Terms and Conditions

Last Updated: March 31, 2020

THESE TERMS AND CONDITIONS (“TERMS”) ARE A LEGALLY BINDING CONTRACT BETWEEN Folio3 Software Inc. (“THE COMPANY”, OR “WE”, OR “US”) AND “YOU”.  THE TERMS SET FORTH EXPLAIN HOW YOU MAY USE THE SERVICES PROVIDED BY THE COMPANY AND THE WEBSITE LOCATED AT THE URL HTTPS://DIGITALHEALTH.FOLIO3.COM, AS WELL AS ALL SITES LINKED TO HTTPS://DIGITALHEALTH.FOLIO3.COM BY THE COMPANY (COLLECTIVELY, THE “SITE”). 

BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT USE THIS SITE OR ANY AFFILIATED SERVICES OR ANY INFORMATION CONTAINED ON THIS SITE.

UNLESS OTHERWISE STATED, ALL REFERENCES TO “SITE” INCLUDE ANY SOFTWARE THAT THE COMPANY PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITE OR SERVICE FROM A MOBILE DEVICE (A “MOBILE APPLICATION”). 

1. About Our Services

 We provide a telemedicine service that allows participating medical and healthcare professionals (“Providers”) to communicate with their clients and patients (“Patients”) to provide Healthcare services online via secure Internet connection (the “Services”).  We are not a medical service provider, a health insurance company, or licensed to sell health insurance.

The Services are not intended for use by providers and patients in connection with active patient monitoring by a Provider. OUR SERVICES ARE NOT APPROPRIATE FOR USE DURING EMERGENCIES.

If you have or suspect that you have a medical condition, please contact a qualified healthcare professional immediately.  THE CONTENT ON THE SITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR MEDICAL TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR PROVIDERS FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPIES, OR OTHER TREATMENTS MAY BEST SUTED FOR YOU.  NONE OF THE INFORMATION ON THE SITE REPRESENTS THAT ANY PARTICULAR DRUG, THERAPY OR OTHER TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.  FURTHER, A PROVIDER’S ABILITY TO USE OUR SERVICES is NOT a recommendation of that Provider by THE COMPANY.

While the Services may provide access to certain general medical information, and also allow patients to communicate with Providers, our Services are not intended to provide medical advice. You must seek the advice of a physician or other qualified healthcare provider with any questions you may have on your health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from qualified healthcare provider because of information posted on the Site.

To the extent medical advice is provided to you by a Provider through the Services, such medical advice is based on your personal health data as provided by you to the Provider and the local standards of care for your presenting symptoms, based on the information you provide. The medical advice provided by your Provider is not under the control of THE COMPANY, nor is it provided to or used by THE COMPANY.

2. Provider Responsibilities and Patient Responsibilities

Provider:

As provider, you accept responsibility for your Patients as well as yourself in using this Service. You are also responsible for the quality of the services you provide during your use of the Service. You are responsible for complying with all applicable laws in connection with your use of the Service.  In particular, you are solely responsible for obtaining all Federal, State and local licenses and certifications which may be required to practice your profession when using this Service and maintaining minimum malpractice and liability insurance in compliance with regulatory and local requirements.

You are also responsible for obtaining Patient consent if required by law and complying with any and all privacy laws applicable to the use of this Service with your patients, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  THE COMPANY has established reasonable safeguards and procedures to protect the security of patient information, but you must also take steps to protect your privacy and confidentiality that of your patients.  Furthermore, you will be asked to enter a HIPAA business associate agreement with THE COMPANY.

THE COMPANY MAKES no representations regarding your ability to bill third-parties for the services you provide using the Site. You are solely responsible for complying with all laws in billing for the services you provide.

Patient:

As Patient, you accept responsibility for yourself in the use of the Services.  You hereby acknowledge that your relationship for Healthcare services is with your Provider, and your obtaining services from the Provider is solely at your own risk. You assume full responsibility for all risk associated therewith, to the extent permitted by law.  By using the Service, you agree to not hold THE COMPANY liable in any way for any malpractice or substandard treatment given by the Provider.

It is your responsibility to separately confirm that a provider is in good standing with their respective licensing board(s). We do not confirm the credentials of Providers using our Services and do not validate that they are in good standing with their respective licensure board(s).

3. Privacy Policy

In the course using the Site and the Services, we may gather information about you or you may be required to provide us certain information. Any and all uses of your information shall be done in accordance with our Privacy Policy, which is an integral part of these Terms. If you use the Site and/or the Services, or if you register for an account with us, you are accepting our Privacy Policy. This Policy may be updated and revised from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must stop using the Site and the Services.

4. Provisions Regarding Use and Age Requirement

By using this Site, you acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the express consent and permission of your parent or legal guardian to use the Site and agree to its Terms.  If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless THE COMPANY if the Minor breaches any of these Terms.  If you are not 13 years old, you may not use the Site at any time or in any manner or submit any information to the Site or Service.

