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Terms of Service

REMMIE’S TERMS OF USE

 

Last updated: September 3, 2020

 

  1. Introduction

 

1.1  THIS REMMIE END USER AGREEMENT AND TERMS OF SERVICE (THE “TERMS”) CONSTITUTES A BINDING AGREEMENT BETWEEN YOU (“USER” OR “YOU“) AND REMMIE, INC. (“REMMIE”, “OUR”, “WE”, “US”)

 

1.2  These Terms govern the use of all products and services that Remmie makes available to you, including our mobile applications on iOS and Android (the “App”), cloud services, digital examination tools (the “Device”), our website (https://remmiehealth.com; the “Site”) and all documentation and information related to such products and services (collectively, the “Services”).

 

1.3  PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES OR CLICKING THE “AGREE” BUTTON, YOU:

 

ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS;

 

AGREE THAT THE PRODUCTS AND SERVICES REMMIE PROVIDES IS LIMITED TO THE COLLECTION OF USER SUBMISSIONS AND MAY NOT UNDER ANY CIRCUMSTANCES BE CONSIDERED MEDICAL OR HEALTH ADVICE OR INFORMATION;

 

AGREE NOT TO RELY ON THE INFORMATION GENERATED BY THE SERVICES AND THAT YOU WILL SEEK THE ADVICE AND CARE OF A QUALIFIED HEALTHCARE PROFESSIONAL FOR ANY HEALTH PROBLEMS YOU MAY HAVE;

 

REPRESENT THAT YOU RESIDE IN THE UNITED STATES AND ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND

 

YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS.

 

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND REMMIE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 12 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

 

1.4  Changes.

 

From time to time, we may update the Terms in our sole discretion. If we do, we’ll announce the updated Terms on our website and/or through our App and we may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. Unless we state otherwise, the change, addition or deletion will apply to your use of the Services. You are deemed to accept the changes, additions or deletions if you use the Services after we have posted updated Terms. If you do not agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

 

1.5  Your Privacy Rights.

 

Please refer to our Privacy Policy for information on how we collect, use and share your information. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

 

  1. Function of the Services

 

2.1 Essential Function

 

The Services provide a tele-health solution enabling communication of Medical Information, as defined herein below, between individuals requiring health services (“Patients”) and health services providers registered to the Services (“Clinicians”). The Service is available through the use of the Device which allows the viewing, capturing, measuring, processing and transmitting Patients physiological data of relevant body parts or organs including but not limited to ears, throat and nose, and including but not limited to physiological data such as clinical visual appearance, audio sounds (as applicable) and other measurements of such body organs (“Patient Medical Information”). The Service also allows for the communication of Patient Medical Information, inter-alia, for the purpose of producing clinical diagnosis and the communication of such clinical analysis or diagnosis information back to the Patients (“Medical Diagnosis Information”) (Patient Medical Information and Medical Diagnosis Information, collectively “Medical Information”). The Services enable communication of the Medical Information through the App or the Device either in real-time mode, as a virtual visit, by on-line live video connecting Patients with Clinicians in real time, in parallel to streaming of the Patient Medical Information or in an off-line mode by conveying the Medical Patient Information and receiving Medical Diagnosis Information at a later stage.

 

The Services depend on the accuracy of the information you submit to the Services and how you use the Services. If you do not submit accurate information or do not use the Services correctly, the Services may malfunction resulting in the provision of inaccurate information to you.

 

2.2. No Liability for Clinicians.

 

You hereby acknowledge and agree that your interaction with and choice of the Clinicians via the Services is solely at your own risk, and that Remmie does not provide recommendations on any of the Clinicians nor endorses any of them. Remmie shall not be liable or responsible in any way whatsoever for any damage, loss, liability, cost, expense or claim in connection with any advice or information provided by such Clinicians, including without limitation as to the reliability, quality, accuracy or usability of such advice or information, nor in connection with the identity, qualification, credentials or action and omissions of the Clinicians.

