MORE Health Terms of Use

Last Updated: 09/11/2015

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE AND/OR THE SERVICES.

The Terms of Use (or "TOU") is an agreement between a user and MORE Health, Inc. ("MORE Health"). There are rules a user agree to follow when using our websites, online medical platforms, and mobile applications (the “Services”), including when a user asks questions and when a user view or input content on or into the Apps, and these rules are contained in these TOU. The MORE Privacy Statement is officially part of these TOU even though it’s a separate document.

  1. Consultation Service

    Please be aware that any information offered to you through the Services is provided as a purely informational tool for a user and their attending doctor. It is neither intended nor implied to be a substitute for professional medical advice. CALL A HEALTHCARE PROVIDER IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY.

    Always seek the advice of your physician or other qualified healthcare provider prior to starting any new exercise, diet, or treatment. MORE HEALTH DOES NOT PROVIDE MEDICAL DIAGNOSIS, TREATMENT, OR PRESCRIPTION OF ANY KIND. ALL INFORMATION PROVIDED THROUGH THE SERVICES OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY MORE HEALTH, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS BETWEEN MORE HEALTH AND CONSUMERS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. MORE HEALTH IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY MORE HEALTH OR ANY PERSON OR ENTITY AFFILIATED WITH MORE IS SOLELY AT YOUR OWN RISK. Please ask your doctor or other qualified healthcare provider any questions you may have regarding a medical condition.

    Neither MORE Health, nor any of its affiliates, and any vendors or suppliers of content provided through the Services, nor any of their respective directors, officers, employees or agents, shall be liable in any way for any use by you or anybody of information provided through the Services, and none of them make any warranty or guaranty as to the accuracy, completeness, correctness, timeliness, or usefulness of any content provided on the Services. You may use the Services and the information contained on them solely at your own sole risk.

  2. Children’s Privacy

    We are committed to protecting the privacy of children. Users should be aware that the Servces are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

  3. An Account and a User’s Use of the Services

    Accurate and complete registration information is required to use the Services. Only the individual who created the account may use their account credentials. A user must keep their account credentials confidential and not authorize anyone else to access or use the service on their behalf, unless we provide an approved mechanism for that. A user must contact Customer Support right away if they suspect misuse of their account or any security breach in the service. A user is responsible for all activity that takes place with the areas of their service account that they control. MORE Health’s case managers will be able to edit a user’s health information in their account and upload medical documents to their account.

    A user will be able to use their account to review the documents and information uploaded by MORE Health case managers, and the comments made between physicians.

    Use of MORE Health and the Services must comply with all applicable federal and state laws, regulations, and ordinances. Currently, a user must be at least 18 years old to use MORE.

    When a user registers as a member, they agree that MORE Health may send notices to them by email at the email address they provide when they register and by text message at the phone number they provide when they register, or a different email address or phone number that they update through their Account Settings. We have a no-spam policy.

  4. Internet Access May Be Required

    To access the Services by means of a cellular data connection on a portable device (such as an iPhone), a user will need a data access plan from their wireless carrier. In order to access the Services via WiFi or Internet connection, a user will need a compatible device, software, browser and Internet access. Users should check with their provider to learn if any fees apply. A user is solely responsible for any fees or costs they incur to access the Services through any wireless or other communication service.

  5. A User’s Content and Records

    We don't claim ownership of the content users provide on the service. A user’s content remains their content. We also don't control, verify, or endorse the content that user and others make available on the service.

    Users control who may access their content, along with any co-custodians and other invited users, but they cannot choose your case manager. If a user shares content in their records, then they agree that anyone they’ve shared content with may use that content. When a user give others access to their content on the service, they can use, reproduce, distribute, display, transmit, and communicate to the public the content. If a user doesn't want others to have that ability, they shouldn’t use the service to share their content.

    If a user shares content on the service in a way that infringes others' rights, including privacy rights, they’re breaching this contract. A user represents and warrants that they have all the rights necessary for them to grant the rights in this section and the use of the content doesn't violate any law. We may remove a user’s content from the service at any time if a user breaches this contract.

    Users are responsible for backing up the data that they store on the service. If service is canceled, we may permanently delete a user’s data from our servers. We have no obligation to return data to a user after the service is canceled. If data is stored with an expiration date, we may also delete the data as of that date. Deleted data may be irretrievable.

