Terms of Use

Terms of Use

The Website is not appropriate to address emergency or life-threatening medical conditions, and should not be used as such. 1stCallHEALTH may direct you to an emergency room or other appropriate facility at any time. If you experience a medical emergency during a Visit or while otherwise using the Service (each as defined below), we will only be able to contact the emergency contact you provided when you registered for the Service, as we do not have location services available while you are using the Service. If your emergency contact is not available or doesn’t respond to our contact attempt, we will not be able to take any further action with regard to your medical emergency.

IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 20 BELOW. PLEASE READ THESE TERMS OF USE CAREFULLY.

1stCallHEALTH, LLC. (“1stCallHEALTH“) facilitates access to health care rendered by licensed nurse practitioners and other licensed clinical providers. These Terms of Use govern your access to and use of our platform to connect with licensed nurse practitioners and other licensed clinical providers who have registered with us to provide health care services (the “Service”), and your compliance with these Terms of Use is a condition to your access to and use thereof. By accessing our platform or using our services, you accept and agree to be bound by these Terms of Use, including the terms in Sections 17 and 20 below that allow 1stCallHEALTH to terminate or suspend your use of the Service at any time for any reason or no reason and that require you to resolve most disputes with 1stCallHEALTH by binding, individual arbitration, and includes a class action waiver, wherein you agree that your use of the Service constitutes your agreement to arbitrate any disputes against us individually and not as part of any class action or other aggregate process. These Terms of Use (this “Agreement”) create a contract by and between 1stCallHEALTH and the person (“you,” “yourself,” or “your”) who is accessing and using the Service. This Agreement describes the terms and conditions for your use of the Service. Also, upon your acceptance of the terms of this Agreement, you agree that you have been advised of and understand the potential risks, consequences, and benefits of receiving health care using remote, electronic communications, as described in the Consent to Treat set forth in Section 6 below. Note, too, that you have the right to opt out of the mandatory binding arbitration and class action waiver provisions by following the procedure described in Section 20 below. For the avoidance of doubt, in the event that an organization, such as your or your partner’s or spouse’s employer, university, or health plan (“Sponsor Organization”), is paying for access to the Services on your behalf and has a separate written agreement with 1stCallHEALTH concerning our agreement to make of the Services available to you for your use, that written agreement, and not this Agreement, governs and controls the contractual relationship between 1stCallHEALTH and the Sponsor Organization, but does not affect your agreement with us except and only to the extent expressly provided in such other written agreement. Additionally, please review our Privacy Policy, which explains our practices relating to the collection and use of your information through or in connection with the Services. Our use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of the Services, you consent to the collection and use of this information.

Eligibility to Use the Service

You must be at least 18 years of age (or the age of legal majority where you live) in order to use the Service. If you are under 18 years of age (or the age of legal majority where you live) and over 3 years of age, you may use the Service only with the prior written consent of, and under the supervision of, a parent or legal guardian who agrees that you may use the Service and further agrees to be bound by this Agreement. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority) and over 3 years of age, you agree to be fully responsible for the acts or omissions of such user in relation to the Service. Additionally, there are circumstances in which certain adult users of the Service may be eligible to use the Service to seek health care for or on behalf of a Minor (as defined below). The terms and conditions governing the use of the Service by an adult to seek health care for or on behalf of a Minor are set forth in Section 7 below concerning pediatric health care. For purposes of this Agreement and all uses of the Service, a “Minor” is a person that is under 18 years of age (or the age of legal majority where the Minor lives) and over the age of 3 years of age. A Minor may use the Service only under the circumstances described in Section 7 below concerning pediatric health care sought by an adult user of the Service. 1stCallHEALTH reserves the right to request proof of age at any point so that it can verify that Minors are not using the Service without the consent of and supervision by an authorized adult. If 1stCallHEALTH believes that a Minor is using the Service without adult supervision, it may block the Minor from using the Service.

