DotHealth.

Links and Advertisements

Sites may contain links or pointers to other websites and/or mobile applications maintained by third parties, banner and general advertising, and other content provided by advertisers and other third parties (collectively, “Third Party Content”). You understand, acknowledge, and agree that the inclusion of Third Party Content on any Site does not indicate (a) an endorsement by DotHealth of (i) any Third Party Content provider or the business practices (including the privacy policies) thereof, (ii) the goods, services, or information provided by any Third Party Content provider, and/or (iii) the advertising, information and/or messages conveyed in any Third Party Content, or (b) any other authorization, sponsorship, affiliation, joint venture or partnership by, with or between any Third Party Content Provider and DotHealth and/or any Related Parties. You may from time to time enter into correspondence with Third Party Content providers or otherwise participate in the Third Party Content offered through a Site. However, all such correspondence and participation, including, without limitation, any resulting contractual agreements, are solely between you and the relevant Third Party Content provider. You further agree that we are not responsible for upholding any applicable terms, conditions, representations or warranties made by Third Party Content providers or the purchase of goods and services offered by Third Party Content providers. DotHealth reserves the right to terminate a link to a third party website at any time and remove any other Third Party Content at any time. Linked and/or advertised third party websites are not under our control and DotHealth is not responsible for their availability, content, advertising, products or materials, including any further links in a third party site or application. It is up to you to take precautions to ensure that any third party website or application you navigate to, download or use through any Third Party Content on any Site is free of computer viruses, worms, Trojan horses and other items of a destructive nature. You agree that neither DotHealth nor any Related Parties will, under any circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Third Party Content and/or any products, services, information, content, advertising, or business practices of any Third Party Content provider and/or any linked third-party sites or applications. If you decide to access and use linked third-party websites or applications, you understand, acknowledge, and agree that you do so at your own risk. Any concerns with any Third Party Content and/or any third party products, services, information, websites or applications should be directed to the provider thereof. Any website or application linking to any Site (a) may link to, but not replicate, the Site Content; (b) should not create a browser, border environment or frame the Site Content; (c) must not imply that we are endorsing it or its products; (d) must not misrepresent its relationship with us; (e) must not present false information about our products, services, or Sites; and (f) must not contain content that could be construed as obscene, distasteful, offensive or controversial.

Third Party Beneficiary Rights

Some of the provisions within this document are for the benefit of Related Parties. You acknowledge and agree that at all times all Related Parties (whether individuals or entities) will have the right to assert and enforce those provisions directly against you on their own behalf.

Disclaimer of Warranties

SITE CONTENT AND SITE FEATURES (INCLUDING THOSE PROVIDED BY THIRD PARTIES) ARE PROVIDED by DOTHEALTH "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (OTHER THAN THOSE THAT MAY BE AVAILABLE TO YOU DIRECTLY FROM THIRD PARTY PROVIDERS AS AN END USER OF SUCH THIRD PARTIES PURSUANT TO THE RELEVANT THIRD PARTY’S TERMS AND CONDITIONS OF SERVICE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOTHEALTH MAKES NO WARRANTIES WITH RESPECT TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF SITE CONTENT AND/OR SITE FEATURES, OR THAT ANY SITE, SITE FEATURES, AND/OR THE SERVERS AND/OR SOFTWARE OF ANY SITE WILL BE ERROR-FREE, AVAILABLE FOR UNINTERRUPTED USE, OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOTHEALTH ON OR THROUGH ANY SITE WILL CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH ANY SITE OR SITE FEATURE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SITE FEATURE. YOUR USE OF ALL SITES AND SITE FEATURES IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF ANY SITE, SITE FEATURE AND/OR ANY SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT NEITHER DOTHEALTH NOR ANY RELATED PARTY WILL BE RESPONSIBLE FOR THOSE COSTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU.

