The Terms of Use ("Terms") set forth the terms and conditions for your use of the 90Health website ("Site") and the related mobile services. These Terms govern your access to and use of the Services, and constitute a binding legal agreement between you, as a User of the Services, and 90Health, including any other entities controlling, controlled by or under common control with 90Health. These Terms, together with our Privacy Policy (which is incorporated herein by reference, and collectively, this "Agreement") govern your use of the Services, both as a non-registered User and as a registered User.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USE OF THIS SITE.
YOUR USE OF THIS SITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS OF USE. BY USING OR OTHERWISE ACCESSING THE SERVICES, AND/OR REGISTERING WITH 90HEALTH, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS WEBSITE. YOUR USE OF THE SITE AND/OR THE MOBILE SERVICES CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.
90Health provides, without limitation, the following services (collectively, the "Services"):
User acknowledges that 90Health is not a payer or healthcare provider, licensed or otherwise. 90Health shall neither have nor exercise any authority, control or direction over the Healthcare Provider’s professional medical judgment, treatment decisions or methods by which provider performs professional medical services for Client. 90Health will not assume responsibility for or control over the care of any patient treated by Healthcare Provider, or the User’s and/or Provider’s decisions about when to establish a patient/provider treatment arrangement, or any other activity that involves the practice of medicine or the provision of healthcare services. Healthcare Providers’ care to User will remain the sole responsibility of the Healthcare Provider and User at all times.
90Health grants you, the User, a non-exclusive, non-transferable, limited right to access, use and display the Site and the Mobile Services and the materials provided herein, and to download or print content displayed on our Site provided that you comply fully with this Agreement. The contents of the Site and the Mobile Services are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site or the Mobile Services or any part of them in any way. The Services, the Site and all information and/or Content are owned by 90Health or our licensors and is protected by U.S. and international copyright, trademark, patent, and other laws. Unless otherwise stated, 90Health and/or its licensors own the intellectual property rights in the website and material on the website. You acknowledge that 90Health and our licensors own or have the license to use all the intellectual property rights relating to 90Health, the Site, Service and Content, including without limitation, including applicable copyrights, trademarks and other proprietary rights. You may print, download and store information and Content from the 90Health Site for your own personal, non-commercial use only. You may not copy, modify, distribute or otherwise use the Content or program code for any purpose whatsoever, without 90Health's express written consent. User will not acquire any intellectual property rights in 90Health by your use of the Services or the Site.
You must be at least eighteen (18) years of age to register for and use this website. By using this website and by agreeing to the Terms, you warrant and represent that you are of legal age and able to form a binding contract. If you are not of legal age, you may not register to use our Services. The registered User for all patients under the age of 18 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with our Terms and our Privacy Policy.
Your affirmative act of using the Services and/or registering for the Services constitutes your electronic signature to this Agreement between you and 90Health, which includes these Terms of Use and the Privacy Policy,and your consent to enter into agreements with us electronically. 90Health may change the terms of these Terms of Use from time to time. We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email (for registered Users only). Any such modifications become effective upon the earlier to occur of (i) your acknowledgement of such modifications; or (ii) your continued access to and/or use of the Site or Services after we post notice of such modifications. It is your sole responsibility to check the Site from time to time to view any such changes to the terms in the Terms of Use. If you do not agree to any changes, if and when such changes may be made to the Terms of Use, you must cease access to the Site and use of the Services, and send notice of your termination of the present agreement to 90Health. You give us permission to email you for the purpose of notification as described above.
You may only use the Site and the Services for lawful, non-commercial purposes. You must not use, copy, store, host, transmit, send, publish or distribute all or part of this website in any way that is competitive with 90Health, or that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website, servers or networks; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You also agree not to use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Site without 90Health’s express written consent. You agree not to use this Site to transmit or send unsolicited commercial communications. You must not use this Site for any purposes related to marketing without 90Health‘s express written consent. You may not attempt to gain unauthorized access to any of the Services, User accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Site and/or Services (including, without limitation, Healthcare Provider or practice information, appointment availability, price information, and Insurance Content) for any purpose whatsoever.
