On this page
- Collection of Information
- 1Eligibility, Use and Registration
- 2The Services
- 3User Content
- 4Fees
- 5Sponsors
- 6License
- 7Our Intellectual Property and Trademarks
- 8Acceptable Use Policy
- 9Application Stores and Distribution Channels
- 10Third Party Software
- 11Links to Third Party Sites
- 12Mobile Messaging
- 13CAN-SPAM Act
- 14Internet Connection and Associated Charges and Compatibility
- 15Availability, Disclaimer of Warranties, and Limitations of Liability
- 16Indemnification
- 17Termination of these Terms, Your Account and the Termination of the Platform’s operation
- 18General
- 19Complaints and Arbitration Agreement
- 20Contact Us
These Terms of Service (these “Terms”) cover your use of the Redi.Health Platform, including any website, mobile application, embedded interface or partner-facing experience, and any related features, functionality and content that we make available through any of those access points (collectively, the “Platform”). For convenience, references in these Terms to the “Mobile Application” mean the mobile application component of the Platform. We, Redi.Health Inc., a Delaware corporation (“Redi.Health”, the “Company”, “our”, “us”, and/or ‘we”), have done our best to make this as human readable as possible. While we are aware that it is hard to read and understand legal documents, we hope that you make your way through this.
PLEASE READ THESE TERMS CAREFULLY. BY USING OUR PLATFORM, YOU AGREE WITH THESE TERMS. These Terms, together with our Privacy Notice and the Mobile Policy, are the sole agreement we have with you. They govern your rights to use our Platform, they govern our ability to use the content you provide us and they govern our rights to provide you with the services through the Platform (the “Services”). We may revise, modify, amend or update these Terms from time to time and without notice to you in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. For clarity, we may, but have no obligation to, provide updates to the Platform.
BY ACCESSING OR USING ANY PART OF THE PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, AND THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY TERMS AND OUR PRIVACY NOTICE, WHICH IS INCORPORATED INTO THESE TERMS. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT, LIABILITY LIMITATION, AND CLASS ACTION WAIVER ALL OF WHICH ARE INCORPORATED INTO THESE TERMS AND YOU CONSENT TO THE TERMS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE PLATFORM OR ANY OF OUR SERVICES.
Collection of Information
When using the Platform, some personal data is collected about you. This collection and processing are subject to our Privacy Notice. Please review our Privacy Notice for the Platform. The Terms of the Privacy Notice are made a part of these Terms by reference.
By using the Platform, you acknowledge and agree that internet transmission are never completely secure and that any message or information sent through the Platform may be intercepted and read by others, even if it is encrypted.
This authorization shall continue in effect until you have withdrawn your consent by sending us such request in writing; provided, however, that your request does not affect our use of information to the extent we relied on your prior authorization until we received your written request to withdrawal your consent.
You also understand that as a service dependent on many third parties, internet service providers and other end-users, we cannot ensure full availability. This is not a mission-critical application.
These are, in brief, the statements in the full document. Please go through the full document and review your full rights and obligations.
1. Eligibility, Use and Registration
The Platform is available only to individuals who are at least eighteen (18) years old and possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law. If you are a caregiver to a minor or an incompetent person, or acting on behalf of a corporation or other legal entity, then you need to obtain all legal consents. You may use the Platform only for lawful purposes and in accordance with these Terms. You may not use the Platform to compete with Redi.Health or in any way that violates the Acceptable Use Policy below.
By using or otherwise accessing the Platform, 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 are responsible for making all arrangements necessary for you to have access to the Platform and ensuring that all persons who access the Platform through your internet connection are aware of these Terms and comply with them.
You hereby represent that you have the legal capacity and authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Platform in accordance with these Terms, and to fully perform your obligations hereunder.
a. Minors and Incompetents; Caregivers
The Platform is available only to users who are at least eighteen (18) years old and have the legal capacity to enter into these Terms. Individuals under eighteen (18) or who otherwise lack legal capacity may not register or hold a user account (“Account”) in their own name. A parent, legal guardian, person standing in loco parentis, or other authorized personal representative under applicable law (each a “Caregiver”) may register and maintain a Caregiver Account through which the Caregiver may add and manage profiles for one or more individuals for whom the Caregiver is authorized to act (each, a “Dependent”). A single Caregiver Account may include up to twenty (20) Dependent profiles. Each Caregiver and Dependent is maintained in a separate a patient record with its own enrollments, programs, prescriptions, benefits and copay information, communications, and consents. Caregivers and Dependents may share contact information (such as an email address or telephone number), and date of birth is used to disambiguate records. Enrollment requires both the Caregiver and the Dependent (or, where the Dependent lacks capacity, the Caregiver acting on the Dependent’s behalf) to confirm the relationship through the means we make available. Consents are captured for, and apply only to, each individual; a consent given by or for one person is not shared with or imputed to another. A Caregiver may take actions on behalf of a Dependent (including confirmations, surveys, and messaging), and all such actions are logged against the Dependent’s record with auditability. Where required by the appliable program, the Caregiver designation may be included in data shared with our pharmaceutical payor, provider, or other partners as the primary point of contact for the Dependent.