  1. Termination.

 

3.1. Term.

 

The effectiveness of these Terms commences when you agree to them or otherwise begin using the Services. The Terms will continue in effect until terminated by you or Remmie as set forth in this Section 3. You may terminate these Terms for any reason by sending an email to contact@remmiehealth.com informing Remmie that you wish to stop using the Services. Remmie may terminate and/or suspend your access to and use of the Services, at our sole discretion, at any time without notice to you. You agree that Remmie will have no liability to you if the Services are discontinued or your ability to access the Services is terminated. You further agree that Remmie will not be liable for any modification or suspension of the Services.

 

3.2. Effect of Termination.

 

Upon termination: (i) Section(s) 3; 4.1; 4.5; 5.2; 5.3; 5.4; 5.5; 6; 7; 8; 12; and 13 will survive; (ii) all rights granted to you under these Terms will also terminate; and (iii) you must cease all use of the Services. Termination will not limit any of Remmie’s rights or remedies at law or in equity.

 

  1. Using The Services.

 

4.1. Who May Use the Services?

 

Your use of the Service (or any part thereof) is dependent on the fact that you hereby represent and warrant that:

 

  • You agree to register and open an account on the App (the “Account”). Registration must be done by providing us with your name, phone number, your e-mail address, date of birth, gender, and other demographics information. During the registration process, you will be asked to choose a password and username for your Account. You are solely and fully responsible for maintaining the confidentiality of the login credentials (e-mail, username and password) of your Account and for all activities that occur under your Account. You agree not to disclose your login credentials to any third party;

 

  • You are over the age of eighteen (18). You may however use your Account for different Patients in addition to yourself, which Patients may be under the age of eighteen (18) years of age (“Minor Dependents”), by adding and listing such Patients under Your Account. You may only add and list a Minor Dependent under your Account if you are the parent or legal guardian of such Minor Dependent;

 

  • You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder all on behalf of yourself and/or any Patients you added and listed under your Account or on behalf of whom you use the Services;

 

  • If you connect to, access or use the Service on behalf of any third party, family member or Minor Dependent, you represent and warrant that you are duly authorized under any applicable law to represent such third party, family member or Minor Dependent in connection with these Terms and to commit it to be bound by these Terms, and hereby make all representations and warranties herein on both your and their behalf;

 

  • You possess the knowledge and judgment necessary to decide whether to use the Service or otherwise rely on any information available therein;

 

  • You will obtain appropriate health-care advice (including medical advice) to protect your interests and health before relying on any Medical Diagnosis Information provided through your use of the Services or the Device. You acknowledge that there is no professional relationship (including any doctor-patient or advisor-advisee relationship) between you and Remmie, and that you may not solely or fundamentally rely on any information, content or any features you find on or through the Service;

 

  • You possess any and all consents required under any applicable laws, for the uploading, processing, transmitting and displaying of any personal and Medical Information of others on behalf of whom you are acting in connection with the Service and the Device, and you shall adhere to any applicable laws regarding such information;

 

  • The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;

 

  • You are solely responsible for complying with applicable laws regarding your use of the Service; and

 

  • You will not infringe or violate any of the Terms.

 

4.2. Geographic Restrictions.

 

The Services are provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content, as defined herein below, and Services from outside the United States, you are responsible for compliance with local laws.

 

4.3. Feedback.

 

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

 

4.4. Updates.

 

Remmie may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”, the definition of which is also incorporated into the definition of the “Services”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Remmie has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms. From time to time, the Services may automatically send Updates to your mobile device. You agree to accept these Updates, and to pay for any costs associated with receiving them. Based on the settings of your mobile device, when your mobile device is connected to the internet, either: (i) the Services will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates.

 

 

 

4.5. Order, Warranty and Return and Refund Policy.

 

4.5.1 Payment.

 

You agree to make payment for any Device you purchase via the Services. When you make a one-time payment for such purchase (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

 

4.5.2 No Cancellation of Transaction or Refund.

 

SUBJECT TO APPLICABLE LAW AND UNLESS OTHERWISE PROVIDED IN SECTION 4.5, YOUR TRANSACTION IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE TRANSACTION AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction, we’ll refund any payment you have already remitted to us for such Transaction.

