PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: January 1, 2015
Welcome to Kaigo. Through our website located at www.kaigohealth.com and our other associated websites and/or mobile applications, we provide a platform for registered members (“Members”) to report their health history to and engage with health care providers (“Health Care Providers”) in order to obtain from these Health Care Providers non-emergency general medical or mental health advice and information, as well as prescriptions for non-controlled substances (if necessary as determined by the Health Care Provider and where consistent with applicable law and standards of care), and other general medicine or acute care advice (collectively, the “Services”).
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the kaigohealth.com website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
For what purposes may I use the Services?
While we provide a platform that allows you to communicate with the Service’s Health Care Providers in order to obtain medical information and advice, we are not health care providers, nor do we practice medicine or any other licensed profession.
The information and advice you receive from the Service’s Health Care Providers is not a substitute for medical diagnosis, treatment, or care from your primary health care provider. You should always consult your primary health care provider before acting on any of our information or advice you receive from the Service’s Health Care Providers. Furthermore, while the Service’s Health Care Providers can serve as a valuable second opinion, please consult your primary health care provider before stopping his or her previously-directed treatment (to include medication and diet). In the event of medical emergency, do not rely on the Service - instead, please visit a local hospital or dial 911.
What relationship do I have with Kaigo?
Is the Service a Health Insurance Portability and Accountability Act defined Covered Entity?
What if I want to use the Service for my child’s benefit?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
Parents with children under 13 may use the Service for their child’s benefit; however, the parent, and not the child, must be the individual entering all personal information into the Service and communicating with Health Care Providers.
What are the basics of using our Service?
To use the Service you must sign up for a monthly or annual subscription. You promise to provide us with accurate, complete, and updated medical and registration information about yourself. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant you are an individual over 18 and are currently residing in the United States (as verified by your profile’s physical address and phone number).
You will only use the Services for your own internal, personal, and non-commercial use, and not on behalf of or for the benefit of any third party (provided that use of the Services in accordance with these Terms for the benefit of your child is not a breach of the foregoing), and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or Member Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Kaigo Health or Lumen Industries);
(b) Violates any law or regulation;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Services as you);
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other Member;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
(i) Copies or stores any significant portion of the Content;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in the Service?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, Member Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Lumen Industries) rights.
You understand that Lumen Industries LLC owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Do I have to grant any licenses to Lumen Industries LLC or to other Members?
For all Member Submissions, you hereby grant Lumen Industries LLC a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone or Andriod as well as a computer) and reproduce and otherwise act with respect to such Member Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in Member Submissions is not affected.
If you store a Member Submission in your own personal account, in a manner that is not viewable by any other Member except you (a “Personal Member Submission”), you grant us the license above, as well as a license to display, perform, and distribute your Personal Member Submission for the sole purpose of making that Personal Member Submission accessible to you and providing the Services necessary to do so.
If you share a Member Submission only in a manner that only certain specified Members can view (for example, a private message to one or more other Members)(a “Limited Audience Member Submission”), then you grant us the licenses above, as well as a license to display, perform, and distribute your Limited Audience Member Submission for the sole purpose of making that Limited Audience Member Submission accessible to such other specified Members, and providing the Services necessary to do so. Also, you grant such other specified Members a license to access that Limited Audience Member Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a Member Submission publicly on the Services and/or in a manner that more than just you or certain specified Members can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public Member Submission”), then you grant us the licenses above, as well as a license to display, perform, and distribute your Public Member Submission for the purpose of making that Public Member Submission accessible to all Lumen Industries LLC Members and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public Member Submission in connection with the Services and/or otherwise in connection with our business for any purpose, provided that we will try to notify you if it uses your Public Member Submission for any reason other than displaying it on the Services. Also, you grant all other Members of the Services a license to access that Public Member Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your Service account, we will stop displaying your Member Submissions other than Public Member Submissions, which may remain fully available to other Members (if applicable), but you understand and agree that it may not be possible to completely delete that content from our records, and that your Member Submissions may remain viewable elsewhere to the extent that they were copied or stored by other Members.
Finally, you understand and agree that Lumen Industries LLC, in performing the required technical steps to provide the Services to our Members (including you), may need to make changes to your Member Submissions to conform and adapt those Member Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Lumen Industries LLC, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, visit our Copyright Dispute Policy at http://www.kaigohealth.com/privacy. To learn more about the DMCA, visit http://www.copyright.gov/legislation/dmca.pdf
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any Members or Health Care Provider with whom you interact in using the Services and are not responsible for which Members gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Lumen Industries LLC has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Lumen Industries LLC will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Lumen Industries LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this Service, or between Members and any third party, you agree that Lumen Industries LLC is under no obligation to become involved. In the event that you have a dispute with one or more other Members, you release Lumen Industries LLC, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
Will we ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Does the Service cost anything?
Our basic Service is free, but we also offer premium Services for a one-time fee or on a subscription basis. If you choose to use the premium Service you will pay all fees as described on our Pricing Page found at http://www.kaigohealth.com/contact-us. Prices are subject to change upon notice to you.
What if I want to stop using the Service?
We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important Member Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Lumen Industries LLC. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
What else do I need to know?
Warranty Disclaimer. Lumen Industries LLC does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Lumen Industries LLC or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL RHS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO RHS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Lumen Industries LLC, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in the State of Maryland, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, the State of Maryland. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND LUMEN INDUSTRIES LLC ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Lumen Industries LLC may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Lumen Industries LLC agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Lumen Industries LLC, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Lumen Industries LLC, and you do not have any authority of any kind to bind Lumen Industries LLC in any respect whatsoever. Except as expressly set forth in the section above regarding you and Lumen Industries LLC agree there are no third party beneficiaries intended under these Terms.