TERMS of Use

Last Revised: Aug 14th, 2020 (“Effective Date”)

MEDIHERE USA, Inc (collectively “the Company”, “we”, “our” or “us”) owns and operates various publicly available websites, including without limitation, the website located at http://www.medihere.com (collectively, the “Sites”).  We own and operate the Sites, as well as web-based and mobile applications that require you to create an account (the “Platforms”), through which we host an online telehealth service.  As used throughout these Telehealth Terms of Service (“Terms of Service”), the term “Services” means the provision of professional medical services by an appropriately licensed physician (each a “Health Care Professional,” and collectively, the “Health Care Professionals”) employed or otherwise contracted by Hyun Ji Lee M.D., P.C. d/b/a City Peace Medical Care (“Medical Practice”), and any services ancillary to such medical services that we may provide or make available to you. These Terms of Service enable you to access and engage with Health Care Professionals to obtain the Services.

Please read these Terms of Service carefully, as well as our Terms and Conditions, our Web and Mobile Privacy Policy, and any other notices on the Sites or Platforms, each of which govern your use of the Sites, Platforms, and the Services provided through the Sites or Platforms. For purposes of these Terms of Service, the term “User” includes anyone who may be a paid subscriber to the Sites, Platforms, and Services, as well as any non-subscribing users of the Sites, Platforms, and Services.

To use the Services, you must agree to these Terms of Service. By clicking the “AGREE” box at the conclusion of these Terms of Service, you are indicating that you agree to be bound by all terms and conditions of the Terms of Service. If you do not agree to some or all of these terms and conditions, you are not authorized to access or use the Sites, Platforms, and/or the Services and should not use the Sites, Platforms, and/or the Services. If you do not agree to these Terms of Service, please leave this Site.

THESE TERMS OF SERVICE REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, AND INCLUDE A CLASS ACTION WAIVER. THESE TERMS OF SERVICE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

The Services you receive from Health Care Professionals through the Sites or Platforms may not necessarily give rise to a provider-patient relationship, an ongoing treatment relationship, or a primary care provider relationship.  The Services you receive from Health Care Professionals through the Sites or Platforms include diagnosis and treatment of only non-emergent medical conditions appropriate for email, telephone and/or telecommunications.  You are expected to

seek follow-up or emergency care when recommended by a Health Care Professional or when otherwise needed, and you should continue to consult with your primary care provider and/or any other health care providers as needed or recommended. Additionally, the Health Care Professionals who provide Services through the Sites or Platforms may make recommendations and/or arrangements for follow-up care, as appropriate, and you are welcome to access our Services for these follow-up visits. Although our Sites, Platforms, and the Services provided through the Sites or Platforms are intended to provide benefits such as convenient access to Health Care Professionals and the Services they provide, potential risks associated with use of the Sites, Platforms, and the Services exist, which are outlined in our Informed Consent to Treatment discussed later in these Terms of Service (the “Consent”).

PAYMENT

By agreeing to these Terms of Service, you agree that you have reviewed and understand, acknowledge and/or certify as true each of the terms below:

You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing the Company with your credit card number and associated payment information, you agree that we are authorized to immediately invoice your account for all fees and charges due and payable to the Company hereunder and that no additional notice or consent is required.  Neither the Company nor the Medical Practices are enrolled with or a participating provider with any federal or state health care programs, including without limitation, Medicare or Medicaid, for the provision of any health care services or supplies.  You hereby represent and warrant that you are not an enrolled beneficiary or otherwise entitled to receive any benefits from any federal health care program, including without limitation, Medicare and/or Medicaid.  No costs of the Service addressed in these Terms of Service may or will be reimbursable by any third-party payors, including any government or commercial payors, except that you may on your own (without assistance from the Company) seek reimbursement from commercial payors for the cost of the Services.  You are solely responsible for the costs of any service or product provided to you.  The Subscription Fee (defined below) is likely not a covered benefit under health insurance plans or other health care benefit plans such as Health Savings Accounts or Flexible Spending Accounts.  As a result, you acknowledge that you may not be able to submit the Subscription Fee for coverage under your insurance or benefit plan, and as such, you are obligated to pay the Subscription Fee.