In case we have any belief that the Platform is used directly by a Dependent without proper permission, we reserve the right to request proof of age and/or proof of Caregiver permission.
In the event that it comes to our knowledge that a Dependent has used or is using the Platform without the assistance of a Caregiver, we will prohibit and block such user from accessing the Platform and will make all efforts to promptly delete any Personal Data (as such term is defined in our Privacy Notice) with regard to such user.
b. True and Accurate Information
You agree to only provide us with true and accurate information when using the Services. You understand that providing false or inaccurate information may result in either banning or disabling your account or providing you with suboptimal services.
To access certain resources on the Platform, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide is correct, current, and complete. You agree that all information you provide to Redi.Health, including but not limited to, through the use of any interactive features is governed by Redi.Health’s Privacy Notice, and you consent to all actions Redi.Health takes with respect to your information, consistent with Redi.Health’s Privacy Notice.
We are not responsible for or liable to you or any third party for the content or accuracy of any information posted by you or other users of the Platform.
c. Registration
To use the Services, you must access the Platform through one of the means we make available, which may include our website, the Mobile Application (downloaded from an authorized application marketplace or other source authorized by Company), or an embedded or partner-facing experience. Some features may be available only on certain access points.
You will be asked to create a user Account by completing the registration form available on the Platform. In order to create an Account, you acknowledge and agree that you will be required to provide the Company with certain information as described in our Privacy Notice. It is a condition of your continued use of the Platform that all the information you provide is correct, current, and complete. You agree that all information that you provide to register with the Platform is governed by our Privacy Notice and you consent to all actions we take.
If you choose, or are provided with a user name, password, or any other piece of information as part of Redi.Health’s security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You also acknowledge that your account (if created) is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password, or other security information. You agree to notify Redi.Health immediately of any unauthorized access to or use of your user name or password or any other breach of security, and are responsible for any actions, fees or services ordered through your account.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
By registering for an Account as a Dependent, you affirm that you will only use the Platform on behalf of the Dependent. You further represent and warrant that: (1) you are at least eighteen (18) years of age; (ii) you have authority under applicable law to act for the Dependent, as a parent, legal guardian, in loco parenti, or other personal representative; (iii) you will use the Platform solely in the Dependent’s best interests; and (iv) you will promptly notify us if your authority changes or ends. We may require reasonable proof of your authority at onboarding or at any time and may suspend or terminate access if proof is not provided.
d. Dependent Profiles; Age-Up
Each Dependent’s information is maintained in a distinct “Dependent Profile” within the Caregiver’s Account. In advance of the date a Dependent is expected to reach the age of majority applicable to the Dependent’s jurisdiction, we may notify the Caregiver and the Dependent of the upcoming transition. On or after that date, unless the Dependent continues to lack legal capacity, the Dependent Profile will be transitioned to a standalone Account in the Dependent’s name, and Caregiver access to that Account will be removed. Continued access or assistance by the Caregiver after the transition requires the Dependent’s authorization or other valid authority under applicable law (such as a healthcare power of attorney or guardianship order). For Dependents who reach the age of majority but continue to lack legal capacity, the Caregiver must maintain documentation of legal authority (such as guardianship or a durable power of attorney) and, upon our request, provide proof of that authority. We may suspend or remove Caregiver access if such proof is not provided. Pending transition, the Caregiver remains responsible for the Dependent Profile in accordance with these Terms.
e. One Account for One User
It is our policy to have one account for one user and one user for one account, except as provided in the Caregivers and Dependents section above. A Caregiver Account Managing one or more Dependent profiles is permitted, and is not a violation of this policy.
You cannot hold more than one account, nor can you share your account with another person. This is meant both for security reasons and for your own safety. The foregoing does not prohibit a Caregiver from managing Dependent profiles within the Caregiver’s own Account in accordance with these Terms.
f. Passwords and Account Security
You should pick a strong and reliable password for your Account. A good password is easy to remember and hard to guess. For example, “l92dr513x” is very hard to guess, but also hard to remember; “Password321” is both easy to guess and to remember and “letmebemyself” is both easy to remember and hard to guess.
The safety and security of your information also depends on you. We ask you not to share your password with anyone. You are solely and fully responsible for maintaining the confidentiality of the account and for all activities that occur under your account.
If you believe that your Account was compromised or that it was used by someone else, you must notify us promptly. We are not liable for any loss or damage arising from a third party’s access to your Account if you did not secure it properly.