If you are registering an account or using the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual's or entity's behalf. Regardless of whether you are a member or whether you schedule or intend to schedule appointments through the Services, if you are a healthcare provider or other person or entity in the healthcare industry, you acknowledge and agree that (a) you will not use the Services to view, access or otherwise use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a patient or prospective patient; (b) you will not use the Services to establish directly or indirectly, any agreement or coordination of the prices charged for any product or service, or otherwise engage or attempt to engage in price fixing; (c) you will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.
If 90Health terminates this Agreement (and therefore your access to the Site) based on a breach of any portion of this Agreement, 90Health reserves the right to refuse to provide access to the Site or the Services to you in the future. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period. 90Health shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Upon termination of your right to use our Services or Site or our termination of the Services or Site, all licenses and other rights granted to you by these Terms will immediately terminate. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to re-register).
Like most interactive websites, 90Health's website uses cookies to enable us to retrieve User details for each visit for your convenience. Cookies are used in some areas of our Site to enable the functionality of our Site and ease of use for those people visiting.
In addition to any other rights of the parties set forth herein, 90Health may cancel or terminate this Agreement at any time. 90Health also reserves the right to restrict, suspend or terminate your access to the Site and/or the Services in whole or in part, without notice, with respect to any breach, suspected breach or threatened breach by you of any portion of this Agreement. If 90Health terminates this Agreement (and therefore your access to the Site) based on a breach of any portion of this Agreement, 90Health reserves the right to refuse to provide access to the Site or the Services to you in the future. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period. 90Health shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Upon termination of your right to use our Services or Site or our termination of the Services or Site, all licenses and other rights granted to you by these Terms will immediately terminate. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to re-register).
In order to access certain features of the Services, including but not limited to, Healthcare Providers profile information, you will be required to become a registered User of the Services by creating an account with 90Health, including the creation of a User profile and a personal password. You are responsible for safeguarding and maintaining the confidentiality of the password you create when you register and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You agree that the information that you provide to 90Health, including your registration and any other information provided to gain access to Services will be true, accurate, current, and complete. This information includes, but is not limited to, name, address, phone numbers, email addresses, payment information, and account numbers. Changes can be made in your User profile. Each time you log in to our Services, we will remind you to update your information, but you are solely responsible for the accuracy and completeness of your information. In order to access the member-only portions of the Services, you must provide us with a current, valid email address so that we may contact you. By creating an account, you agree to keep your email address updated
You may also be required to complete a medical profile which will be established for you as a registered User to enter, store, and maintain your health information, and where your Healthcare Providers may communicate with you about your care. All of the information contained in your 90Health profile will be maintained in accordance with ourTerms of Use and our Privacy Policy. You agree to provide accurate and complete information for your 90Health profile, and to periodically review the information provided. Please refer to our Privacy Policy for more information.
90Health provides, without limitation, an e-Health platform that helps Users find Healthcare Providers, and facilitate appointment scheduling. 90Health also facilitates the telemedicine services offered by Healthcare Providers by providing an electronic platform for communications between Healthcare Providers and Users.
In connection with using the Site and the Services to locate and schedule appointments with Healthcare Providers, you understand and acknowledge that you are responsible for choosing your own healthcare provider. 90Health does not recommend or endorse any Healthcare Providers and does not make any representations or warranties with respect to these Healthcare Providers or the quality of the healthcare services they may provide.
Content provided by Healthcare Provider is intended for general reference purposes only. Such Content often changes frequently and may become out of date, incomplete or inaccurate. 90Health does not provide any advice, qualification or certification about any particular Healthcare Provider. You are encouraged to independently verify such Content. 90Health makes no claim as to the safety, appropriateness, or effectiveness of any procedures, products, services or devices marketed through the Services on the Site. You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk.
Healthcare Providers may create a profile page on 90Health to provide relevant information about their education, experience and areas of specialization. Healthcare Providers are solely and exclusively responsible for the content of their respective profiles. 90Health will not be liable for the content of the Healthcare Provider’s profiles, including, without limitation, the accuracy or reliability of any information contained therein. Users should carefully evaluate the Healthcare Provider(s) prior to selecting them by calling the appropriate licensing or certification authorities to verify listed credentials and education about a particular Healthcare Provider, the Healthcare Provider’s office, your current Healthcare Providers, the medical association(s) relevant to the Healthcare Provider’s specialty, your state medical board(s), and any other resources for validating the Healthcare Provider’s credentials.