Modifications to this Agreement

Subject to the provisions of Section 20, regarding modifications of the mandatory binding arbitration and class action waiver provisions hereof, 1stCallHEALTH reserves the right to modify the terms, conditions, limitations, and restrictions set forth in this Agreement, or any policies related to access to and use of the Service, at any time and in its sole discretion; provided, that, in the event that 1stCallHEALTH makes such a modification, it will endeavor to notify you and other users of the Service of the modification the next time that you and others access the user accounts created at the Service and allow you to review and accept this Agreement, as modified, prior to continuing to access or use the Service. Subject to the provisions of Section 20, your continued use of the Service, following notice of such modifications, will constitute your acceptance of this Agreement, as modified. If you do not agree to any modifications of this Agreement or related policies, as they occur, you will immediately discontinue accessing or using the Service. Additionally, 1stCallHEALTH reserves the right to suspend or terminate the Services for any reason, without notice, at any time.

License Grant

Subject to the terms of this Agreement, including the eligibility requirements set forth in Section 1 above, 1stCallHEALTH hereby grants to you a limited, non-transferable, non-exclusive right to use the Service on any Internet-enabled device that you own or control solely for the purpose of obtaining health care from those nurse practitioners and other clinical providers to whom you are granted access via the Service (the “Providers”) in accordance with terms, conditions, limitations, and restrictions set forth in this Agreement, including, but not limited to, terms and conditions governing the payment of any fees required by 1stCallHEALTH.

Ownership of the 1stCallHEALTH Website: Restrictions on Use

You agree with 1stCallHEALTH that, as between you and 1stCallHEALTH, the 1stCallHEALTH Website and all of the information, materials, features, functionality, and other content included in the Website or otherwise made accessible to you via the Website, including, but not limited to, any and all software, displays, images, graphics, text, algorithms, video, and audio and the design, selection, and arrangement of the same (collectively, the “Product”) is owned by 1stCallHEALTH, including any and all intellectual property in or related to the Product and any authorized or unauthorized enhancements, updates, upgrades, improvements, or other modifications to or reproductions or derivative works of the Product.

The Product, including each of the elements described in the preceding sentence, is the property of 1stCallHEALTH and/or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. 1stCallHEALTH reserves all rights in this regard. Except as otherwise expressly permitted in Section 7 below concerning pediatric health care, each account registered with 1stCallHEALTH is for a single user only. Further, you acknowledge that only one user account is permitted per individual, and you agree that you will not create more than one user account for an individual user, including creation of one or more additional user accounts using alternate identification information.

You are responsible for maintaining the confidentiality of any account authentication credentials used to access your user account. You may not share your account authentication credentials, if any, with anyone else or otherwise permit anyone other than yourself to access the Product using your user account or, if applicable, your account authentication credentials. You are responsible for maintaining the confidentiality of your own user account and account authentication credentials. 1stCallHEALTH reserves the right to cancel or suspend your access to the Product if you share your user account, create more than one user account for an individual user, or share your account authentication credentials. Unless otherwise specifically agreed by 1stCallHEALTH in writing, you will not (a) reproduce, modify, make derivative works of, reverse engineer, decompile, or disassemble the Product, (b) modify copyright or other proprietary rights notices of 1stCallHEALTH or its licensors in or accompanying the Product, (c) make the Product available in any manner to any third party for use in the third party’s business operations, (d) access or use (or permit third parties to access or use) the Product in order to build or support any products or services competitive with the Product, or (e) inaccurately or falsely represent your current location, your demographic location, your address, your medical history, information about your medical condition, or otherwise inaccurately or falsely represent yourself to 1stCallHEALTH, the Nurse Practitioners, or other clinical providers.

You represent and warrant that (a) 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; (b) are not listed on any U.S. Government list of prohibited or restricted parties; and (c) are not located in a state the does not have nurse practitioner practice authority. At this time, 1stCallHEALTH does not treat patients presenting with issues or injuries related to Workers’ Compensation as outlined by the U.S. Department of Labor. You agree that you will not use the Website to seek care for an issue or injury arising from a Workers’ Compensation claim. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL 9-1-1 OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY. The Website is not appropriate to address emergency or life-threatening medical conditions, and should not be used as such. 1stCallHEALTH or any Nurse Practitioners or other clinical providers you connect with through the Service may direct you to an emergency room or other appropriate facility at any time.