Deleting or removing your Account may cause the loss of certain information you had provided us and/or uploaded. We do not accept any liability for such loss.
g. These Terms Are Not for Medical Providers and Other Partners
If you are a representative of a pharmaceutical manufacturer, medical insurance company, hub company, pharmaceutical services provider, hospital (including nurses) or another medical institute (collectively, “Partners”) and wish to use our Services as part your patient service program, then you and your organization are required to execute a separate legal agreement with us, which includes our business relationship and a requirement that all patients who use the Platform agree to these Terms.
h. Not Medical Advice
Redi.Health provides the Platform to provide information about our Services and also to provide resources and helpful references, information and links, to support health, wellness. You expressly agree that the Platform does not provide medical advice and that the Platform is not a means for Redi.Health to provide you medical advice. The content and information presented to you through the Platform is not intended to be and should not be used in place of (a) the advice of your doctor or other healthcare providers, (b) a visit, call or consultation with your doctor or other healthcare providers, or (c) information contained on or in any product packaging or label. If you have any health-related questions or if you have an emergency, please contact your doctor or other healthcare provider promptly or seek assistance by dialing 911. You should never disregard medical advice or delay seeking medical advice because of any content or information presented to you through the site, and you should not use the site for diagnosing or treating a health problem. Your use of the site does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and Redi.Health.
2. The Services
Our Platform offers eligible individuals (see Section 1 Eligibility, Use and Registration) information, resources, and other Content (as defined below) that may be relevant to their healthcare experience and to the programs in which they are enrolled.
The Platform includes the following Services:
(i) enabling users to interact with the Platform regarding medical matters through a secure platform, including but not limited to, tracking symptoms, tracking medication use, storage of insurance related documentation, requesting prior authorization from payors, storage of medication history, storage of medical condition history, storage of vaccination history, reference to complete or summarized documentation of user’s input health history; (ii) providing information and allowing for the sharing of information regarding any applicable medical condition, treatment, medication, or health behavior, including pictures/visuals of any applicable medical condition; (iii) personalizing existing patient services through mobile functionality (such as patient support services); (iv) enabling users to interact with medical and support staff via interactive chats or email; (v) facilitating the submission of documents, service requests (i.e. medical or insurance related forms), and prior authorization requests and updates. You may upload, publish and/or share various kinds of information and materials, including texts, photos, videos, medical history, fitness history, documentation, written thoughts and sentiments, and other interactive content (collectively, the “User Generated Content”) within the Platform, private chats, and other therapy management services; (vi) enabling the integration, data collection, and reporting of wearable fitness trackers; (vii) enabling the integration of and interaction with pharmaceutical patient support services within the Platform; (viii) providing a validation of attestation to the receipt of a specific medication, vaccination, treatment, or medical procedure; (ix) using our third party vendors to request and follow-up on prior authorization requests; and (x) enabling engagement with automated artificial intelligence patient triage and diagnostic services.
We may provide you, through the Platform, with comprehensive information regarding our Services, partners, resources library, news regarding our Company, information regarding our partners, and so forth, including any other content related thereto such as contact information, videos, logos, button icons, images, data compilations, links, other specialized content, the “look and feel” of the Platform, related graphics, pictures, visuals, illustrations, drawings, animations, and other features obtained from or through the Platform (collectively, the “Content”).
The Platform is organized into two areas: (i) the areas managed solely by Company and not sponsored by any Medical Provider or Partner (“Core”); and (ii) the areas made available, sponsored, or supported by one or more Partners, which may require your consent to additional terms or agreements with the applicable Medical Provider or Partner (“Connect”).
3. User Content
All user Content posted to, uploaded to, or shared through the Core or Connect areas of the Platform must comply with these Terms and the Privacy Notice.
You understand and acknowledge that you are responsible for any Content you submit, upload, share through the Platform or contribute, and you, not Redi.Health, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to you or any third party for the content or accuracy of any user Content posted, submitted, uploaded, or shared by you or any other user of the Platform or via the Platform.
It is your responsibility to obtain any and all consents required under any applicable laws, regarding the inclusion of any personal information or protected health information (“PHI”) of others in the user Content, and to adhere to any applicable laws regarding such personal information. PHI means protected health information as that term is used under the Health Insurance Portability and Accountability Act of 1966, and associated regulations, as may be amended from time to time (“HIPAA”).
When submitting any user Content you hereby represent and warrant that you are the rightful owner of any user Content that you choose to upload to the Platform (whether within the Core or Connect areas) or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the licensors of such User Generated Content and that such user Content does not infringe any third party’s intellectual property rights, privacy rights or publicity rights.