We reserve the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Service.

 

• Subscription Fees. Subscription fees for the Services will be charged to the payment method you provide to us (“Payment Method”) under the account you have established with us (your “Billing Account”). You agree to pay the Company all monthly subscription fee charges due for the Services at the price then in effect (the “Subscription Fee”).  You authorize the Company, or a third party billing partner, to charge you through your Payment Method for these Services at the time of initial payment and as a recurring charge for each monthly renewal time on a going forward basis until you cancel in accordance with these Terms of Service. We reserve the right to correct any errors or mistakes made by any parties after payments have been requested or received. You may terminate your authorization for your Payment Method at any time by contacting the Company at info@medihere.com. You must cancel your subscription before it renews to avoid being charged the monthly Subscription Fee for the next month.  If you cancel your subscription and have already paid the Subscription Fee for a given month, you may continue to access the Services through that month for which you have already paid, and your subscription will not be renewed after your then-current month expires.  However, you will not be eligible for a prorated refund of any portion of the Subscription Fee paid for the then-current month.  You shall keep your billing information current and complete and update any information within 72 hours of a change. Please notify the Company should your Payment Method be canceled or suspended for any reason.

 

• Fraudulent Billing. Should you become aware of a potential breach of security for your Billing Account, such as unauthorized disclosure or use of your user name and/or password, please change your password to your account immediately through your account settings. Unless you immediately notify the Company of any such concern, you agree that the Company may continue billing your Billing Account for any use of the Service under your Billing Account, unless you otherwise terminate the authorization for the Billing Method as described above.

 

• Payment Method. If we do not receive full payment from you, you agree to pay all amounts due on your Billing Account when requested within sixty (60) days.

COMMUNICATIONS

You may send messages to a Health Care Professional by emailing them at an email address they provide to you or by calling the Company’s main phone line and recording a voicemail; however, emails, or other messages may not be returned immediately. Email messages received by the Company may be viewed by more than one Health Care Professional or other Company agent. Such voicemails and email messages do not give rise to a provider-patient relationship or an ongoing treatment relationship and do not constitute medical treatment, diagnosis, therapy, advice, or services. If you are or could be experiencing a medical emergency, please call 911 or seek emergency care immediately.

You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications”) through electronic means including, but not limited to: (1) email, using the email address that you provide to us during registration; (2) short messaging service (“SMS”) text messages, using the mobile number that you provide to us during registration; (3) push notifications, using the mobile number that you provide to us during registration; or (4) by posting the Communications on the Sites or Platforms.  You agree that (a) all agreements and consents may be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.  The delivery of any Communications 

 

from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivered Communication. You can withdraw your consent to receive Communications by email by clicking on the unsubscribe link in the email itself or by canceling or discontinuing your use of the Service. You can opt out of receiving future Communications through SMS text message by replying “STOP” or by calling the Company directly. Should you choose to opt out of receiving Communications, but you continue to use our Sites, Platforms, and the Services, you are responsible for reading the content on our Sites or Platforms regarding any policy changes.

 

PRIVACY AND SECURITY

As part of providing the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements, and administrative messages. These communications are considered part of the Services and related to your Account with the Sites and Platforms. The Company will not include your personal information in any such communications, though the Company may include your PHI when contacting you directly via a secure message service. The Company cannot secure any PHI sent to us by email because such information can be accessed by other internet users. If you choose to send your PHI by email, you acknowledge and agree that email is an insecure means of communication. Information relating to the Services you receive, including clinical notes and medical records, are stored on secure, encrypted servers maintained by the Company and our third party partners.