The content of this Site, including all text, graphics, images, information and other material ("Content") contained on the Site, are intended for informational and educational purposes only, and not intended to be a substitute for professional medical advice, diagnosis, or treatment.
WHILE THE SERVICES YOU OBTAIN FROM 90HEALTH MAY CONTAIN SOME GENERAL MEDICAL INFORMATION, THE CONTENT OR SERVICES YOU OBTAIN FROM 90HEALTH CANNOT AND ARE NOT INTENDED TO PROVIDE MEDICAL ADVICE, AND SHOULD NOT BE CONSIDERED AS SUCH OR AS A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT (OTHER THAN A DIRECT RESPONSE FROM A QUALIFIED HEALTHCARE PROVIDER). ALL MEDICALLY RELATED INFORMATION, INCLUDING DIAGNOSIS AND TREATMENT, WILL BE PROVIDED BY THE INDEPENDENT HEALTHCARE PROVIDER(S) YOU QUALIFY AND SELECT. YOUR USE OF THE 90HEALTH WEBSITE, SERVICES, AND/OR ITS CONTENT IS NOT INTENDED TO FORM A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND 90HEALTH.
To the extent medical advice is provided to you by a Healthcare Provider through the Services, such medical advice is based on your personal health data as provided by you and the local standards of care for your presenting symptoms, based on your use of the Services. Responses to your medical questions and any recommended treatment options are not provided by 90Health, but are provided by your Healthcare Provider. We do not recommend or endorse any specific tests, Facilities, Healthcare Providers, Product and Service Vendors, procedures, opinions, or other information that may appear through the Services.
HealthCare Providers are not employed by, or agents of, 90Health. To the extent required by applicable state law, each Healthcare Provider is responsible for obtaining your informed consent to any medical diagnosis or treatment, including without limitation, your consent to use telehealth services.
If you have or suspect that you have an urgent medical problem or condition, please contact a qualified medical professional immediately. Do not disregard or delay obtaining medical advice from a medical professional because of information you may have read or obtained on this Site. DO NOT USE 90HEALTH 's SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 AND GO TO YOUR NEAREST HOSPITAL. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
Healthcare Providers may create a profile page on 90Health to provide relevant information about their education, experience and areas of specialization. These Healthcare Providers are solely and exclusively responsible for the content of their respective profiles. 90Health will not be liable for the content of the Healthcare Provider 's profiles, including, without limitation, the accuracy or reliability of any information contained therein.
Your medical care and/or your mental health care are solely the responsibility of you and your Healthcare Provider. All Healthcare Providers who have created a Provider Profile through the e90Health Site represent that they have the necessary degrees, licenses and/or certifications in their areas of specialty, as applicable. 90Health attempts to confirm the state licensure of Healthcare Providers who specifically register with 90Health. However, since changes may occur in a Healthcare Providers ' professional status at any time, 90Health recommends that you separately confirm that your Healthcare Provider(s) are in good standing with their respective licensing board(s). 90HEALTH AS AN E-HEALTH PLATFORM, IS NOT RESPONSIBLE FOR CREDENTIALING HEALTHCARE PROVIDERS AND MAKES NO REPRESENTATION REGARDING THE ACCURACY OF THEIR CREDENTIALS. 90Health will not be liable for fraudulent credentials or claims made by Healthcare Providers. We recommend that you verify the Healthcare Providers ' credentials, including education and licensure, by calling the appropriate licensing or certification authorities, medical association relative to the Healthcare Provider 's specialty, and the state medical board to confirm good standing.
By using this Website, you agree:
Any fees associated with the use of 90Health 's Services, platform and other products and offerings is clearly specified to Users, and must be agreed to in advance by the user.
Any "linked" payment processing accounts with third parties (such as PayPal or credit card accounts) will appear in your User profile on the Site, and you will be able to view at least certain summary information for all such linked payment accounts. You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your account(s) through the Services.
90Health 's fee arrangements or policies, if any, may be changed from time to time by posting the changes on the 90Health website 14 days in advance.