Any Content you post to the Platform will be considered non-confidential and non-proprietary. By providing any Content on the Platform, you grant us, our affiliates and our service providers (including, without limitation, the medical providers), and each of their and our respective licensees, successors, and assigns a perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, perform, display, distribute, make derivative works thereof, and otherwise disclose to third parties any such material for any purpose, pursuant to these Terms and the Privacy Notice. The license granted to us and our affiliates in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at our and/or our affiliates’ sole and absolute discretion. However, other users may only use your Content for non-commercial purposes, unless we and/or our affiliates provide them with a prior written consent to use your Content for commercial purposes (for the purpose of which you authorize us and/or our affiliates to be your agent).
You agree that you will not post or upload any user Content containing content that is unlawful for you to possess, post or upload in the country in which you reside, or that would be unlawful for the Company to host, use or possess in connection with the Platform (including but not limited to any content that is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive, fraudulent or illegal, such as posting prescription medications sale in the community)
We may examine the Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its publication. We do not normally utilize this right to monitor Content and we do so only in rare cases. We retain sole discretion in determining what Content will be published, the duration of its publication, its location, how and when it appears on the Platform or via the Services, its design and any other matter pertaining to the publication of Content within the Platform and/or via the Services. We retain sole discretion in determining what Content will be published, the duration of its publication, its location, how and when it appears on the Platform and/or via the Services, its design and any other matter pertaining to the publication of Content within the Platform and/or via the Services.
You will not post any user Content that is meant to deceive others, harass them, collect their personal data or otherwise trick them or abuse their situation.
You will not post, process, upload or submit any user Content that infringes on the rights of third parties, including copyrights, patents, trademarks, trade secrets, privacy or good name.
Although we have no obligation to screen, edit or monitor any of the user Content, we explicitly reserve the right, at our sole discretion, to remove or edit, without giving any prior notice, any user Content at any time and for any reason.
You are solely responsible for creating backup copies of your user Content at your sole expense.
Note that we may retain copies of the user Content for archival or backup purposes, in order to enforce these Terms, or for any purpose which is consistent with our Privacy Notice and applicable law.
Content submitted by users for publication does not reflect the view of Redi.Health. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.
You are and will remain the sole and exclusive owner of all right, tittle and interest in and to all information, data and other content provided through the Platform to enable the provision of the Services You irrevocably grant all such rights and permissions in or relating to user Content (including, without limitation, the Personal Information, PHI, and any information or data derived therefrom) to Redi.Health and any of its employees, officers, directors, agents, independent contractors, service providers or Sponsors (“Representatives”) (i) as are necessary or useful for Redi-health or its Representatives to perform the Services and exercise its rights hereunder, (ii) to use to improve and enhance the Services and for other developmental, diagnostic and corrective purposes in connection with the Services and other Services or offerings
We are not the sole owners, nor the sole creators, of the content provided to you via our Platform, and we cannot warrant to its accuracy. For more, see our “Limitation of Liability” section in these Terms.
If you encounter any user Content that you believe violates these Terms, you should report to our content officer at support@redi.health.
If you believe that any user Content or any other content on the Platform infringes on your copyrights, you may provide us with a notice under 17 USC 512(c)(3), which includes: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim 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, and information sufficient to permit us to locate the material; (iv) information so that we can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. You may file a notice of infringement with our designated Copyright Agent.
It is our policy to respond to notices of alleged copyright infringement that comply with the requirements of the Digital Millennium Copyright Act (“DMCA”). Our designated Copyright Agent to receive DMCA communications (including notices and counter-notices of alleged infringement) is: Redi.Health Copyright Agent, Email: support@redi.health, Phone: 614-832-1028.
Upon receipt of a proper DMCA notice of infringement, we will promptly remove or disable access to the content that is the subject of the notice. It is our policy in appropriate circumstances to suspend, disable or terminate, without notice and in our sole discretion, the accounts of those subscribers that we determine to be “repeat infringers.”
4. Fees
Use of our Platform is currently free of charge.
We reserve the right to charge fees for certain features or services available via our Platform now or in the future.
It is your responsibility to pay any third-party fees required to use our Platform, such as for internet connection, Partners’ fees or other fees not related to our Platform.
5. Sponsors
Some portions of our Platform are provided by our partners, which you entered into separate agreements with.
Such medical providers and partners may provide you with certain services within the Connect areas of the Platform.
We do not provide these portions, nor do we endorse them. All information, materials, content and/or advice on the Platform or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. Redi.Health expressly disclaims, and you expressly release Redi.Health from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Platform and/or Services. You should consult with an appropriately trained specialist for all concerns that require medical, legal, financial or other professional advice.
While we aspire to only engage with Partners who are committed to abide by the applicable laws and regulations we cannot and do not warrant or endorse these Partners’ activity.