INFORMED CONSENT TO TREATMENT

The Company offers telehealth-based professional medical services provided by Health Care Professionals to Site and Platform users. The terms “telemedicine,” “telehealth,” and “distance care” refer to a form of health care services that relies on telecommunications technology, such as an interactive audio-video interface, that allows a patient or provider in one location to see, speak with, share information with, and consult with a provider in another distant location. The information so exchanged may be used for diagnosis, therapy, treatment, follow-up care, consultation, education, care management, and/or self-management of a patient’s health care.

BENEFITS AND RISKS OF TELEHEALTH SERVICES

Telehealth provides access to health care services in circumstances where health care may otherwise be difficult to provide. The benefits of telehealth services may include improved and easier access to health care by enabling patients to remain in their own locations and more efficient health care evaluation and management, often at a lower cost compared to other alternatives.  

A Health Care Professional consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the Health Care Professional may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, the Company strongly encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with a Health Care Professional.  By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a Health Care Professional; (iii) a Health Care Professional acting through the Services may not have important information that is usually obtained through a physical examination; and (iv) the absence of a physical examination may affect the Health Care Professional’s ability to diagnose any potential condition, disease or injury.

As with any type of health care service, there are potential risks associated with the use of telehealth services, including the Services provided via the Sites and Platforms.  Potential risks include, but are not limited to, the following:

• Information available to the Health Care Professional may not be sufficient to make a correct diagnosis or other medical decisions. There could be limitations, for example, in the information transmitted to the Health Care Professional; access to the patient’s complete medical records, which could lead to incorrect diagnoses or adverse drug interactions or allergic reactions; and the physical examination that Health Care Professional can perform (in particular, information that can be obtained only by touching the patient or being physically present with the patient will not be available).

• In some cases, the Health Care Professional may conclude that the information transmitted is not sufficient (e.g., poor resolution of images), or on some other basis the nature of your problem is such that it does not allow for the Services to be provided appropriately by the Health Care Professional without an in-person evaluation.

• Telehealth relies on electronic communications and devices. Any technical failure or power outage could therefore delay or disrupt such communications and hinder, delay, or erase our ability to assist you. These limitations could result in an incorrect diagnosis, which in turn could lead to treatment that is not helpful, or that could even be harmful; or to adverse drug interactions, allergic reactions or other problems. Health Care Professionals performing Services through the Sites and Platforms are aware of these limitations and take them into account in making clinical decisions within the scope of their practice. Where necessary, these Health Care Professionals will refer patients to in-person care. The risk of error nevertheless exists.

• No electronic communication is entirely safe from intruders. Security protocols could fail, causing a breach of privacy of personal medical or mental health information. See our Web and Mobile Privacy Policy for additional details.

• In some cases, applicable laws may prevent Health Care Professionals from providing the Services you desire through the Sites or Platforms. When that is the case, the Health Care Professional will refer you to an appropriate provider who can provide the services you desire.

You are under no obligation, of course, to obtain care via telehealth. You may do so through conventional, in-person services instead of or in addition to these Services. Please feel free to provide feedback to the Company should you become concerned that care via telehealth may be insufficient for your needs.

MINORS INELIGIBLE

Individuals under the age of eighteen (18) are not permitted to access or use the Site, Platforms, or the Services, or to enter into these Terms of Use. By using the Site, the Platforms and the Services, you affirm that you are at least eighteen (18) years of age.  

TERMINATION

You may deactivate your User Account and end your registration at any time, for any reason by sending an email to info@medihere.com

The Company may suspend or terminate your use of the Sites, Platforms, and Services, your User Account, and/or your registration for any reason at any time.

Subject to applicable law, we reserve the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Sites or Platforms pursuant to its internal record retention and/or content destruction policies. After such termination, the Company will have no further obligation to provide you Services, except to the extent we are obligated to provide you access to your health records or Health Care Professionals are required to provide you with continuing care under their applicable legal, ethical, and professional obligations to you.