When You use the Services, 90Health has access to, and in many cases will monitor, your usage of the Services as you send and receive Content. By using the Services, you agree that 90Health may collect, use, and disclose information you provide during your use of the Services, as set forth in the 90Health Privacy Policy. As part of providing you the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services and your Account, which you may not be able to opt out from receiving.
If you prefer to receive email communication containing protected health information ("PHI") from 90Health, which may include messages from your Healthcare Provider, appointment reminders, treatment referrals, and prescription information, you need be aware that this unencrypted email is not a secure means of communication. There is some risk that any PHI contained in an email may be disclosed to, or intercepted, printed, or stored by, unauthorized third parties. 90Health cannot ensure the security or confidentiality of messages sent by email. By using our Site, you agree to these conditions. This authorization indicates you understand and accept the risks involved with unsecure email communication of your PHI.
You hereby agree to hold 90Health 's proprietary information and trade secrets in strict confidence and not to disclose them or otherwise make them available to any person or third party without 90Health 's prior written consent. You agree that all Proprietary Information shall be used only for the purpose of providing healthcare services on the Site under this Agreement, and will be returned to 90Health at such time as you cease using the Services and Site.
You agree to hold 90Health harmless in the event your information is required to be disclosed by law, or is accidentally or maliciously obtained by a third party.
The confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, neither we nor our affiliates are responsible for the security of any information transmitted via the Internet or the accuracy of the information contained on this Site.
90Health will not sell, share or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services or products. You agree that 90Health may use de-identified information received from You in accordance with the provisions of the 90Health Privacy Policy.
Access to certain areas of this website is restricted. Portions of the Services are viewable without registering with us, but to actively participate or store your information, you must register as a User and authorize the use and disclosure of your personal and health information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy. 90Health reserves the right to restrict access to other areas of this Site, at 90Health 's discretion. If 90Health provides you with a User ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the User ID and password are kept confidential.
NEITHER 90HEALTH, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR CONTENT PROVIDERS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ITS WEBSITES, THE CONTENT OR ANY SERVICE PROVIDED HEREIN. THE CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND COMPANY SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY. USER AGREES AS A CONDITION FOR THE USE OF THIS SITE THAT 90HEALTH, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF PROGRAMS OR DATA, OR INTERRUPTION IN BUSINESS ACTIVITY, RESULTING FROM OR CAUSED BY WEBSITES, THEIR CONTENT, ANY SERVICES PROVIDED HEREIN OR THE DELAY OR INABILITY TO USE THE COMPANY 'S WEBSITES, OR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED WEBSITE.
90Health will not be responsible for or relating to the delay, interruption, failure or corruption of any data or other information transmitted in connection with use of this Site. 90Health does not warrant that the functions contained in the Site or mobile services will be uninterrupted or error-free, that defects will be corrected, that the Site or mobile services will meet any particular criteria of performance or quality, or that the Site, including forums or the server(s) on which the Site is operated, are free of viruses or other harmful components. 90Health assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this site. We do not guarantee the accuracy, reliability or completeness of the Content, software, text, links, communications or other information provided on or through the use of this Site. 90Health disclaims all liability or responsibility for injury or impairment experienced by You if you utilize any Healthcare Provider(s) accessed through this Site.
90Health makes no representations or warranties relating to the education, experience, licensing status or competency of any of the Healthcare Providers who access 90Health 's e-health administrative platform. In no event will 90Health be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any healthcare provider accessed through this Site, whether based on warranty, contract, tort, or any other legal theory and whether or not 90Health is advised of the possibility of such damages. 90HEALTH MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, REGARDING ANY HEALTHCARE PROVIDER 'S PROFESSIONAL QUALIFICATIONS, EXPERTISE, PRICE OR COST INFORMATION OR ANY OTHER INFORMATION PROVIDED ON THE SITE.
90Health is not liable for any personal injury or wrongful death caused by the use or misuse of the Site, Services or the Content. Use of this Site and the mobile Services is at the User 's risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, communications, content or other material (including without limitation software) accessed through or obtained by means of the Site. UNDER NO CIRCUMSTANCES SHALL 90HEALTH OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF 90HEALTH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE.
