Though the Site may be used for obtaining the Services, the Site itself should not be construed as providing specific medical advice, and nothing on the Site is intended to take the place of proper medical advice, diagnosis or treatment. The content of the Site, such as text, information, data, graphics, images, and other material (the “Content”) is for informational purposes only. Steady makes no representations or warranties, whether express, implied in law, or residual, as to the accuracy, completeness, or reliability of information, opinions, data or content contained on the Site, and shall not be bound in any manner by any information contained on the Site. Always seek the advice of your physician or other qualified health provider with any questions regarding your medical condition or the use (or frequency) of any medication or medical device. Never disregard or delay seeking professional medical advice because of something you have seen or read on the Site. Reliance on information found on or in relation to the Site is solely at your own risk.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Additionally, the Providers who deliver the Services (“Providers”) are independent professionals practicing within a group of independently owned professional practices, where applicable. Steady Health does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by the Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Steady Health nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Provider.
GENERAL USE OF THE SITE
You may access, view and use the content on the Site on your computer or other device and make copies or prints of the content on the Site for your personal, non-commercial use only. You must be 18 years or older and live in the United States to access, view, or use the Site. IF YOU ARE UNDER 18 YEARS OF AGE OR OUTSIDE OF THE UNITED STATES, YOU MAY NOT USE OR ACCESS OUR SITE OR SERVICES.
Your use of the Site must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in the Site or any Content.
You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail or other addresses, contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site, including without limitation any information residing on any server or database connected to the Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information (i.e., hacking) through any means; (iii) use the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Site in violation of our or any third party's intellectual property or other proprietary or legal rights; (v) insert your own or a third party's advertising, branding or other promotional content into any of the Site's content, materials or services, or (vi) use the Site in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
As the user of the Site, you understand that we own or have licensed from third parties (including the providers of Content), the right, title and interest in and to the Site, the Content, code, data and materials used in connection with the Site, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed or used on the Site or on material available through the Site are our registered and unregistered Trademarks and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on or through the Site, or download from the Site. Nothing on the Site should be construed as conferring by implication, estoppel or otherwise any license or right under any trademarks, copyrights, patents, technologies, products, or other proprietary rights of Steady, any of its third party vendors or other third parties.
You represent and warrant that you own all of the material submitted to our Site and that you have all rights necessary to grant us the license to use such material.
In order to obtain Services, you will be required to create a User account (your “User Account”). Our Services are designed and intended for those who are at least 18 years of age and vary based on your state of residency. By creating a User Account, you represent and warrant that you are at least 18 years of age or older. If we determine at any time that a child under the age of 18 has created a User Account, we will terminate such child’s User Account and remove all information regarding such child from our systems. Our Services are subject to state regulations and may change from time to time due to changes in applicable regulatory requirements. You may use the Site only with our permission and we reserve the right to revoke the permission at any time, for any reason, in our sole discretion.
It is your responsibility to provide us with accurate, complete, and up-to-date information for your User Account (“User Account Information”). You agree to update such User Account Information as needed. You are responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur on your User Account or any other breach of security. You agree to (a) notify us immediately if you suspect any unauthorized access to your User Account and (b) log-off each time following your use of your User Account. We are not liable for any loss or damage arising from your failure to comply with this provision. Use caution when accessing your User Account from a shared or public computer.
California law allows California residents to ask companies with whom they have an established business relationship to provide certain information about the companies’ sharing of personal information with third parties for direct marketing purposes. Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: If you have a question or complaint regarding the Website, please send an email to email@example.com. You may also contact us by writing to Steady Health Inc., 100 Bush Street, Suite 1600, San Francisco, CA 94104. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask for a notice identifying the categories of personally-identifiable information, which we share with certain third parties for direct marketing purposes under certain circumstances and providing contact information for such third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: Steady Health Inc., 100 Bush Street, Suite 1600, San Francisco, CA 94104.
We do not share any California consumer personal information with third parties for marketing purposes without consent. California customers who wish to request further information about our compliance with this law or have questions or concerns about our privacy practices may contact us using the contact information set forth below.
Steady Health uses the Stripe API to process payments through the Site. Payment processing services for our Site are provided by Stripe and are subject to the Stripe Connected Account Agreement (as provided on the Stripe website) and Stripe Terms and Services (as provided on the Stripe website). By agreeing to these terms or continuing to utilize the Site, you agree to be bound by the above referenced agreements, as amended by Stripe from time to time. As a condition of Steady Health enabling payment process services through Stripe, you agree to provide us with accurate and complete information about you and your payment information and you authorize us to share it and transaction information related to your use of the payment processing services provided by Stripe.