MODIFICATIONS TO THESE TERMS OF SERVICE

The Company may in its sole discretion, without prior notice to you, revise these Terms of Service at any time. Should these Terms of Service change materially, the Company will update the Effective Date noted above and post a notice regarding the updated Terms of Service on the Sites. The amended Terms of Service will also appear when any of the Sites or Platforms are accessed by you and you will need to acknowledge your agreement to the amended Terms of Service prior to being able to continue to use the Sites and Platforms. If you do not agree to the terms of the amended Terms of Service, your sole and exclusive remedy is to discontinue your use of the Sites and Platforms, and you will be deemed to have terminated these Terms of Service. Amended Terms of Service will be effective as of the Effective Date unless otherwise stated. By accessing or using the Sites and Platforms after such changes are posted you agree and consent to all such changes.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SITES, PLATFORMS, OR THE SERVICES IS AT YOUR SOLE RISK. THE SITES, PLATFORMS, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.

The Company is not responsible for any inaccurate or incorrect content posted on the Sites, Platforms, or relayed through the Services provided. We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any Communication caused by the user, the Company, or a third party. The Company is not responsible for any problems or technical malfunctions of network or phone lines, computer equipment or systems, servers, providers, software, email providers, or internet traffic, including injury or damage to you or any other person’s computer related to or resulting from using our Sites, Platforms, or the Services.  Under no circumstances will the Company or any of its affiliates or third parties be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Sites, Platforms, or the Services, or any content posted on or transmitted from the Sites, Platforms, or relayed through the Services provided. The Company does not guarantee or promise any specific results from your use of the Sites, Platforms, or the Services.

General advice posted to the Sites, Platforms, or relayed through the Services provided is for informational purposes and is thus not intended to replace or substitute for any medical service or advice. General advice also does not form the basis for a provider-patient relationship. We disclaim any and all liability regarding any treatment, action by, or effect on any person following any general information offered or provided via the Sites, Platforms, or relayed through the Services provided. Specific concerns that require medical advice should be directed to an appropriately trained health care provider.

The Sites and Platforms are intended for use within the United States, and specifically in New York. Those choosing to access the Sites or Platforms outside of the U.S. are responsible for compliance with all local laws, including those which may apply to content on the Sites or Platforms which may be prohibited locally.

LIMITATIONS ON LIABILITY

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ANY OF ITS OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, ACTUAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, COST OF SUBSTITUTE PRODUCTS OR SERVICES, BODILY INJURY, OR DEATH OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE SITES, PLATFORMS, OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE UNDER THEORY OF BREACH OF CONTRACT, TORT, NEGLIGENCE, CONTRACT, WARRANTY, STATUTE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU ARISING FROM THESE TERMS, THE USE OF OR INABILITY TO USE THE SITES, PLATFORMS, OR THE SERVICES, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY FOR ACCESS TO AND USE OF THE SITES, PLATFORMS, AND/OR THE SERVICES.

YOU RELEASE THE COMPANY AND HOLD IT AND ITS THIRD PARTY TECHNOLOGY PLATFORM PROVIDER, SUPPLIERS, AND PROVIDERS, AND ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SITES HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE AS CITED ABOVE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITES, PLATFORMS, AND THE SERVICES. WE, AND THOSE REFERENCED DIRECTLY ABOVE, EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RESULTING FROM THE DELIVERY OF HEALTH CARE SERVICES VIA OUR SITES, PLATFORMS, OR A THIRD PARTY TECHNOLOGY PLATFORM PROVIDER, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR MEDICAL MALPRACTICE. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. To the extent the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

The failure of our Company to enforce any right or provision of these Terms of Service does not constitute a waiver of future enforcement of any right or provision. If, for any reason, a court of competent jurisdiction or an arbitrator finds any portion of a provision of these Terms of Service unenforceable or invalid, that provision will otherwise be enforced to the maximum extent permissible. All other provisions of these Terms of Service will remain in full force and effect.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE COMPANY, ITS THIRD PARTY TECHNOLOGY PLATFORM PROVIDER, AND ANY SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER THIRD PARTY PARTNERS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, DEMANDS, COSTS, AND EXPENSES OF EVERY KIND AND NATURE (INCLUDING ACTUAL, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO, YOUR USE OF THE SITES, PLATFORMS, AND THE SERVICES. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAWS THAT LIMIT OR PROHIBIT SUCH A GENERAL RELEASE.