 

4.5.3 Limited One (1) Year Warranty Policy

 

Remmie offers a one (1) year warranty on the Device, pursuant to which Remmie warrants that the Device will materially conform to its specifications as provided to you in writing upon occurrence of the Transaction and that it will be free of material defects in materials and workmanship. If a Device is determined by Remmie to be defective during a 12-month period following completion of the Transaction (the “Warranty Period”), Remmie shall, at its option, repair or replace the Device free of charge to you. In the event Remmie cannot repair or replace a Device determined to be defective during the Warranty Period, Remmie will refund the amount of the original purchase price (plus any applicable taxes) upon receipt of proof of purchase.

 

To exercise the above-stated warranty, you must submit a warranty claim by email to Remmie, Inc. at contact@remmiehealth.com during the Warranty Period and within ten (10) days following the discovery of the defect. In addition, the Device must be returned to Remmie in accordance with the instructions provided at the time the claim is made.

 

This warranty is subject to the following limitations:

 

  • This warranty is valid only if the sticker at the bottom of the Device is present indicating the serial number and manufacturing details.

 

  • Remmie is not responsible for damage arising from failure to follow instructions relating to the use of the Device.

 

  • User shall be responsible for proper maintenance and handling of the Device.

 

  • No warranty is extended if the Device has been altered or modified in any way.

 

  • No warranty is extended to any Device that has been misused or damaged.

 

  • This warranty does not include problems or product malfunctions caused as a result of the User’s acts (or failure to act), the acts of others, User’s non-compliance with these Terms or events beyond Remmie’s reasonable control.

 

  1. License Grant, Content, And Uber Submissions.

 

5.1. Grant of License.

 

Subject to your compliance with these Terms, you are hereby granted a non-exclusive, non-transferable right to use the Services. No title nor any intellectual property rights are transferred to you, but rather remain with Remmie or its licensors, who own full and complete title, and Remmie and respective licensors reserve all rights not expressly granted to you. Any use of the Services in any manner not allowed under these Terms, including, without limitation, resale, transfer, modification or distribution of the Services or copying or distribution of text, pictures, music, video, data, hyperlinks, displays and other Content provided by the Services is prohibited. These Terms do not entitle you to receive and do not obligate Remmie to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Services. You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Services. Unless expressly permitted in a separate agreement with Remmie, you will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services or any part thereof. Any attempt to do so is a violation of the rights of Remmie and its licensors of the Services.

 

5.2. Content and Ownership.

 

For purposes of these Terms, “Content” means data, information or other materials that are generated, provided or otherwise made available through the Services, excluding User Submissions. As between you and Remmie, Remmie owns all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries.

 

5.3. User Submissions.

 

For purposes of these Terms, a “User Submission” is any information you provide to us through your use of the Services. You agree that we may use your User Submissions in order to operate, provide, and improve the Services.

 

5.4. De-identified Data.

 

You acknowledge and agree that we may collect, analyze and use de-identified and/or aggregated data regarding the usage and performance of the Services, including data derived from personal information, and create de-identified and/or aggregated data that is not identifiable to any specific person (“De-Identified Data”) as further described in our Privacy Policy. We may retain and use the De-Identified Data without restriction for any purpose, including, but not limited to, operating, analyzing, improving or marketing the Services and any related products and services.

 

5.5. Removal of User Submissions.

 

You can remove your User Submission by asking Remmie to delete it at which point Remmie will de-identify and/or aggregate your User Submission such that it is anonymized and no longer attributable to you. You acknowledge and agree that in certain instances, some of your User Submissions may not be completely removed and copies of your User Submissions may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Submissions.

 

  1. Disclaimers.

 

6.1. THE SERVICES ARE NOT HEALTH SERVICES OR MEDICAL ADVICE.

 

YOU AGREE THAT THE SERVICES DO NOT INVOLVE ANY SORT OF MEDICAL OR HEALTH RELATED SERVICE, PRODUCT OR ADVICE OF ANY KIND. YOU AGREE NOT TO RELY ON THE SERVICES OR THE INFORMATION PROVIDED BY THE SERVICES IN CONNECTION WITH ANY MEDICAL OR HEALTH DECISION.

 

6.2. NO RELIANCE ON INFORMATION.

 

REMMIE AND ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS AND EACH OF THEIR OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS (COLLECTIVELY, “REMMIE PARTIES”) MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, TIMELINESS OR ADEQUACY OF ANY INFORMATION, FACTS, VIEWS, OPINIONS, STATEMENTS OR RECOMMENDATIONS CONTAINED IN THE SERVICES. REFERENCE TO ANY PRODUCT, PROCESS, PUBLICATION OR SERVICE OF ANY THIRD PARTY BY TRADE NAME, DOMAIN NAME, TRADEMARK, SERVICE MARK, LOGO, MANUFACTURER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY REMMIE OR THE REMMIE PARTIES.