You agree that 90Health has no control over, and cannot guarantee the availability of any Healthcare Provider at any particular time when scheduling an office or online appointment with the Provider. We will not be liable for any canceled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Site or Services. 90Health has no control over, and makes no guarantees about the accuracy of content posted by any Healthcare Provider on the Site.
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis.
You agree that 90Health makes no representations or warranties about the items listed or products sold on the Site or for any materials posted by Users of the Site. 90Health is not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from the content, actions, or inactions of third parties, including items listed and products sold using our Services. 90Health is not responsible for any materials posted by Users of the Site. Prior to purchasing any products or services described on the Site, you are advised to verify pricing and other information. Neither 90Health nor its Affiliates shall have any liability arising from your purchases products or services based upon the information provided on the Site. 90Health does not monitor or review the content of other websites which are linked to this website, Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. 90Health 's total liability, if you have any dispute with us, is limited to (a) the cancellation of your registration and the total amount of fees, if any, actually paid by you for access to and use of the Services, or (b) $100. You hereby release 90Health from any and all obligations, liabilities and claims in excess of this limitation. In no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental or exemplary damages arising from your use, or inability to use, the Site and/or the Services. 90Health will not be liable to User for any substitution of new services, or the suspension or discontinuation of existing Services or portion thereof.
Links to other websites that are included on the Site, are provided for your convenience only. 90Health does not endorse these sites which may contain materials that are objectionable, unlawful, or inaccurate, or the products and services they provide. We will not be held responsible or liable for the content or accuracy of these other websites, You are solely responsible for your dealings with such third parties and we encourage you to read the terms of use and privacy policies on such third-party websites.
We reserve the right to modify or discontinue the Site or Services with or without notice to You. We will not be liable to You or any third party should we exercise our right to modify or discontinue the Site and/or Services. If You object to any such changes, Your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate Your acknowledgement of such changes and satisfaction with the Site or Services as so modified.
If you have a dispute with one or more Users, you release 90Health (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
Upon a request by us, You agree to defend, indemnify, and hold harmless 90Health, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from any and all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of this Agreement (including the Terms of Use and the Privacy Policy) or of any intellectual property or other right of any person or entity, by You or any third party using Your Credentials.
90Health reserves the right to update the Terms of Use at any time as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms of Use or other applicable Agreement document, the modification, and agreement to abide and be bound by the Terms of Use or other applicable Agreement document, as amended. We encourage You to review these Terms any time you access this Site and to periodically review these Terms of Use. If you choose not to accept these Terms of Use, then you must stop using the Site and the Services.
No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.
This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, including the Terms of Use and the Privacy Policy, constitute the entire agreement between you and 90Health and supersede all prior agreements between you and 90Health. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Failure by 90Health to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
Except to the extent applicable law provides otherwise, this Agreement between You and 90Health, and any access to or use of the Site or the Services are governed by the federal laws of the United States of America and the laws of the State of Indiana, without regard to conflict of law provisions.
You agree that all disputes between you and 90Health, including without limitation disputes related to these Terms of Use, your use of services, and/or rights of privacy, will be resolved by binding, individual arbitration under the American Arbitration Association. You and 90Health expressly waive trial by jury. Neither You nor we will participate in a class action or class-wide arbitration for any claims covered by this Agreement to arbitrate. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service.
We may assign, delegate, sub-contract or otherwise transfer our rights and/or obligations under the Agreement, including without limitation, these Terms of Use and 90Health 's Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent and without prior notification. You may not assign, sub-contract or otherwise transfer this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Unless otherwise agreed by 90Health, the Services described in this Agreement are solely offered within the United States of America. We make no representation that the Site or Services are appropriate or available for use outside of the United States of America. Those who choose to access this Site from a location outside of the United States of America are doing so of their own accord and are responsible for compliance and applicable local laws.
You acknowledge that you have read these Terms of Use, understand the Terms of Use, and will be bound by these terms and conditions.
Updated: December 15, 2015
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It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout. The point of using Lorem Ipsum is that it has a more-or-less normal distribution of letters, as opposed to using 'Content here, content here', making it look like readable English.
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