GEOGRAPHIC RESTRICTIONS

The Company makes no representation that all products, services and/or material described on its Sites or Platforms, or the Services available through the Sites or Platforms, are appropriate, legal, or available for use in locations outside the United States or in all territories within the United States.  You hereby certify that if receiving professional medical services from a Health Care Professional via the Sites or Platforms, you are physically located in one of the following states at the time you are receiving such Services: New York. The Health Care Professionals rely upon this certification in order to provide the Services to you, and your ability to access the Services is fully conditioned upon your truthfulness of this certification. Should your certification of your location be inaccurate or untruthful, you agree to indemnify the Company, the Health Care Professionals, and any Company subsidiaries, affiliates, officers, agents, and other partners, harmless from any resulting loss, liability, damages, costs or claims, made by you or any third party.

DISCLOSURES

Each of the Health Care Professionals performing Services through the Sites or Platforms holds a professional license that was issued by a professional licensing board in the state in which he/she practices.

You can report a complaint relating to any Services provided by a Health Care Professional by contacting the professional licensing board in the state where the Services were received, or by contacting the Company directly. In a professional relationship, sexual intimacy is never appropriate and should be reported to the professional licensing board that licenses, registers, or certifies the licensee.

Any clinical records created as a result of your use of the Sites, Platforms, and the Services will be securely maintained by the Company and/or its third party partners on behalf of the Health Care Professional with whom you consult, for a period that is no less than the minimum number of years that such records are required to be maintained under state and federal law.

DISPUTE RESOLUTION

Except as otherwise set forth in these Terms of Service, you hereby agree to resolve any and all controversies, claims, and/or disputes (each, a “Dispute”) arising as a result of your use of the Sites, Platforms, or the Services, solely pursuant to the terms of the section below.

• Management Resolution. Disputes shall first be referred to each party or their authorized representatives for discussion and resolution (“Management Resolution”).

• Arbitration. Should Management Resolution fail to resolve the Dispute, then you agree that the Dispute shall be resolved by final, binding arbitration (“Arbitration”) administered by the American Arbitration Association (“AAA”) under the AAA’s Commercial Arbitration Rules by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the Arbitration, the appointment shall be made by the AAA in accordance with the Commercial Arbitration Rules. The place, or legal seat of arbitration, shall be New York, and the language of the arbitration shall be English.  You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons. Each party shall bear its own arbitration filing fees.  The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein shall authorize the arbitrator to act as amiable compositeurs or to proceed ex aequo et bono. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.

• Governing Law. These Terms of Service are governed by the laws of New York. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of New York in respect of all matters and disputes arising hereunder, and waive any defense of lack of personal jurisdiction in that jurisdiction. These Terms of Service are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

• Injunctive Relief. We retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

EMERGENCIES

THE COMPANY DOES NOT PROVIDE EMERGENCY CARE. IF YOU THINK YOU ARE FACING AN EMERGENCY, PLEASE DO NOT RELY ON THE COMPANY FOR HELP. IMMEDIATELY CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM.

CONFIDENTIALITY

See our Web and Mobile Privacy Policy.

AGREEMENT TO SERVICE

You understand that by checking the “AGREE” box for these Terms of Service and/or any other forms presented to you on our Sites or Platforms you are agreeing to these Terms of Service, as well as the Terms and Conditions, and that such action constitutes a legal signature.

I ACKNOWLEDGE THAT ALL MY QUESTIONS HAVE BEEN ANSWERED TO MY SATISFACTION.

I ACKNOWLEDGE THAT I HAVE READ THESE TERMS OF SERVICE AND THAT I AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.

No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

If you have any questions about these Terms of Service, or the Sites, Platforms, or Services, or would like to report any violations of our Terms of Service, please contact the Company at info@medihere.com.

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