Feedback; Testimonials

1stCallHEALTH has not agreed to and does not agree to treat as confidential any suggestion or idea provided by you regarding the Service or the Website (“Feedback”), and nothing in this Agreement or in your and 1stCallHEALTH’s dealings arising out of or related to this Agreement will restrict 1stCallHEALTH’s right to use, profit from, disclose, publish, or otherwise exploit any Feedback, without compensation to you, or provide you with any rights in the Product. 1stCallHEALTH will publish your name or other identifying information in connection with any testimonial only with your prior approval.

If the Service is, or was, offered to you at no cost or at a discounted rate, any public or other published review, comment, or testimonial about 1stCallHEALTH or the Service must include a statement indicating that the Service is, or was, provided to you at no cost or at a discounted rate. If any incentives were offered to you for any public or other published review, comment, or testimonial, the disclosure of such incentives is required by you in connection with your publications of the review, comment, or testimonial. 1stCallHEALTH may republish any publicly available review, comment, or testimonial about 1stCallHEALTH or the Service on its websites or in other media. Appropriate attribution to the original source of the publication will be made by 1stCallHEALTH.

Consent to Treat

You consent to receive health care from Providers (as defined in Section 3 above) using remote, electronic communications, such as interactive chat, audio, and/or video communications, specifically through your use of the Service, where such health care may include diagnosis, consultation, treatment, and transfer of electronic medical records and medical data (each instance, a “Visit”). You agree to be treated via a virtual visit with a Provider (i.e., not an in-person visit) and understand that there are inherent risks and limitations associated with a virtual visit with a Provider that may not be found with in-person visits, including, but not limited to, risks and limitations arising from such Provider’s ability, or inability, to comprehensively assess and accurately diagnose illness, injury, disease, or other health issues using remote, electronic communications.

You agree to accurately disclose your location prior to participating in a Visit using the Service. A Provider will only be permitted to render health care to you if you are located in a State and Jurisdiction in the United States of America in which such Provider is licensed to practice with full practice authority. You understand and agree that, as part of any Visit using the Service, you will have a dedicated Provider.

You acknowledge that Providers that render health care to you via the Service may have a financial interest in 1stCallHEALTH.

During your Visit, you consent to the following:

A) Data, chat text, audio, video, and/or digital photos may be recorded;
B) Details of your medical/health information may be discussed with you and the Providers using electronic technology, including text chat, audio, video, and/or graphics technology;
C) Virtual examination of you may take place;
D) Clinical personnel and non-clinical technical personnel may join the Visit, to aid in delivery of health care to you. All existing laws regarding your access to health information and copies of your health records apply to your Visit using the Service. Reasonable efforts will be made to eliminate any confidentiality risks associated with your Visit. All existing confidentiality protections under applicable Federal and State law apply to information disclosed during your Visit.

You understand that there are risks and consequences from a virtual Visit with a nurse practitioner or other clinical Provider, including, but not limited to, the possibility, that the transmission of your health information could be disrupted or distorted by technical failures, the transmission of your health information could be interrupted by unauthorized persons, and/or the electronic storage of your medical information could be accessed by unauthorized persons. You may withhold or withdraw consent to the Visit at any time without affecting your right to future care or treatment, provided that no such withholding or withdrawal will negate or otherwise affect any Service that may have been provided by a Provider prior to such withholding or withdrawal.

