TERMS OF USE
Last updated: August 14, 2017
You are entering into contract with LMND Medical Group, Inc., A Professional Corporation.
LMND Medical Group, Inc., A Michigan Professional Corporation, LevyMD, Professional Corporation of New York, and LMND Medical Group, Inc., A Pennsylvania Professional Corporation, all doing business as ‘Lemonaid Health’ merged into LMND Medical Group, Inc, A California Professional Corporation in May 2017.
- ‘Jailbreaking’ the mobile operating system.The App is intended for use only on a mobile phone that runs an unmodified manufacturer-approved operating system. Using the App on a mobile phone with a modified operating system may undermine security features that are intended to protect health information that ‘individually identifies’ you from unauthorized or unintended disclosure. You may compromise your health information if you use the App on a mobile phone that has been modified. Use of the App on a mobile phone with a modified operating system is a material breach of these Terms of Use.
- App and Website Content.Other than the personalized content we send you in a message within the App or Website or the personalized advice we give you during a video visit, you should not consider content on the App or Website to be medical advice.
- User Accounts. When you register on the App or Website, you need to create an account (“Account”) by entering your name, email address, password, telephone number, physical address and certain other information we need to know in order to provide the Service. You may not transfer or share your Account password with anyone, or create more than one Account. If you create more than one Account this substantially limits our ability to provide appropriate care because we have no way of linking your various accounts and no way of knowing that previous accounts you set up relate to you. If you create more than one Account this increases the chances that you will experience serious adverse events from any medicines we prescribe. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. You are responsible for changing your password promptly if you think it has been compromised. To change your password go into ‘Account’ within the App or Website. We reserve the right to take any and all action, as it deems necessary or reasonable, regarding the security of your Account. You may not use anyone else’s account at any time.
- Access Rights. We hereby grant to you a limited, non-exclusive, non-transferable right to access the App or Website from a device located in the States Where We Operate and to use the Service solely for your personal non-commercial use and only as permitted under these Terms of Use, Consent to Telehealth, and the Privacy Policy. We reserve the right, in our sole discretion, to deny or suspend use of the App or Website to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the App or Website to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the App or Website; (d) distribute viruses or other harmful computer code through the App or Website or (e) otherwise use the App or Website in any manner that exceeds the scope of use granted above.
- Ownership. The App and Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned or used under license by Lemonaid and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the App or Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our App or Website except as generally and ordinarily permitted through the App or Website according to these Terms of Use. You must not access or use for any commercial purposes any part of the App or Website.
- Trademarks. Certain names, logos, and other materials displayed on the App or Website may constitute trademarks, trade names, service marks or logos (“Marks“) of Lemonaid Health or other entities. You are not authorized to use any such Marks without the express written permission of Lemonaid Health. Ownership of all such Marks and the goodwill associated therewith remains with us.
- Termination. Lemonaid Health may suspend or terminate your use of the App or Website for any reason at any time. Subject to applicable law, Lemonaid Health reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the App or Website pursuant to its internal record retention and/or content destruction policies. After such termination, Lemonaid Health will have no further obligation to provide the Service, except to the extent we are obligated to provide you access to your health records or we are required to provide you with continuing care under our applicable legal, ethical and professional obligations to you.
- Right to modify. We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the App or Website following notice of any such changes will indicate your acknowledgment of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE APP OR WEBSITE IS AT YOUR SOLE RISK. WE PROVIDE THE APP AND WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. LEMONAID HEALTH EXPRESSLY 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.
- LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LEMONAID HEALTH OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OF THE APP, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we 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.
- Indemnification. You agree to indemnify, defend, and hold harmless Lemonaid Health, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these Terms of Use.
- Geographical Restrictions. You may only use the App or Website from a device located in the states in which we operate. Lemonaid Health makes no representation that the App or Website is appropriate or available for use in locations outside the states in which we operate.
- Miscellaneous.
These Terms of Use and your use of the App or Website shall be governed by the laws of the State of California, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Los Angeles, California under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Los Angeles, California, for any action related to these Terms of Use.
You understand that by checking the “I Agree” box for these Terms of Use, the Consent to Telehealth and Privacy Policy, when they are presented to you on the App or Website you are agreeing to these Terms of Use and the Consent to Telehealth and Privacy Policy and that such action constitutes a legal signature. No waiver by Lemonaid Health of any term or condition set forth in these Terms of Use 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 Lemonaid Health to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 Use will continue in full force and effect.
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the App or Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to LMND Medical Group, Inc., 928 Harrison Street, Suite 200, San Francisco, CA 94107, USA.