THE COMPANY provides content through the Site that is the copyrighted and/or trademarked work of THE COMPANY or THE COMPANY’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”).  Materials may include but are not limited to logos, graphics, video, images, software and other content.

Subject to these terms and conditions, and your compliance with these Terms, THE COMPANY hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use.  Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.

If you breach any of these Terms, the above license will be terminated automatically and you must destroy any downloaded or printed Materials at once.

5. Visitors and Registered Users

You do not need to register with THE COMPANY to visit and view the Site, and see publicly accessible information in the Site.

However, in order to access the Services and Materials offered through the Site, you must register with THE COMPANY for an account and receive a password.  Registered Users can be Patients or Providers.  To be able to use and access the Services, Providers shall contract separately with THE COMPANY, create a “Provider Account” and then invite Patients to join the Provider’s account.

Password Restricted Areas:

To register for an account with THE COMPANY, you must submit the following information through the account registration page on the Site:

(i) Providers:  Providers are required to provide certain Personal Information and information about their practices, such as: Provider’s name, date of birth, gender, address, email, mobile and work phone; the Provider’s practice name, address, phone number and fax number; and a user id and password. 

(ii) Patients:  Patients are required to provide certain Personal Information, such as: name, date of birth, gender, address, email, mobile and work phone, as well as a user id and password.  Patients may also be asked to provide certain optional information, including other contact info, pharmacy name and contact details, picture and communications preferences.  In addition, the Patient can communicate other health-related information to the Provider during a video consultation via the THE COMPANY app. Optional information is not required to register for an account but may be helpful to THE COMPANY in providing you with a more customized experience when using the Site or its Services.

Please refer to our Privacy Policy for additional details regarding the information we collect from you and what we do with that information.

Once you have created your THE COMPANY account and provided a user-name and password, you are responsible for maintaining the confidentiality of your THE COMPANY Password, and you are responsible for all activities that occur using your THE COMPANY Password. You agree not to share your THE COMPANY Password, let others access or use your THE COMPANY Password or do anything else that might jeopardize the security of your THE COMPANY Password.  You agree to notify THE COMPANY if your THE COMPANY Password on this Site is lost, stolen, if you are aware of any unauthorized use of your THE COMPANY Password on this Site or if you know of any other breach of security in relation to this Site. You are solely responsible for any and all use of your account and all activities that occur under or in connection with it.

All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date.  You may change, correct or remove any information from your account by logging into your account directly and making the desired changes. You agree not to register for an account on behalf of an individual other than Yourself, or register for an account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms. By registering another person, group or entity you hereby represent that you are authorized to do so.

Individuals and/or entities whom access to the Site or use of the Services have previously been terminated by THE COMPANY may not register for a new account, nor may designate other individuals to use an account on its or your behalf.

6.  Payments and Subscriptions

(a)  Subscriptions

By registering for an account with THE COMPANY, you become a “Registered User” with access to certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site (a “Subscription”).  Each Subscription and the rights and privileges provided to a Registered User is personal and non-transferable.  All sales and payments of Subscription fees will be in US Dollars.  All Subscription fees are non-refundable under any circumstances.

The fee that we will charge you for your Subscription will be the price detailed in your order when registering.  THE COMPANY reserves the right to change prices for Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases. Notwithstanding the foregoing, THE COMPANY shall notify Registered Users of any price changes thirty (30) days prior to any change. THE COMPANY shall honor any Subscription prices until the expiration of the applicable Subscription Term.

You may pay for your Subscription fee only with credit and debit card payments.  We will charge your credit or debit card for your first Subscription fee on the date that we process your order for your Subscription.   Once your credit or debit card is charged the first Subscription fee, we will begin provisioning your account. Once your account is ready, you will receive a confirmation e-mail notifying you of your ability to access those Subscription-only portions of, and Materials on, the Site.

IMPORTANT NOTICE: THE COMPANY WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON EACH (DEPENDING ON YOUR CHOICE OF SUBSCRIPTION) YEARLY OR MONTHLY ANNIVERSARY OF THE DATE THAT THE COMPANY FIRST CHARGES YOUR CREDIT OR DEBIT CARD FOR THE FIRST SUBSCRIPTION FEE AND, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION ORDERING  PROCESS, THE COMPANY WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE YEARLY OR MONTHLY SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT (UNLESS YOU CANCEL PRIOR TO THE ANNIVERSARY DATE).