Where we act as a Business Associate to a Covered Entity, we follow the Covered Entity’s determinations about a parent/guardian’s status as a personal representative and any applicable limitations under 45 C.F.R. § 164.502(g).
We do not own, sell, control, endorse, sponsor and are not involved in any manner whatsoever with the various products, offers, initiatives or third-party-services provided to you by the Partners through our Platform. Such third-party-services, products, offers, or initiatives are provided to you solely by the applicable Partners.
Any medical observation or treatment decision that may be related to your use of the Platform are in full responsibility and liability of the Medical Provider or any other professional who is treating your medical condition.
As a responsible patient, you are required to consult with and update your medical provider throughout your treatment.
How the Health Tracker Treats User Personal Health Information
The Company has developed functionality to track symptoms or disease state, including the ability to utilize photographs to track changes (the “Health Tracker”). The Health Tracker provides Users a function to track specific instances of symptoms or a diseases, including when the attack occurred, the severity of the attack, actions the User took in response to the attack, etc. The Health Tracker also allows a User to take a photo of the affected area of their body, to upload that photo to the Health Tracker, and share that photo directly with the healthcare provider of their choosing.
When you choose to transmit a photo to a healthcare provider through the Platform, we process the image only to facilitate the transmission and delete it after delivery or failed delivery.
We do not disclose Health Tracker photos to third parties except as you direct or as required by law. Users may upload images only of themselves or, for Caregivers, the Dependent they are authorized to represent.
Information entered in the Health Tracker attack log is considered private and will not be shared with the Company’s partners. Notably, any photo taken and uploaded to the Health Tracker by a User will not be shared through the Platform with any person or entity other than the person or entity that the User chooses to share the photo.
The photos may contain photos of a User’s private areas. As such, Users are cautioned to ensure the person or entity they choose to share photos via the Platform is the correct person or entity. This requires confirming the correct email or phone number of the person or entity with whom the photo is to be shared.
Users are expressly prohibited from accessing or uploading photos of anyone other than the User or, in the case of a minor, a minor of whom the User is the Caregiver with permission to upload the photos.
Redi.Health is not responsible for any sharing of photos via the Health Tracker. Redi.Health merely acts as a conduit between the User and whomever the User chooses to share the photos. As such, Users must ensure they have reviewed the relevant privacy notices and HIPAA disclosure and authorization forms of those persons or entities they choose to share photos to ensure those policies align with how the User would like their photos handled, processed and disclosed.
6. License
Subject to the terms hereof, we hereby grant you, and you accept, a personal, limited, nonexclusive, non-commercial, non-transferable, non-sublicensable, and fully revocable limited license to access and use the Platform (including the Content) solely for your personal, non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (defined below) and applicable law. To the extent you access the Platform through the Mobile Application, this license includes the right to download and use the Mobile Application on a mobile phone, tablet, or other device that you own or control.
Any use of the Platform other than as specifically authorized herein is strictly prohibited and, without limiting other available remedies, may result in automatically and immediately terminating the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by Redi.Health at any time.
This license extends to your use of the Platform via a personal mobile device that you own and control, in executable, machine-readable, object code form only and solely for your personal, non-commercial purposes. If your mobile phone, device or tablet is owned by your employer or third party, then you need to obtain such employer or third party’s consent prior to installing or using the Mobile Application or otherwise accessing the Platform on your phone, device or tablet.
In addition, subject to your compliance in all material respects with the Terms, if you access or use the App on Apple iOS or Google Play Store, the usage rules set forth in the iTunes App Store Terms of Service and the Google Play Store Terms of Service, as applicable.
We do not currently charge end users any fees for use of the Platform or for any in-application purchases. If we make paid features or in-application purchases available in the future, additional terms (which may include fees collected through an applicable App Store or other payment processor, taxes, currency conversion charges, and refund and cancellation rules established by the applicable App Store or processor) will apply, and we will provide notice of those terms before any charge is incurred.
If you use the Services on an Apple device, then you agree and acknowledge that:
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Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Services maintenance and support;
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You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Services or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
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Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
iOS application may use Apple Services in order to work properly. That includes iCloud services, Apple In-App Purchase service, etc.
Android application may use Google Play Services in order to work properly. That includes Google Maps services, Google Analytics, Google In-app Billing, and other Google applications.
7. Our Intellectual Property and Trademarks
“Redi.Health”, “Redi” and the associated graphics, logos, iconography and service marks and the property of Redi.Health Inc. (collectively, the “Trademarks”). No license for the use of the Trademarks is granted to you under these Terms or by your use of the Platform. Unauthorized use of the Trademarks in any manner is strictly prohibited and may not be used without prior written consent. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
The Platform and the Content included therein and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by us and/or licensed to us and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by us and our licensors.
