YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SERVICES. BY USING SECURE ACCOUNT CREDENTIALS TO LOG ON TO THIS SYSTEM, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT LOG ON OR USE THE APPLICATION.
By continuing to use the Services, you agree as follows:
- You are at least 18 years old or have been legally emancipated;
- You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
- You understand, accept, and have received these Terms, and acknowledge and demonstrate that you can access these Terms at will.
IF YOU DO NOT AGREE WITH AND ACCEPT THESE TERMS, PLEASE DISCONTINUE ALL FURTHER USE OF THE SERVICES. DO NOT LOG IN TO THE APP AND IMMEDIATELY DELETE ALL INSTALLED FILES, IF ANY, OF THE ACCOMPANYING SERVICES AND MATERIALS FROM YOUR COMPUTER OR MOBILE DEVICE.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND PEERWELL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT OUT OF THE AGREEMENT TO ARBITRATE BY CONTACTING email@example.com WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
Last updated: June 27, 2019
IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.
PEERWELL RESERVES THE RIGHT TO CHANGE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. IF WE CHANGE THESE TERMS, WE WILL LET YOU KNOW BY: (I) POSTING A NEW VERSION; AND/OR (II) POSTING A CHANGE NOTICE ON OUR WEBSITE OR APPLICATION.
If you continue to use the Services after we have let you know about the changes, you agree to be bound by the modified terms. If the changes are not acceptable to you, you should immediately stop using the Services.
By registering for an account and using the Services, YOU REPRESENT AND WARRANT:
- THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW;
- Your registration data is true, accurate, current, and complete; and
- You will update your registration data as needed to make sure it remains accurate;
- You are authorized to create an account (either for yourself or for another person); and
- You are not located in a country that is subject to a U.S. Government embargo or that is designated by the U.S. Government as a “terrorist supporting” country, and You are not listed on any U.S. Government list of prohibited or restricted parties.
NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED. DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.
We do NOT provide medical advice
PeerWell provides the Services for informational purposes only – they are NOT intended for use in connection with active patient monitoring to allow immediate clinical action or continuous monitoring by a healthcare provider or the patient. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. PeerWell is not a medical professional, and PeerWell does not provide medical services or render medical advice. The Services are not a substitute for the advice of a medical professional, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. If you require medical advice or services, You should consult a medical professional. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND PEERWELL.
If at any time you are concerned about your care or the treatment, or you believe or someone else advises you that you have a serious or life-threatening condition, call 9-1-1 immediately in areas where that service is available, or go to the nearest open clinic or emergency room.
If you are a patient, Your Provider may base their medical advice on the personal health data you provide through the Services and the data transmitted from your device. If you do not provide complete and accurate personal health data, the medical advice you receive may not be correct.
LICENSE & INTELLECTUAL PROPERTY
PeerWell owns the Services and all materials you access on the Applications or the Website. Subject to Your compliance with the terms and conditions of this Agreement, PeerWell grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services through the Website or by downloading and installing our Applications. THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. You may not use the Services for any other purpose other than what is allowed under this Agreement without PeerWell’s express written permission. You may not use PeerWell’s name, trademarks, service marks or logos or those of third parties appearing on the Services in any advertising or publicity, or otherwise to indicate PeerWell's or such third party’s sponsorship of or afﬁliation with any product or service without express written permission of PeerWell or such third party.
The Services, including the Website and the Applications, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of PeerWell. Except as expressly set forth herein, this Agreement grants You no rights in or to PeerWell’s or any other party’s intellectual property. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate. Additionally, any unauthorized use of words or images from the Services may violate copyright laws, privacy and publicity laws, and civil and criminal statutes.
APP STORE & GOOGLE PLAY
If you downloaded the Applications from the Apple App Store or Google Play, (the “App Provider”), by agreeing to this Agreement, you acknowledge that you understand and agree to the following:
- this Agreement is only between You and PeerWell, and not between You and the App Provider, and only PeerWell is responsible for the Applications (not the App Provider);
- the App Provider has no obligation to furnish any maintenance or support services with respect to the Applications;
- in the event of any failure of the Applications to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider will refund the purchase price for the Applications to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility;
- the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Applications or your possession and use of the Applications, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
- in the event of any third party claim that the Applications or your possession and use of the Applications infringes that third party’s intellectual property rights, the App Provider will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim; and
- the App Provider, and its subsidiaries, are third party beneficiaries of this Agreement as it relates to your license of the Applications. This means that, upon your acceptance of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Applications against you.
Apple users only: If you downloaded the Applications from the App Store, the license granted to you in this Agreement is non-transferable and is for use of the Applications on any Apple products that You own or control.
By using the Services and accepting these Terms, you acknowledge that PeerWell will share your personal information collected by the Services with your Provider, and may be shared with others.
We are not responsible for nor liable to you or any third party for a healthcare provider’s treatment of personal information, including any collection, use, disclosure, storage, loss, theft or misuse of your personal information, whether or not such treatment violates applicable law or the Provider’s Notice of Privacy Practices.
COMPUTER EQUIPMENT & INTERNET ACCESS
With the exception of the Devices provided to you, you are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, "Systems") necessary for you to access and use the Services. This includes, without limitation, obtaining internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. There are always certain security and access availability risks associated with using open networks such as the Internet, and you expressly assume such risks. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your System.
You will be given a user name and password to use to access your account. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other Member at any time. You agree to notify PeerWell immediately of any unauthorized use of Your account, user name, or password. PeerWell shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by PeerWell, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password.