Indemnity; Limitation of Liability

You agree to indemnify, defend and hold DotHealth and its Related Parties harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of, resulting from or relating to your misuse of any Site, Site Feature, Third Party Content, or User Content you Submit, your violation of applicable Law, and/or your violation of this Agreement. DOTHEALTH WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATING TO YOUR FAILURE TO COMPLY WITH THIS AGREEMENT. You agree that neither DotHealth nor any of its Related Parties will have any liability or responsibility to you for any loss or damage under any theory of liability or indemnity arising from or relating to your failure to comply with this Agreement and/or in connection with your use of any Site and/or Site Feature. You hereby release and forever waive any and all claims you may have against DotHealth and its Related Parties for losses or damages you sustain in connection with your use of any Site and/or Site Feature.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) YOU EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS THAT YOU MAY HAVE (IF APPLICABLE) UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES AS FOLLOWS: "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", AND (II) UNDER NO CIRCUMSTANCES WILL DOTHEALTH OR ANY OF ITS RELATED PARTIES BE LIABLE FOR ANY DIRECT (OTHER THAN A REFUND OF AMOUNTS PAID BY YOU TO DOTHEALTH IN THE PREVIOUS SIX (6) MONTHS DIRECTLY FOR USE OF ANY RELEVANT SITE, IF ANY), INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOST DATA OR PROFITS, RESULTING FROM ACCESS TO, USE OF OR INABILITY TO USE ANY SITE AND/OR SITE FEATURE, OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH TRANSMISSION OF INFORMATION VIA THE INTERNET, EVEN IF ONE OR MORE OF DOTHEALTH AND ANY RELATED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF YOUR DAMAGES. If your use of any Site results in your need to service, repair or correct equipment or data, you assume the costs to the extent not prohibited by applicable Law. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by applicable Law. We reserve the right to take exclusive control and defense of any claim subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses.

Modification or Discontinuance

At any time and from time to time, without notice to you, and for any or no reason in its sole and absolute discretion, DotHealth may modify, suspend or discontinue, in whole or in part and on a temporary or permanent basis, any or all aspects of any one or more Sites, including, without limitation, any one or more Site Features. You understand, acknowledge, and agree that DotHealth will not be liable to you or any third party in connection with or as a result of any such modifications, suspensions or discontinuances.

Governing Law and Venue

This Agreement is governed by and will be construed in accordance with the internal laws of the State of Florida applicable to contracts made and to be performed entirely therein, and, where applicable, the federal Laws of the United States of America, without reference to and wholly excluding any conflict or choice of law rule or principle that otherwise might refer construction, interpretation or enforcement of this Agreement to the substantive of Laws of any other jurisdiction, foreign or domestic. All proceedings, disputes, claims and/or controversies in any way relating to or arising out of any Site, Site Feature, Site Content, User Content, Third Party Content and/or this Agreement must be brought and heard exclusively (a) for those brought by you, in the state and federal (if a basis for federal jurisdiction exists) courts located in Miami, Florida, and (b) for those brought by us or any of our Related Parties in the state and federal (if a basis for federal jurisdiction exists) courts located in Miami, Florida or in any court located in a jurisdiction in which you reside, are organized or incorporated (if applicable), and/or from where you accessed the relevant Site. You hereby irrevocably consent to the personal and subject matter jurisdiction of such courts and waive any claim that such courts represent an inconvenient or otherwise inappropriate venue or forum. DotHealth controls and operates all Sites from our offices in Miami, Florida. DotHealth does not represent or warrant that any Site, Site Features, Site Content, User Content and/or Third Party Content is appropriate or available for use in other locations. Persons who choose to access any Site from other locations do so on their own initiative, and are responsible for compliance with local Laws, if and to the extent applicable.