EACH SUBSCRIPTION’S AUTOMATIC RENEWAL IS FOR THE SAME PERIOD OF TIME AS YOUR ORIGINAL SUBSCRIPTION.  YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING THE COMPANY AT DIGITALHEALTH@FOLIO3.COM. PROVIDED THAT ANY SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART.  YOU WILL NOT BE ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR ANY UNUSED DAYS OF THE THEN-CURRENT SUBSCRIPTION TERM. THE COMPANY REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST, WHICH SHALL NOT BE LESS THAN THIRTY (30) DAYS.  IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT SUBSCRIPTION TERM.

You will be liable for paying any and all applicable sales and use taxes for the purchase of your Subscription based on the mailing address that you provide when you register as a Registered User, and you authorize THE COMPANY to charge your credit or debit card for any such applicable taxes.

(b)  Purchases.

If applicable, you agree to pay all fees or charges to your account based on THE COMPANY’s fees, charges, and billing terms in effect as detailed in your Order Form.  If you do not pay on time or if THE COMPANY cannot charge your credit card or other payment method for any reason, THE COMPANY reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms.  You are expressly agreeing that THE COMPANY is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms.  If you cancel your account at any time, you will not receive any refund.  If you have a balance due on any account, you agree that THE COMPANY may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

7. Special Provisions for Mobile Applications.

THE COMPANY may make available Mobile Applications to access the Site via a mobile device.  To use the Mobile Application you must have a mobile device that is compatible with the mobile service.  THE COMPANY does not warrant that the Mobile Application will be compatible with your mobile device.  THE COMPANY hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use.  You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application.  You acknowledge that THE COMPANY may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device.  You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades.  The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and THE COMPANY and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application).  Standard carrier data charges may apply to your use of the Mobile Application.

The following additional terms and conditions apply with respect to any Mobile Application that THE COMPANY provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

You acknowledge that these Terms are between you and THE COMPANY only, and not with Apple, Inc. (“Apple”).

Your use of THE COMPANY’s iOS App must comply with Apple’s then-current App Store Terms of Service.

THE COMPANY, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App.  To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.

You agree that THE COMPANY, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.

You agree that THE COMPANY, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.

You represent and warrant that (i) 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 (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).

The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of THE COMPANY’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any Mobile Application that THE COMPANY provides to you designed for use on an Android-powered mobile device (an “Android App”):

You acknowledge that these Terms are between you and THE COMPANY only, and not with Google, Inc. (“Google”).

Your use of THE COMPANY’s Android App must comply with Google’s then-current Android Market Terms of Service.

Google is only a provider of the Android Market where you obtained the Android App. THE COMPANY, and not Google, are solely responsible for THE COMPANY’s Android App and the Services and Content available thereon.  Google has no obligation or liability to you with respect to THE COMPANY’s Android App or these Terms.

You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to THE COMPANY’s Android App.

8. Links to Third-Party Sites.

This Site may be linked to other web sites that are not THE COMPANY sites (collectively, “Third-Party Sites”). THE COMPANY makes no representations whatsoever about any Third-Party Sites that you may access through this Site. When you access Third-Party Sites, please understand that it is independent of this Site, and that THE COMPANY or this Site has no control over the content on those websites. In addition, a link to a Third-Party Site does not mean that THE COMPANY or this Site endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the Third-Party Sites linked to this Site, you do this entirely at your own risk.

9. Submissions.

You are responsible for all the information, opinions, messages, comments, blogs, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”).  You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you, and not on THE COMPANY or this Site.  You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make.  You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.

Unless otherwise explicitly stated herein or in THE COMPANY’s Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis.  You hereby grant to THE COMPANY a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions.  We may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media.  THE COMPANY agrees to use any personally identifiable information contained in any of your Submissions in accordance with THE COMPANY’s Privacy Policy.

You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below.  Those prohibitions do not require THE COMPANY to monitor, police or remove any Submissions or other information submitted by you or any other user.

10.  Unauthorized Activities.

When using this Site and/or the services, you agree not to:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Use racially, ethnically, or otherwise offensive language.

Discuss or incite illegal activity.

Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).

Post anything that exploits children or minors or that depicts cruelty to animals.

Post any copyrighted or trademarked materials without the express permission from the owner.

Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.

Use any robot, spider, scraper or other automated means to access the Site.

Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Alter the opinions or comments posted by others on this Site.

Post anything contrary to our public image, goodwill or reputation.

This list of prohibitions provides examples and is not complete or exclusive.  THE COMPANY reserves the right to (a) terminate access to your account, your ability to post to this Site and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that THE COMPANY determines is inappropriate or disruptive to this Site or to any other user of this Site.  THE COMPANY may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.  When legally required or at THE COMPANY’s discretion, THE COMPANY will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Unauthorized use of any Materials or Third-Party Content contained on this Site may violate certain laws and regulations.

You agree to indemnify and hold THE COMPANY and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) THE COMPANY or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any professional negligence or malpractice claim or any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or infringe or misappropriate the copyrights, trademark rights or other rights of any third-party.