    The service is intended for general use. It does not hold records for healthcare providers or other medical or case management purposes. For example, MORE Health records are not designated record sets as defined under U.S. Regulations. If a healthcare provider decides to include any data made available from MORE Health in its records, it should store a copy in its own system.

    The Services are for individual personal use. A user may use the Services for personal, but not for commercial, purposes. Organizations, companies, and businesses may not become registered members or use our Services through individual members. We authorize users to view or download the Content and use the Services solely for their personal, noncommercial use in accordance with all applicable federal, state and local laws. The Services and content are licensed only for the personal, household, and educational use of a single individual. An individual's noncommercial reuse or redistribution of any portion of the Services or content is permitted when that use falls within what is permitted by United States Copyright law or the Lanham Act. These laws govern general personal use of copyrighted information. No commercial use or redistribution of any of the Services or content is permitted. Any hyperlink or other re-display of the information on another website must display the Services and content full-screen and not within a "frame" on the linked or other site, unless expressly pre-approved and permitted by us in writing. By using the Services, a user agrees not to use any contact information provided by members (for example, in a private message exchange between connected members), or harvest, scrape or otherwise collect any information about our members for any reason, including but not limited to for sending unsolicited communications, including spam.

    We do not recommend or endorse any specific content, Services, tests, physicians, products, procedures, opinions, or other information that may be mentioned on MORE Health. MORE Health is designed to be used with common sense, and in connection with the advice of a physician or another healthcare provider. Reliance on MORE Health content or Services is solely at a user’s own risk. We work hard to bring our users our very best, and believe that our members will find the content and Services useful, but we cannot guarantee that the Content and Services will help a user achieve any specific goals or results.

    Now or in the future, the Content and Services may link users to other websites or information, software, data, or other contents, on or off the Internet. These other sites or and contents are not MORE, and the information there is outside of our control. We do not control, endorse, or review the content of these sites. We do not review the contents that may be reached by such links, and we are not responsible for such content. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies responsible for such sites, and should not be attributed to us. We have not attempted to verify the truth or accuracy of any such opinion, claim, or comment, nor do we endorse or support them. We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies, or other content that is outside of our control.

    The content and Services may not be used for any illegal purpose. A user may not access our networks, computers, or the content and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. A user may not attempt to gain unauthorized access to any content or Services, other accounts, computer systems, or networks connected with MORE Health, the content, or Services. A user may not use any automated means (such as a scraper) to access MORE Health, the content, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her MORE Health account. Any attempt by any individual or entity to solicit login information of any other user or to access any such account is an express and direct violation of these Terms of Use and of applicable law, including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

    If a user violates any of these Terms of Use, their permission to use the content and Services automatically terminates and they must immediately destroy any copies they have made of any portion of the content or Services.

  6. Intellectual Property

    All software and content included on the Services or used in the operation of the Services is the owned or licensed property of MORE Health or its software and content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Services is the exclusive property of MORE Health and protected by U.S. and international copyright laws. MORE Health grants users permission to view and use content and software made available to them on the Services in connection with their own personal, noncommercial use of the Services. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content and software on the Services is strictly prohibited.

    The trademarks, service marks, trade dress, and “look and feel” (the "Trademarks") used and displayed on the Services are registered and unregistered Trademarks of MORE Health and others. Nothing on the Services shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Services, without the prior written permission of the Trademark owner. Other product and company names mentioned in the Services may be the Trademarks of their respective owners.

  7. International Users

    We make no claim that content or Services are appropriate or may be downloaded outside of the United States. Personal information ("Information") that is submitted to MORE Health will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Statement. If a user is a non-U.S. member, they acknowledge and agree that MORE Health may collect and use their Information and disclose it to other entities outside their resident jurisdiction. In addition, such Information may be stored on servers located outside their resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing MORE Health with their Information, a user acknowledges that they consent to the transfer of such Information outside their resident jurisdiction as detailed in our Privacy Statement. If a user does not consent to such transfer, they may not use our content or Services. The product information provided on MORE Health and the Services is intended only for residents of the United States. Products identified on this site may have different product labeling and disclosure requirements in different countries.