These Terms permit you to use the Platform for your personal, non-commercial use only. The Terms do not convey to you an interest in or to our Intellectual Property but only a limited revocable right of use in accordance with the Terms.
Nothing in the Terms constitutes a waiver of our Intellectual Property under any law.
To the extent you provide any feedback, comments or suggestions (“Feedback”), we shall have an exclusive, royalty-free, fully paid, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of our current or future products, technologies or services and use for any purpose without further compensation to you and without your approval.
You agree that all such Feedback shall be deemed to be non-confidential and that it does not infringe, violate or harm the rights of any third parties.
Further, you warrant that your Feedback is not subject to any license terms that would purport to require us to comply with any additional obligations with respect to any of our current or future products, technologies or services that incorporate any Feedback.
Our marks and logos and all other proprietary identifiers used by us in connection with the Platform (“Our Trademarks”) are all our trademarks and/or trade names, whether or not registered.
All other trademarks, service marks, trade names and logos which may appear on the Platform belong to their respective owners (“Third Party Marks”).
No right, license, or interest to our Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
8. Acceptable Use Policy
The Platform is meant for bone-fide, personal use only.
Each of the following activities is considered unacceptable and may result in suspension, termination or deletion of your Account and termination of this Agreement:
(i) using the Platform for any illegal, immoral, unlawful and/or unauthorized purposes; (ii) using the Platform for non-personal or commercial purposes or gain; (iii) removing or disabling any watermarks, insignia or other means that reflect our affiliation or ownership of any portion of the Platform or any Content or Services, such as such as ©, ™, or ®; (iv) interfering with or violating users’ rights for privacy and other rights, or harvesting or collecting personal data without explicit consent; (v) using any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Platform; (vi) interfering with or disrupting the operation of the Platform, servers or networks that host the Platform, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (vii) falsely stating or otherwise misrepresenting your affiliation with any person or entity, or express or imply that we endorse you, your Platform, your business or any statement you make, or present false or inaccurate information about the Platform; (viii) taking any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as we may determine; (ix) bypassing any measures we may use to prevent or restrict access to the Platform; (x) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Redi.Health on or through the Platform, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (xi) copying, distributing, displaying, executing publicly, making available to the public, reducing to human readable form, decompiling, disassembling, adapting, sublicensing, making any commercial use, selling, renting, transferring, lending, processing, compiling, reverse engineering, combining with other software, translating, modifying or creating derivative works of any material that is subject to our proprietary rights, including our Intellectual Property, in any way or by any means; (xii) providing our Services, Content or Platform to others not through our regular channels, such as by displaying it via iframe or wrapping; (xiii) selling, licensing or exploiting any commercial purposes of Platform or the Content; (xiv) transmitting or otherwise making available in connection with the Platform any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (xv) using the Platform for any purpose for which the Platform is not intended; (xvi) infringing and/or violating any of the Terms.
Child Sexual Abuse Material (CSAM). Uploading or sharing CSAM is illegal. We may block, preserve, and report suspected CSAM to the National Center for Missing & Exploited Children (NCMEC) and law enforcement as required by 18 U.S.C. § 2258A. We may also suspend or terminate any Account involved in such activity.
9. Application Stores and Distribution Channels
If you access the Platform through the Mobile Application, you may have downloaded the Mobile Application from a third-party application marketplace, service provider, or distributor (each, a “Third-Party Platform Provider”), and your use of the Mobile Application may also be governed by usage rules established by the Third-Party Platform Provider (“Usage Rules”). It is your responsibility to determine which Usage Rules apply to your use of the Mobile Application and to comply with them. In the event of a conflict between these Terms and any applicable Usage Rules with respect to provisions that solely concern the Third-Party Platform Provider’s representations, warranties, restrictions, obligations, or limitations of liability (in each case, only to the extent applicable to the Third-Party Platform Provider), the Usage Rules will prevail. Any download or use of the Mobile Applications by anyone prohibited from doing so by applicable law or by a Usage Rule is expressly prohibited. This Section applies only to access of the Platform through the Mobile Application and does not apply to access through our website or other access points.
10. Third Party Software
The Platform may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”).
Your right to use such Third Party Components as part of, or in connection with, the Platform is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto.
If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components.
You acknowledge that we make no warranties or representations, express or implied, with respect to such Third Party Components. Under no circumstances shall the Platform or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.
We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
11. Links to Third Party Sites
Certain links provided in the Platform permit our users to leave this Platform and enter sites or services that we do not operate. Those linked sites and services are provided without any warranty or liability.
These linked sites and services are not under our control and we are not responsible for the availability of such external sites or services, and do not endorse, nor are we responsible or liable for any content, including but not limited to, content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service.
In addition, we are not responsible or liable for such linked sites and services’ privacy practices and/or any other practices.
Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense.