You understand and agree not to hold Steady Health liable for any adverse effect that applicable actions (whether intentional or unintentional) may cause to any other accounts you hold. You agree to not process stolen cards or unauthorized cards through your Stripe and/or your User Account.
In our sole discretion, we may periodically allow Users to publicly post, upload, publish, or otherwise submit content through the Site (“User Content”). By submitting any User Content, you grant us a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, disclose, distribute, incorporate, modify, publicly display, and create derivative works based on your User Content and all data, images, sounds, text, and other things embodied therein only in connection with operating the Site.
You are solely responsible for all your User Content. You warrant to us that you own all submitted User Content or that you have the necessary rights to grant us the license rights in your User Content under these Terms. You further represent that your User Content does not infringe or otherwise violate a third party’s rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You will not provide inaccurate, misleading, or false information via the Site.
We will not claim any ownership rights in any User Content.
You may remove your User Content by specifically deleting it. However, some of your User Content may not be completely deleted and copies may exist on the Site. We are not liable for the removal or deletion, or the failure to remove or delete, any of the User Content.
Opinions, advice, statements, offers, or other information or Content made available through the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such Content. We do not: (i) guarantee the accuracy, completeness, or usefulness of any third-party Content on the Site, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will Steady Health or its affiliates be responsible for any loss or damage resulting from your reliance on third-party information or other Content posted on the Website or the App or transmitted to or by any Users via the Site.
We reserve the right to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that we are not liable to you or any third party for any modification, suspension, or discontinuance of the Site.
We respect the intellectual property rights of others, and require that the people who use the Site, or the features made available on or through the Site, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Steady's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Steady Health Inc, 100 Bush Street, Suite 1600, San Francisco, CA 94104.
PRIVATE OR SENSITIVE INFORMATION
LINKING TO THE SITE
You agree not to download or use images hosted on the Site on another Site, for any purpose without our express written permission. You agree not to link from any other Site to the Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other Site at any time upon written notice to you.
You may be able to link from the Site to third party Sites and third-party Sites may link to the Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Sites or the information, content, products, services, code or other materials presented on or through such Sites. The inclusion of any link to such sites on our Site does not imply our endorsement or recommendation of that site and we do not represent or warrant that the contents of any third-party Site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. We do not endorse and are not responsible for the information and security practices or privacy policies of web sites operated by others that may be linked to or from the Site. No web sites that link to the Site may frame or otherwise incorporate the Content on the Site. Any reliance on the contents of a third-party Site is done at your own risk.
NO ILLEGAL OR MALICIOUS USE
No User may use the Site for any illegal, malicious or unauthorized purpose or to abuse, harass, threaten, intimate, or impersonate any other User. Any such use will result in termination to the User’s access to the Site and of the User’s account.
We take reasonable measures to keep User Account Information secure against unauthorized use or access. However, Users shall be responsible for maintaining the security of their account by keeping their User Account Information, Passcode number and log-in details confidential and secure, and not sharing any such information with any third party. Users must select their Passcode numbers carefully, and Passcode numbers must not be sequential or easily-identifiable numbers (for example, birthdates, 1-2-3-4, or 1-1-1-1).
We shall not be liable for any loss, cost, or damage suffered as a result of any unauthorized use of the Site by any third party caused by a User’s failure to comply with these provisions. Users must notify us immediately if they suspect or become aware of any unauthorized or fraudulent use of their User Account.
Through your use of the Site, you consent to receive emails, texts, or other communications from us pertaining to your care and your health (such as automated health reminders). By utilizing our site or replying to our emails in the course of obtaining the Services, you acknowledge that you are aware that email is not a secure method of communication, and that you agree to the risks. If you would prefer not to exchange personal health information via email, please notify us at firstname.lastname@example.org.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, USEABILITY, ACCURACY, PRECISION, CORRECTNESS, COMPLETENESS, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE IN ANY USER CONTENT.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, ANY OF OUR DIRECTORS, ADVISORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.
We control and operate the Site from the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. ALL PARTIES TO THESE TERMS AND CONDITIONS WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY.
Our Site is subject to the United States export control laws and regulations and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import any data on our Site, as may be required.
We may terminate, change, suspend or discontinue any aspect of the Site. We may restrict, suspend or terminate your access to the Site if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination, in appropriate circumstances, of the Site use privileges of users who are repeat infringers of intellectual property rights.
If you have any questions or comments about these Terms, please email us at email@example.com.
© 2019 Steady Health Inc.
Last Updated: April 4, 2019