Pediatric Health Care for Minors Three Years of Age or Older

As described in Section 1 above, as an adult user of the Service, you are eligible to add to your user account an additional account for Service to seek health care for or on behalf of a Minor. You may use your added account and the Service to seek health care for or on behalf of a Minor under the following circumstances:

A) You are a parent or legal guardian having legal custody of the Minor. If at any time, you are no longer authorized to access the Minor’s profile, due to court order or for any other reason, you agree to cease all use or access or attempted use or access of the Service by or on behalf of such Minor and notify 1stCallHEALTH immediately of your access limitation;

B) You have your own user account and are otherwise eligible to access and use the Service;

C) The Minor is enrolled as a user of 1stCallHEALTH with their own separate account;

D) The Minor is at least three years old (and otherwise qualifies as a Minor, as that term is defined in Section 1 above); (e) The Minor has not been emancipated under applicable State or other law due to circumstances such as marriage, military service, or judicial emancipation;

F) The Minor is not under the care of a government agency (for example in foster or shelter care);

G) At the time that you initiate each Visit for the Minor, you attest that the requirements set forth in subsection (a) above are met; and

H) You remain present during the entirety of each Visit, unless otherwise specified. You agree that you will not use the Service to seek health care for a Minor except in the circumstances described in this Section 7 or otherwise allow a Minor to use your account to seek health care on their own. 1stCallHEALTH reserves the right, and each Nurse Practitioner or clinical provider shall have the right, to cancel or suspend access to the Service by you or anyone using the Service to seek health care for a Minor in violation of the terms, conditions, limitations, and restrictions set forth in this Section 7, including, in the case of a Nurse Practitioner or clinical provider, the right to promptly end a Visit if the Nurse Practitioner or clinical provider reasonably believes that an attempt is being made to use the Service to seek health care for or on behalf of a Minor in violation of this Section 7 or otherwise use the Service in a manner that is improper or potentially harmful to a Minor. 1stCallHEALTH reserves the right, and each Nurse Practitioner and clinical provider shall have the right, to require that a Visit for rendering health care to a Minor be conducted using video communications.

Opt-In to Receive Security Code Messages via SMS

When you provide your phone number to create your account with 1stCallHEALTH you are consenting to and opting-in to a Security Code Message service. When such a message service is available with 1stCallHEALTH, upon such opt-in we will send you an SMS message to provide you with a security code, which will verify your identity and confirm you are signing up to receive Security Code messages for future sign ins to 1stCallHEALTH.

Payments, Access, and Caps on Annual Visits

Your user account through a subscription you purchase, whether paying month to month or agreeing to a year-long contract, provides you with unlimited access to the Service for the period of time within the subscription you purchased. You agree that “unlimited” means you pay a specified charge for access to the Service regardless of how much you use the Service. You further agree, however, that “unlimited” does not mean that you can use the Service in any way that you choose or for any prohibited access, and that if you use the Service in any manner that is prohibited, 1stCallHEALTH can limit, restrict, suspend or terminate your use of the Service in its sole discretion. Additionally, 1stCallHEALTH may, in its sole discretion, terminate your Service or restrict your access to the Service if it reasonably determines or has a reasonable basis to believe that you are engaged in any abusive use of our Service.

Recurring Charges; Auto-Renewal; Cancellation

If you purchase a subscription to access the Service (as opposed to your Sponsor Organization providing you with access to the Service), then you authorize 1stCallHEALTH to charge your chosen payment method for your initial subscription payment and all automatic renewals until you turn off automatic renewals or cancel your subscription.

You must turn off automatic renewals before your subscription renews to avoid being charged the subscription fee for the subsequent subscription period. If you turn off automatic renewals, your subscription will not be renewed after the then-current subscription period expires. After you cancel your subscription or your subscription is not renewed or otherwise terminated by you or 1stCallHEALTH, you will no longer be able to start a Visit.

For more information on the circumstances in which a refund may be available, go to our FAQs or contact our customer service at [email protected]. If the amount to be charged to you varies from the amount you preauthorized when you created your account subscription (other than due to an imposition or change in the amount of any applicable state sales taxes), for example, due to an increase in the annual subscription fee that we charge for access to the Service, you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the automatic renewal.

If you do not agree with the new amount in the notice, you may turn off automatic renewals in the Auto-Renewal portion of the Manage Subscription section of your profile. You may also cancel your subscription by contacting our customer service via [email protected].