We reserve the right to terminate any link at any time.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with the use of or reliance on any services, content, products or other materials available on or through such linked sites or resources.
Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.
YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
12. Mobile Messaging
For specific terms regarding mobile text/SMS messages (“Mobile Messages”), please see our separate Mobile Messages Terms and Privacy Provisions (the “Mobile Policy”). The terms of the Mobile Policy are incorporated into these Terms and also apply to your use of the Platform and our Services.
13. CAN-SPAM Act
The CAN-SPAM sets the rules for commercial email, establishes requirements for commercial messages, and gives recipients the right to have emails stopped from being sent to them.
If, at any time, you would like to unsubscribe from receiving future emails, you can email us at support@redi.health and we will promptly remove you from commercial email communications though we cannot unsubscribe you from, nor does this apply to, transactional communications.
14. Internet Connection and Associated Charges and Compatibility
Use of the Platform requires an Internet connection. Any Internet connection required to access the Platform (whether through the website, the Mobile Application, or another access point), and any charges associated with that connection (including data, cellular, or other connectivity charges), are your sole responsibility and at your sole expense. The expenses of such connection are governed by your agreement with your applicable Internet, cellular, or communications service provider. If you access the Platform through the Mobile Application, transmitting and receiving real-time updates requires an active data connection (such as Wi-Fi or cellular), and continued use of location services or other background activity may reduce battery life on your device.
We not warrant the Services will be compatible or interoperable with your mobile device or any other piece of hardware, software, equipment or device installed on or used in connection with your mobile device. You further acknowledge that compatibility and interoperability problems can cause the performance of your mobile device to diminish or fail completely, and may result in permanent damage to your mobile device, loss of data located on your mobile device, and/or corruption of the software and files located on your mobile device. You acknowledge and agree that we have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
15. Availability, Disclaimer of Warranties, and Limitations of Liability
We endeavor to provide timely, secure and accurate Services.
However, the Platform’s availability and functionality depends on various factors, such as communication networks and third party providers.
YOU USE THE PLATFORM AND OUR SERVICES AT YOUR OWN RISK. REDI.HEALTH DOES NOT REVIEW OR EDIT THE INFORMATION PROVIDED, RELATED CONTENT, OR THIRD PARTY ADVERTISEMENTS. REDI.HEALTH DOES NOT PROMISE THAT THE PLATFORM OR ANY CONTENT, SERVICE, OR FEATURE OF THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PLATFORM WILL PROVIDE SPECIFIC RESULTS. THE PLATFORM AND ITS CONTENT, AND SERVICES ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITH NO WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE PLATFORM IS SUBJECT TO CHANGE WITHOUT NOTICE. REDI.HEALTH CANNOT ENSURE THAT ANY FILES OR OTHER DATA FROM THE PLATFORM WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. REDI.HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. REDI.HEALTH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PLATFORM AND/OR ANY REDI.HEALTH’S SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST REDI.HEALTH FOR DISSATISFACTION WITH THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT YOUR USE OF OR RELIANCE UPON ANY INFORMATION OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
The above disclaimer applies to any damages, liability or injuries caused by an failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
Redi.Health reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform, for any reason; (2) to modify or change the Platform or Services, or any portion of the Platform or Services, and any applicable policies or Terms; and (3) to interrupt the operation of the Platform or Services, or any portion of the Platform or Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT REDI.HEALTH WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY INDIRECT DAMAGES, OR FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST TIME), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY ACCESS TO THE PLATFORM OR SERVICES, INABILITY TO ACCESS THE PLATFORM OR SERVICES, INTERRUPTED USE OF THE PLATFORM OR SERVICES, OR ANY VIEWING OR USE OF ANY INFORMATION ON OR THROUGH THE PLATFORM OR ANY CONTRACTUAL OR OTHER DEALINGS OR RELATIONSHIPS YOU MAY HAVE WITH THIRD PARTIES BASED UPON ANY INFORMATION INCLUDED IN OR THROUGH THE PLATFORM. IN NO EVENT WILL REDI.HEALTH’S AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM OR SERVICES EXCEED THE FEES PAID BY YOU FOR YOUR ACCESS TO THE PLATFORM OR SERVICES, OR $1.00, WHICHEVER IS GREATER, AND YOU AGREE THE LIMITATIONS IN THIS PARAGRAPH ARE REASONABLE AND APPROPRIATE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL REDI.HEALTH BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF THE IMAGE SPECIALISTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
YOU UNDERTAKE NOT TO ENGAGE IN ANY CLASS-ACTION AGAINST US AND SOLELY TO CLAIM YOUR LOSSES PERSONALLY.
For the avoidance of doubt, it is hereby clarified that the term “our representatives” shall not include the Partners.