 

6.3. INTERNET SECURITY.

 

THE SERVICES MAY BE SUBJECT TO BREACHES OF SECURITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REMMIE AND THE REMMIE PARTIES ARE NOT RESPONSIBLE FOR ANY RESULTING DAMAGE TO ANY USER’S DEVICE OR COMPUTER FROM ANY SUCH SECURITY BREACH, OR FROM ANY VIRUS, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, INTERNET INFRASTRUCTURE FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOU SHOULD ALSO BE AWARE THAT E-MAIL AND OTHER SUBMISSIONS OVER THE INTERNET MAY NOT BE SECURE, AND YOU SHOULD CONSIDER THIS BEFORE E-MAILING REMMIE OR THE REMMIE PARTIES ANY INFORMATION OR INFORMATION MADE AVAILABLE USING THE SERVICES. REMMIE AND THE REMMIE PARTIES MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE SUITABILITY, FUNCTIONALITY, PERFORMANCE, AVAILABILITY OR OPERATION OF THE SERVICES. THE SERVICES MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT.

 

6.4. NO WARRANTY.

 

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT PROHIBITED BY LAW, NEITHER REMMIE, THE REMMIE PARTIES NOR THEIR LICENSORS MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SERVICES, AND EXPLICITLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES: (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT; (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE; (III) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS; (IV) THAT THE SERVICES OR ANY CONTENT, WILL BE ACCURATE, COMPLETE, RELIABLE, SECURE OR NOT OTHERWISE LOST OR DAMAGED; AND (V) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.

 

  1. Limitations of Liability.

 

7.1. APPLICABILITY OF LIMITATIONS.

 

As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.

 

7.2. LIMITATION OF LIABILITY.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL REMMIE, THE REMMIE PARTIES OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REMMIE OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

7.3. AGGREGATE LIABILITY.

 

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL REMMIE OR THE REMMIE PARTIES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE CUMULATIVE AMOUNTS YOU HAVE PAID TO REMMIE FOR USE OF THE SERVICES. IF YOU HAVE NOT MADE ANY PAYMENTS TO REMMIE FOR THE USE OF THE SERVICE OR IF NO PAYMENTS WERE MADE ON YOUR BEHALF, THEN REMMIE SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

7.4 BASIS OF THE BARGIN. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REMMIE AND YOU.

 

  1. Indemnity.

 

You hereby agree to indemnify and hold harmless Remmie and the Remmie Parties from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, (ii) your User Submission, or (iii) your violation of these Terms.

 

  1. Rights and Terms for Apps.

 

9.1. App License.

 

If you comply with these Terms, Remmie grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.

 

9.2. Platform Provider.

 

Since you can download the App from a third-party mobile application marketplace (e.g. App Store), a service provider or distributor (“App Providers”), your use of the App may also be subject to the rules of use of the App Providers in connection with your use of the App (“Rules of Use”). Note that the Rules of Use may apply to you and it is your responsibility to determine whereas the Rules of Use govern your use of the App. You agree to meet all the Rules of Use of the App Providers apply to you.

 

  1. General Prohibitions and Remmie’s Enforcement Rights.

 

You agree not to do any of the following:

 

  • Post, upload, publish, submit or transmit any information that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

 

  • Use, display, mirror or frame the Services or any individual element within the Services, Remmie’s name, any Remmie trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Remmie’s express written consent;

 

  • Access, tamper with, or use non-public areas of the Services, Remmie’s computer systems, or the technical delivery systems of Remmie’s providers;

 

  • Attempt to probe, scan or test the vulnerability of any Remmie system or network or breach any security or authentication measures;

 

  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Remmie or any of Remmie’s providers or any other third party (including another user and Clinicians) to protect the Services;

 

  • Attempt to access or search the Services or download Content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Remmie or other generally available third-party web browsers;

 

  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

 

  • Use any meta tags or other hidden text or metadata utilizing a Remmie trademark, logo URL or product name without Remmie’s express written consent;

 

  • Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

 

  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

 

  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

 

  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

 

  • Collect or store any personal information from the Services from other users of the Services without their express permission;

 

  • Impersonate or misrepresent your affiliation with any person or entity;

 

  • Violate any applicable law or regulation; or

 

  • Encourage or enable any other individual to do any of the foregoing.