11.  Proprietary Rights.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of THE COMPANY.  All rights not granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

12.  Intellectual Property Infringement.

THE COMPANY respects the intellectual property rights of others and expects you to do the same.  THE COMPANY may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others.

(a) DMCA Notifications for intellectual property infringement.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, and believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide THE COMPANY’s designated agent the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted works that you claim have been infringed.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit THE COMPANY to locate the material.

Your Full name, mailing address, telephone number, and, if available, email address at which you may be contacted.

Statement: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

Statement: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

THE COMPANY’s agent for notice of claims of copyright or trademark infringement on this Site can be reached at 

FOLIO3 SOFTWARE INC.
ATTN: FOLIO3 DIGITAL HEALTH
1301 Shoreway Road, Suite 160,
Belmont, CA 94002

 

 

 

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

(b) Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to THE COMPANY designated agent that includes all of the following information:

Your physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which THE COMPANY may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

(c)  Termination of Repeat Infringers

THE COMPANY reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.

Disclaimer of Warranties.

You are using this Site is at your own risk.  THE COMPANY has not verified or authenticated the Materials and Submissions in whole or in part, and they may include inaccuracies or typographical or other errors.  THE COMPANY does not warrant the accuracy of timeliness of the Materials or Submissions contained on this Site.  THE COMPANY has no liability for any errors or omissions in the Materials, whether provided by THE COMPANY, this Site, our licensors or suppliers or other users.

THE COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS.  UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

14. Special Disclaimer regarding THE COMPANY and services.

The content on the Site and the Services are designed to support, not replace or intervene in, the relationship that exists between you and your Provider. The Site is not intended for medical diagnosis or treatment. Any information contained on the Site is not to be construed as medical recommendation or as professional advice. Always seek the advice of your doctor or other qualified health provider. Do not disregard medical advice or delay seeking it because of something you have read on the Site. It must be understood that THE COMPANY is not a healthcare provider.

15.  Limitation of Liability.

THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE.  IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER THEY MAY ARISE, EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

16. Local Laws.

THE COMPANY operates the Site and Services from its offices in the United States of America and the Materials may not be appropriate or available for use in other locations.  If you use this Site outside the United States of America, you are responsible for following all applicable local laws.

17.  Feedback.

If you send any communications, suggestions, comments, questions, etc., to THE COMPANY, by any mode of communication (collectively, “Feedback”), suggesting changes to the Site, Services or Materials, all such Feedback is, and shall be treated as, non-confidential and non-proprietary.  You hereby assign all right, title, and interest in, and THE COMPANY is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  You agree that THE COMPANY is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback. You have no right to compel such use, display, reproduction, or distribution.

18. Receiving Electronic Communications.

By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from THE COMPANY.  These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site.  These electronic communications are part of your relationship with THE COMPANY.  You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

19. Legal Disputes

These Terms will be subject to and construed in accordance with the laws of the State of California, United States of America, excluding its rules regarding conflicts of law. Foreign laws do not apply.  You agree that any claim you may have against THE COMPANY must be resolved exclusively by a state or federal court located in the State of California, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in San Mateo County, California for the purpose of litigating all such claims or disputes.

Arbitration. For any claim (i) raised by a resident of a country other than the United States of America; or (ii) where the total amount of the award sought is less than ten thousand dollars ($10,000.00), you agree that THE COMPANY may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event THE COMPANY elects arbitration, you agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution (“ADR”) provider chosen by THE COMPANY. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration excludes claims for injunctive or other equitable relief.

20.  General.

  1. THE COMPANY shall, in general, prefer to advise you if we feel you are not fully complying with these Terms and we may choose to recommend corrective action. 
  2. Notwithstanding the above, certain violations of these Terms, as determined by THE COMPANY, may result in immediate termination of your access to this Site without prior notice to you. 
  3. Any and all disputes relating to these Terms or this Site will be heard in the courts located in San Mateo County, California. 
  4. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. 
  5. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. 
  6. THE COMPANY’s failure to enforce any of these Terms is not a waiver of such term. 
  7. These Terms constitute the entire agreement between you and THE COMPANY and supersede all prior or contemporaneous negotiations, discussions or agreements between you and THE COMPANY about this Site. 
  8. All proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

21. Changes to Terms & Conditions

THE COMPANY can change or update these Terms, at any time by posting the updated Terms on this Site and by providing a notice on the Site. By using this Site after THE COMPANY has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.

THE COMPANY may make changes to the Site or to the Services at any time, without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.

In addition, certain features of the Services may be subject to additional terms of use. By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features. In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will govern.

22.  Contact.

Should you have any questions about these Terms or should you wish to contact THE COMPANY for any other reason, you can reach us via email at: digitalhealth@folio3.com.