Health Savings Account Requirements

Users Receiving Promotional Access

Refunds

Limitations of Liability

Confidentiality

“Confidential Information” includes all confidential and proprietary aspects of the Service, in addition to any information you submit through the Website that a reasonable person would expect under the circumstances of disclosure to be kept confidential (e.g., any personal health information or other personal data or information). 1stCallHEALTH and you (each a “Party”) will not disclose the Confidential Information of the other Party and will use the Confidential Information of the other Party only to exercise rights and fulfill obligations under this Agreement, while using reasonable care.

The receiving Party may disclose Confidential Information of the discloser when required by law after giving reasonable notice to the discloser, if permitted by law. Except for the limited use rights under this Agreement, neither Party acquires any right, title, or interest in the other Party’s Confidential Information. The Parties agree that any breach of this Section 16 by the other may cause irreparable injury not adequately compensable with monetary damages. Accordingly, in addition to any rights otherwise available at law, in equity, or by statute, the non-breaching Party is entitled to seek injunctive and other equitable relief without the obligation to post a bond.

Privacy

The Privacy Policy and Notice of Privacy Practices set forth below explains how 1stCallHEALTH treats your personal data and other information and protects your privacy. By accessing or using the Website, you agree that 1stCallHEALTH can use such data and information pursuant to and in accordance with the Privacy Policy and Notice of Privacy Practices.

The receiving Party may disclose Confidential Information of the discloser when required by law after giving reasonable notice to the discloser, if permitted by law. Except for the limited use rights under this Agreement, neither Party acquires any right, title, or interest in the other Party’s Confidential Information. The Parties agree that any breach of this Section 16 by the other may cause irreparable injury not adequately compensable with monetary damages. Accordingly, in addition to any rights otherwise available at law, in equity, or by statute, the non-breaching Party is entitled to seek injunctive and other equitable relief without the obligation to post a bond.

Term and Termination

Notices

Indemnification

Dispute Resolution; Mandatory Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This Section 20 requires you to waive your right to a jury trial and arbitrate certain disputes and claims with 1stCallHEALTH and limits the manner in which you can seek relief from us. As set forth in this Section 20, no class or representative actions or arbitrations are allowed.

Except as provided below in “Exception for Litigation of Intellectual Property and Small Claims Court Claims,” you and 1stCallHEALTH each waive your rights to a jury trial and to have any dispute arising out of or related to this Agreement or the Service resolved in court. Instead, for any dispute that you have against 1stCallHEALTH, you agree to first contact 1stCallHEALTH and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to 1stCallHealth by email at [email protected] or by certified mail addressed to: Attn: LEGAL, 1stCallHealth 2300 18th ST NW, Lobby #21104, Washington, DC 20009. The Notice must (a) include your name, residence address, email address, and telephone number and your username for the Service; (b) describe the nature and basis of the claim and the date or dates on which you believe the claim arose and the Providers, if any, involved; and (c) set forth the specific relief sought. Any Notice of a claim that 1stCallHEALTH provides to you will be similar in form to that described above. If you and 1stCallHEALTH are unable to reach an agreement to resolve a claim within thirty (30) days after such Notice is received, then either Party may, initiate binding arbitration as the sole means to resolve claims. Specifically, all claims arising out of or relating to these Terms of Use (including the Terms’ or Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of our Service or our Website(s) shall be finally settled by binding arbitration administered by the Judicial Arbitration and Mediation Services (“JAMS”). All submitted disputes will be resolved through confidential binding arbitration held in Washington, D.C. in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of JAMS, which are available on the JAMS website and incorporated herein by this reference. You acknowledge and agree that you have read and understands the Rules or, if you do not read the Rules, acknowledge and agree that you shall be deemed to have waived both the opportunity to read the Rules and any claim that the Rules are unfair or should not apply for any reason.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use or the Privacy Policy, including but not limited to any claim that all or any part of these Terms of Use or the Privacy Policy is or are void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com ); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, [1155 F St NW #1150, Washington, DC 20004]; and (c) send one copy of the Demand for Arbitration to 1stCallHEALTH at 1stCallHEALTH 2300 18th ST NW, Lobby #21104, Washington, DC 20009.

You and 1stCallHEALTH agree that any dispute arising out of or related to this Agreement or the Service is personal to you and 1stCallHEALTH and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative action or proceeding.