 

Remmie is not obligated to monitor access to or use of the Services or to review or edit any Content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content and/or User Submissions, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the law

 

  1. Third Party Materials and Sources.

 

11.1. Third Party Materials.

 

The Services (including the App) may display, include, or make available Content or software owned by third-parties (including software, data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). Portions of the Services were developed and owned by third-parties and constitute Third-Party Materials. You acknowledge and agree that Remmie is not responsible for Third-Party Materials, including their effectiveness, accuracy, completeness, timeliness, validity, non-infringement, legality, decency, quality, or any other aspect thereof. Remmie does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

 

11.2. Links to Third-Party Websites, Applications, and Services.

 

The Services (including the App) may provide connectivity or links to other third-party websites, applications, software, and other content from third-party services providers such as social media partners, wireless carriers, and third-party software application developers (“Third-Party Services”). The Services may allow you to add/configure certain Third-Party Services to your device. Remmie has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties. Users who utilize the Third-Party Services with the Services should be aware that their account and other personal information held by those third parties may be transmitted through and stored on Remmie servers and/or applications located in the United States and elsewhere. In addition, you understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree Remmie is not responsible for these companies, or their use of any other of your information. Your use of the Third-Party Services is at your own risk.

 

  1. Dispute Resolution.

 

12.1 Mandatory Arbitration of Disputes.

 

We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (“Dispute”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Remmie agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND REMMIE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms.

 

12.2. Exceptions and Opt-out.

 

As limited exceptions to Section 12.1 above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at contact@remmiehealth.com or by regular mail at Attn: Arbitration Opt-Out, Remmie Inc., 17331 31ST Dr SE, Bothell WA 98012 within thirty (30) days following the date you first agree to these Terms.

 

12.3 Conducting Arbitration and Arbitration Rules.

 

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

 

12.4. Costs.

 

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Remmie for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

 

12.5. Class Action Waiver.

 

YOU AND REMMIE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

 

12.6 Effect of Changes on Arbitration.

 

Notwithstanding the provisions of Section 1.4 “Changes” above, if Remmie changes any of the terms of this Section 12 “Dispute Resolution” after the date you most recently accepted these Terms, you may reject any such change by sending us written notice (including by email to contact@remmiehealth.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Remmie’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Remmie in accordance with the terms of this Section 12 “Dispute Resolution” as of the date you most recently accepted these Terms.

 

12.7 Severability.

 

If an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

 

  1. General.

 

13.1 Reservations of Rights.

 

Remmie and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

 

13.2. Governing Law.

 

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Washington, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 12 “Dispute Resolution,” the exclusive jurisdiction for all Dispute that you and Remmie are not required to arbitrate will be the state and federal courts located in the King County, Washington, United States, and you and Remmie each waive any objection to jurisdiction and venue in such courts. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.

 

13.3. Entire Agreement.

 

These Terms constitute the entire and exclusive understanding and agreement between Remmie and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Remmie and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise. Any attempt by you to assign or transfer these Terms will be null. Remmie may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

13.4. Notices.

 

Unless otherwise stipulated herein, any notices or other communications provided by Remmie under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

 

13.5. Waiver of Rights.

 

Remmie’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Remmie. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

13.6. Force Majeure.

 

The failure of Remmie to comply with these Terms due to an act of God, war, fire, riot, terrorism, earthquake, an outbreak of a pandemic disease, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Remmie, shall not be deemed a breach of these Terms.

 

13.7. Communication Preferences.

 

You consent to receive communications about these Terms electronically through the email address listed in your Account. If you wish to receive communications in another manner, you may contact us at contact@remmiehealth.com to change your communication preferences.

 

  1. Contact Information.

 

If you have any questions about these Terms or the Services, please contact Remmie at: Remmie, Inc. 17331 31ST Dr SE, Bothell WA 98012; or contact@remmiehealth.com.