Miscellaneous

DotHealth’s failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between us and you nor trade practice will act to modify any provision of this Agreement. DotHealth may assign its rights and duties under this Agreement to any party at any time without notice to you. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO ANY SITE, SITE FEATURE, SITE CONTENT, USER CONTENT, THIRD PARTY CONTENT, AND/OR THIS AGREEMENT MUST BE FILED BY YOU IN AN APPROPRIATE COURT OF LAW WITHIN SIX (6) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IT WILL BE FOREVER BARRED. If any provision of this Agreement, or the application thereof to any person or circumstances, is found to be invalid or for any reason, unenforceable by any court having competent jurisdiction, (a) such provision will be deemed amended to the least extent possible to render it valid and enforceable in a manner that preserves the original intent of the provision as much as possible, and (b) the invalidity or unenforceability of such provision will not affect the validity and application of the remaining provisions of this Agreement, which will remain in full force and effect. No waiver of any term of this Agreement or any breach of this Agreement will be effective unless in a writing signed by the party to be charged with such waiver. No waiver of any term of this Agreement or any breach of this Agreement will be deemed a further or continuing waiver of such term or any other term or the breach thereof. This Agreement constitutes the complete and entire agreement between you and us with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, written, electronic or oral, in relation thereto, unless expressly agreed otherwise in a written agreement signed by authorized representatives of both you and DotHealth. The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect.

Modifications and Amendments

This Agreement may not be modified or amended by you under any circumstances. We may amend or modify this Agreement (in whole or in part) at any time by updating this page and/or posting such amendments or modifications and/or a revised version of this Agreement (“Amendments”) on any relevant Site. If we make a material change to this Agreement, we will notify you as required by law. Such Amendments will be effective and binding on you as a user of a Site immediately upon posting with respect to your use of such Site thereafter. Your use of any Site after such posting will be deemed acceptance of the posted Amendments. Therefore, we urge you to review this Agreement frequently.

Ownership

DotHealth exclusively retains all intellectual property rights (including patents, trademarks, copyrights, and trade secrets) and moral rights (including, rights of attribution and authorship) throughout the world in and to all Site Content and all derivative works and improvements based thereon (as each of those terms or their equivalents is defined and applied under any applicable Law). All Sites and Site Content are protected by United States and worldwide intellectual property and other Laws, including, without limitation, those relating to copyrights, trademarks, privacy and publicity, and the regulation of communications, and any unauthorized copying, displaying, or other use of any Site or Site Content may violate one or more of these Laws. Some Site Content on the Site is provided or reproduced with permission from third party sources, and that Site Content is the property of those third party sources. You may not reprint, republish, resell or redistribute these materials in any form or manner without our express written consent or the express written consent of the applicable rights holder. If you violate these restrictions, you may be subject to civil and criminal penalties.

Notices of Copyright Infringement and Counter-Notices Under the DMCA

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512; the “DMCA”), we have implemented procedures for receiving notice of alleged copyright infringement. If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed via any Site in a manner that constitutes copyright infringement, please notify us in writing by providing our copyright agent designated below the following information: (a) a detailed description of the copyrighted work that is allegedly infringed upon; (b) the Site (and specific location thereof) on or in which the allegedly infringing material was found; (c) your contact information, including your address, telephone number, and, if available, e-mail address; (d) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Notices pursuant to the DMCA should be sent to our Copyright Agent as follows:

DotHealth, LLC
Attention: Copyright Agent
120 SW 8th Street, Suite 100
Miami, Florida 33130
Email: dmca-notices@get.health

Please note that the above contact information is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in this Agreement or on the relevant Site. Correspondence pertaining to other matters sent to our Copyright Agent will not receive a response and will be disregarded. Please note that any person who submits a false or fraudulent claim of copyright infringement may be subject to liability under U.S. copyright law.

If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a written counter-notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, to our above designated Copyright Agent which contains: (i) your physical or electronic signature; (ii) identification of the material removed or to which access has been disabled; (iii) a statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified; (iv) your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (a) in the judicial district where your address is located if the address is in the United States, or (b) located in the Southern District of Florida (Miami Division), if your address is located outside the United States, and that you will accept service of process from the complainant submitting the notice or his/her authorized agent.

Questions and Comments

If you have any questions relating to this Agreement, any Site, any Site Features, any Site Content, and/or DotHealth, you may contact us in writing or by email as follows:

DotHealth, LLC
Attention: Support
120 SW 8th Street, Suite 100
Miami, Florida 33130
Email: support@get.health