You and 1stCallHEALTH agree that this Agreement affects interstate commerce and that the enforceability of this Section 20 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, this Agreement, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action or proceeding, which is prohibited by this Agreement. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative action or proceeding, or preside over any action or proceeding involving more than one individual.

The arbitrator, 1stCallHEALTH, and you will maintain the confidentiality of any proceedings, including, but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.

You and 1stCallHEALTH agree that, for any arbitration you initiate, you will pay the filing fee and 1stCallHEALTH will pay the remaining JAMS fees and costs. For any arbitration initiated by 1stCallHEALTH, 1stCallHEALTH will pay all JAMS fees and costs, including the filing fee. [If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. 1stCallHEALTH will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.] You and 1stCallHEALTH agree that the state or federal courts of the District of Columbia and the United States of America sitting in Washington, DC, USA have exclusive jurisdiction over any appeals and the enforcement of any arbitration awards.

Any claim arising out of or related to this Agreement or the Service must be filed within one (1) year after such claim arose; otherwise, to the maximum extent permitted by applicable law, the claim is permanently barred, which means that neither you nor 1stCallHEALTH will have the right to assert the claim. There may be jurisdictions in which this contractual limit on the statute of limitations does not apply. Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND 1STCALLHEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception for Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you used to create your Account) written notice of your decision to opt out to [email protected] with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your agreement to these Terms of Use; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, 1stCallHEALTH also will not be bound by them.

Changes to This Section: 1stCallHEALTH will provide thirty (30) days’ notice of any changes to this section by posting on the Website, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Website or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services. If you don’t agree to the changes we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for the Service and your account cancellation date. By continuing to use or access the Service after the changes come into effect, you agree to be bound by the revised Terms of Use.

Survival: This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Services. If any portion of this Section 20 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from this Agreement; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 20 or the Parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 20; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 20 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 20 will be enforceable.

Governing Law

Miscellaneous

Responsibility for Security Devices

Links to Third-Party Websites

Prohibited Uses. You agree not to:

• Upload or transmit any communication or content of any type that infringes or violates any rights of any party.
• Use, modify, sell, assign, or transfer the content or reproduce, display, publicly perform, distribute, post, transmit, or otherwise use the Service or Product in any way for any public or commercial purpose.
• Reverse engineer, disassemble, or decompile any software included in connection with the Website.
• Use the Service for any purpose in violation of local, state, national, or international laws.
• Use the Website as a means to distribute or post advertising or other unsolicited material to any party.
• Impersonate any person or entity or falsely represent your identification or affiliation.
• Inaccurately or falsely represent your current location, your demographic location, your address, your medical history, information about your medical condition, or otherwise inaccurately or falsely represent yourself to 1stCallHEALTH, the Nurse Practitioners or the clinical providers.
• Distribute viruses or other harmful computer code.
• Harvest or otherwise collect information about others.
• Promote, encourage, or engage in defamatory, harassing, abusive, or otherwise objectionable behavior.
• Interfere with the operation of the Service or any other 1stCallHEALTH product, service, hardware, software, technology, equipment, network, or systems.
• Copy or distribute in any medium any part of the Website.
• Use or access the Service in an abusive, excessive, or inappropriate manner as determined in the sole discretion of 1stCallHEALTH, which may include, but is not limited to:
  • Initiating or engaging in excessive, superfluous, or unsuitable Visits.
  • Repeatedly terminating or dropping off Visits prior to their conclusion.
  • Repeated failure to respond to and comply with the Nurse Practitioner or clinical providers’ follow-up and treatment plans.
  • Creating a hostile environment, harassing one or more Nurse Practitioners or clinical providers, or otherwise engaging in inappropriate behavior through the use of the Service.
  • If 1stCallHEALTH becomes aware that any person or entity is using the Service in violation of these Terms of Use, including the terms, conditions, limitations, and restrictions set forth in this Section 25, 1stCallHEALTH may prohibit and block or terminate such person’s or entity’s access to and/or use of the Service and/or the Website.

Modifications