  8. Indemnification

    A user agree to indemnify, defend, and hold MORE Health and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys' fees that it shall incur or suffer which relate to a user’s use of the Services, a user’s failure to perform any of their obligations under these Terms of Use, or their breach of any of their representations or warranties made under these Terms of Use.

  9. Changes to this Agreement

    We may change this contract, and will notify users by posting new terms. If a user does not agree to the changes, they must cancel and stop using the Services. If they do not stop using the Services, the new terms apply to them.

  10. No Warranty

    We provide the Services "as-is," "with all faults" and "as available." The entire risk as to the quality and performance of the service and software is with the user. Should the service or software prove defective, the user assumes the entire cost of all necessary servicing or repair. We don't guarantee the accuracy or timeliness of information available from the service. Users acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the service will be uninterrupted, timely, secure, or error-free, or that data loss will not occur. We and our affiliates and vendors give no express warranties, guarantees, or conditions. We exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and noninfringement. Users may have certain rights under their local law. Nothing in this contract is intended to affect those rights, if they are applicable.

    Third-party programs and devices that connect with MORE Health are not endorsed or warranted by MORE Health. Product descriptions are by their manufacturers and provided for informational purposes only. These Services do not provide medical or any other health care advice, diagnosis or treatment. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition, diet, fitness or wellness program. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Services.

  11. Liability Information

    If a user has any basis for recovering damages from MORE Health or its affiliates and vendors, the user can recover only direct damages up to US $5.00. A user cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.

    The limitations and exclusions apply to anything related to this contract, such as loss of data; third-party content, programs or conduct; viruses that affect a user’s use of the Services; incompatibility between the service and other services, software and hardware; delays or failures a user may have in starting or completing transmissions; and claims for breach of contract, warranty, guarantee or condition; consumer protection; deception; unfair competition; strict liability, negligence, misrepresentation, omission, trespass or other tort; violation of statute or regulation; or unjust enrichment; all to the extent permitted by applicable law.

    The limitations and exclusions also apply if this remedy does not fully compensate a user for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages.

    Nothing in these terms shall affect the statutory rights of any consumer or exclude or restrict liability for death or personal injury arising from our negligence, fraud, or our gross negligence or willful intent. Some or all of these limitations or exclusions may not apply to a user if their state, province, or country does not allow the exclusion or limitation of incidental, consequential, or other damages.

  12. Changes to the Services and Cancellation

    We continuously work to improve the Services and may change the Services at any time. Additionally, there are reasons why MORE Health may stop providing portions of the Services, including (without limitation) that it's no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, or external issues arise that make it imprudent or impractical to continue. If a user’s Services is canceled, their right to use the Services stops immediately. Their ability to access and use some third-party programs may also stop right away.

    A user may cancel the Services at any time and for any reason. Sections X-XIII, and those that by their terms apply after termination of this contract will survive any termination of this contract.

  13. General Legal Terms

    This Agreement, and the other agreements referenced in it (like our Privacy Statement), is the entire agreement between a user and us relating to MORE Health and the Services. This Agreement replaces any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references this Agreement. If there is any conflict between this Agreement and a mutually signed written agreement between a user and us related to MORE, the signed written agreement will control.

    Other parties may have rights under this Agreement. A "third party beneficiary" is another party (for example, a company) who is not directly mentioned in an agreement, but who may have some rights arising out of an agreement. Our licensors may be third party beneficiaries to this Agreement pursuant to our agreements with them. To the extent our licensors are third party beneficiaries to this Agreement, the rights and protections provided to us under this Agreement inure to their benefit. Other than these licensors, there are no other third party beneficiaries to this Agreement. The parties are independent contractors, and nothing in this Agreement creates an agency, partnership, or joint venture.

    If we provide a user with a translation of the English language version of this Agreement, the English language version of this Agreement will control if there is any conflict.

    If we choose not to enforce any provision of this Agreement, we still keep the right to enforce it in the future. This means that the failure to enforce any provision of this Agreement does not constitute a waiver of that provision. If any provision in this Agreement is found to be unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.

    This Agreement is governed by California law, excluding California's choice-of-law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS SAN MATEO COUNTY, CALIFORNIA. A USER AND US CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this Agreement limits either party's ability to seek equitable relief.