CONSENT TO RECEIVE EMAIL FROM PEERWELL
In providing the Services, You may receive periodic email communications regarding the Services, new product offers and information regarding the Services, which are part of the Services and which You cannot opt out of receiving. You may also receive periodic promotions and other offers or materials PeerWell believes might be of interest to You. You can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each newsletter; or (b) changing the email preferences in Your account.
THIRD-PARTY WEBSITES & SERVICES
The Service may contain links to third-party websites or services that we do not own or control. PeerWell does not have control over, and we assume no responsibility for, the content and performance of Third-Party Websites. ACCORDINGLY, PEERWELL DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION, MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. PEERWELL WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF OR RELIANCE ON THIRD-PARTY WEBSITES.
PeerWell imposes certain restrictions on Your use of the Services. While using the Website, Application, or Services, you shall not:
- provide false, misleading or inaccurate information to PeerWell or any other user;
- impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
- use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites;
- access content or data not intended for You, or log onto a server or account that You are not authorized to access;
- violate any applicable law or regulation;
- attempt to probe, scan, or test the vulnerability of the Services, the Website, the Applications, or any associated system or network, or breach security or authentication measures without proper authorization;
- interfere or attempt to interfere with the use of the Website, the Applications or the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";
- forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Services;
- post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by PeerWell, You, or any other third party (including another user) to protect the Services;
- attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by PeerWell in providing the Website or Applications. Any violation of this section may subject You to civil and/or criminal liability; or
- encourage or enable any other individual to do any of the above.
WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY
a. NO WARRANTIES.
THE WEBSITE, APPLICATIONS, AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. PEERWELL ALSO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR MATERIALS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
b. YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA
YOU AGREE THAT YOUR USE OF THE WEBSITE, APPLICATIONS AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD PEERWELL OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE WEBSITE, APPLICATIONS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC SERVER FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.
c. LIMITATION OF LIABILITY
NEITHER PEERWELL, NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR MATERIALS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES OR MATERIALS, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PEERWELL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IF YOU ARE NOT SATISFIED WITH THE WEBSITE, APPLICATION OR SERVICES, YOU SHOULD DISCONTINUE USING THEM – THIS IS YOUR ONLY REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, PEERWELL’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. YOU MUST BRING ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES OR MATERIALS WITHIN ONE (1) YEAR OF THE EVENT FROM WHICH THE CLAIM AROSE.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Website, Applications and Services will be in accordance with this Agreement and any other PeerWell policies and guidelines, and with any applicable laws or regulations.
You agree to indemnify, defend and hold harmless PeerWell, its clients, and its suppliers and their respective afﬁliates, employees, ofﬁcers, directors, agents, servants and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) arising out of or in any way connected with your access to or use of the Website, Application, Services or PeerWell’s materials, your violation of this Agreement, or any negligent or wrongful conduct by you or related to your account by you or any other person accessing the Website, Application or Services through your account.
This Agreement shall be governed by the laws of the State of Delaware, without regard to any conflicts of laws principles. The courts of the State of Delaware shall have jurisdiction over any action arising under these terms or your use of the Services or materials.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
Most user concerns can be resolved quickly and to the user’s satisfaction by emailing PeerWell support at firstname.lastname@example.org. In the unlikely event that our support team is unable to resolve a complaint you may have (or if PeerWell has not been able to resolve a dispute it has with you after attempting to do so informally), including but not limited to any alleged breach of these Terms, we each agree to resolve the dispute through binding arbitration in the state of Delaware before a single arbitrator, in accordance with the rules and procedures of the American Arbitration Association. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs and other costs incurred by the party that does not win the dispute. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. Any arbitration will be strictly confidential and neither party will disclose to any person (other than necessary to carry out the arbitration) the existence of the dispute or any aspect of the dispute.
This agreement to arbitrate will not preclude You or PeerWell from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or PeerWell from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN DELAWARE; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
If you breach any of these Terms, we may suspend or disable your account or terminate your access to the Website, Application or Services without prior notice to you. There may be other instances where We may need to terminate your access to the Website, Application or Services that are not related to any of your actions or inactions. We reserve the right to terminate your access to and use of the Website, Application or Services and materials at any time, with or without cause.
We welcome and encourage you to provide us with feedback, comments and suggestions for improvements to the Website, Application, or Services (“Feedback”). You may submit Feedback by emailing us. If you submit any Feedback to us, we will own all intellectual property rights in such Feedback and may use such Feedback for any lawful purpose.
All notices required or permitted to be given under this Agreement must be in writing. PeerWell shall give any notice by email sent to the most recent email address, if any, provided by You to PeerWell. You agree that any notice received from PeerWell electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH PEERWELL IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY PEERWELL OF AN EMAIL TO THAT ADDRESS.
You shall give any notice to PeerWell by means of: (1) U.S. mail, postage prepaid, to PeerWell Inc., 185 Channel Street, Suite 643, San Francisco, CA, 94158; or (2) email to: email@example.com. Notice to PeerWell shall be effective upon receipt of notice by PeerWell.
If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of the Agreement remain in full force, provided that the essential terms and conditions of this Agreement remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by the Agreement are materially preserved.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
Nothing in this agreement creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.
PeerWell is headquartered in San Francisco, California, in the United States of America.
Speciﬁc questions and comments should be directed to the appropriate department via email to firstname.lastname@example.org. While we make every effort to respond to all emails within 1 business week, we cannot guarantee a response to every electronic communication.
330 Townsend Street, Suite 231
San Francisco, CA 94107