We are not responsible for any consequences to you or others that may result from technical problems (including without limitation in connection with the internet such as slow connections, traffic congestion, overload of servers, delays or interruptions) or any telecommunications or internet providers.
16. Indemnification
You agree to defend, indemnify and hold us, including affiliates, employees, agents, contractors, officers, directors, vendors, representatives, third-party service provider (other than T-Mobile, as noted below), and content providers, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Platform and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy rights of such third party, in connection with your use of the Platform or the Services; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Platform. It is hereby clarified that this defense and indemnification obligation will survive these Terms. In limitation of the above, the foregoing indemnification obligation shall not apply to any customers of T-Mobile to the extent the indemnification involves T-Mobile or its affiliates.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to indemnification by you without first obtaining our prior express written approval.
17. Termination of these Terms, Your Account and the Termination of the Platform’s operation
At any time and with or without any prior notice to you, we may suspend or terminate your Account if we believe, in our sole and absolute discretion, for any reasons, but not limited to: (a) there is a risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of Redi.Health, its users or the public; (d) there is a basis for termination of your Account; (e) we believe you may have violated these Terms or our Privacy Notice; (f) we discontinue the Platform and/or any part of the Services; (g) illegal or improper use of our Platform or Services; and/or (h) we are required to by law.
If you object to any term hereof, as may be amended from time to time, or become dissatisfied with our Platform, you may terminate these Terms at any time by stopping your use thereof and deactivating your Account and this will be your sole remedy in such circumstances.
Additionally, we may at any time, at our sole discretion, cease the operation of the Platform or any part thereof, temporarily or permanently, delete any information or Content from the Platform or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice.
You agree and acknowledge that we do not assume any responsibility with respect to, or in connection with the termination of the Platform’s operation and loss of any data.
Upon termination of your Account (including but not limited due to your failure to comply with the Terms) and/or termination of the Platform’s operation: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Platform, delete and destroy all copies of the Platform in your possession or control and so certify to Redi.Health if required by it, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive.
The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property, Disclaimer and No Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
18. General
These Terms constitute the entire terms and conditions between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Redi.Health.
Any claim relating to the Platform or the use thereof will be governed by and interpreted in accordance with the laws of the State of Ohio without reference to principles and laws relating to the conflict of laws.
Any dispute arising out of or related to the Platform will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the State of Ohio, USA.
You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
Any failure on our part to exercise or enforce any right or provision of these Terms will not constitute waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in a writing signed by us.
These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
If any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.
You may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification.
No amendment hereof will be binding unless in writing and signed by Redi.Health, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
19. Complaints and Arbitration Agreement
If you feel or believe that your Personal Data rights were harmed in any way or form, you may contact our data protection officer at privacy@redi.health and lodge a complaint. Such complaint shall include how and why you believe rights in accessing or otherwise using our Platform or engaging with us in any way were harmed, and the required evidence. We will respond to most complaints within 14 days, and shall offer the required remedies.
In the event we are unable to come to a timely mutual resolution of the matter, we remain committed to resolving all disputes in a fair, effective and cost-efficient manner, these Terms requires that disputes may be resolved in binding arbitration or small claims court. Our arbitration agreement for U.S. disputes, which is set forth below, has been designed to make arbitration as convenient and inexpensive for our customers as possible. We will abide by the terms of our current arbitration provision in all instances. These Terms are governed by Ohio law regardless of where users access or use the Platform.
Arbitration Agreement: United States Only
(a) We and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted and include:
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Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.
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Claims that arose before these or any prior versions of our Privacy Notice and/or Terms (including, but not limited to, claims relating to advertising);
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Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
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Claims that may arise after termination of this Privacy Notice and/or our Terms.
For the purposes of this Arbitration Agreement, references to "we" and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of our Services or devices under these Terms, our Privacy Notice or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This Arbitration Agreement does not preclude your bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by accessing and using the Platform, you and we are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to us should be addressed to: Notice of Dispute, RediHealth, 80 East Rich St, Suite 660, Columbus, Ohio 43215 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received by us, you or we may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by us or you prior to selection of an arbitrator shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.
You may download or copy a form to initiate arbitration from the AAA website (http://adr.org) under the "Forms" tab.
(c) After we receive a Notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee is $125 for claims under $10,000, but this is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly after receiving a written request to do so at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall be bound by these Terms. Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. You and we agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration and may not be used by any other person or entity in any later arbitration of any dispute or claim involving us. You and we agree that in any arbitration of a dispute or claim, neither of us will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which we were a party.
Except as otherwise provided for herein, we will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, 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 (as measured by the standards set forth in Federal Rules of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
(d) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(e) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
20. Contact Us
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to support@redi.health or 80 East Rich St, Suite 660, Columbus, Ohio 43215.