YOUR PREVISIT™
TERMS & CONDITIONS OF USE
LAST MODIFIFED: January 31, 2025
Welcome to Your Previsit’s Terms & Conditions of Use (the “Terms”). This website and the Your Previsit applications are owned and operated by Your Previsit, Inc. (“Your Previsit,” “we,” or “us”) and the information and services made available to visitors and users (“you”) through this website (the “Website”) and any online applications or mobile applications or tools we offer (collectively, the “App”). Your Previsit is designed for two types of user, patients and prospective patients (“Patient Users”) and health care services providers (“Providers”). Through our Services (as defined below) we provide a platform that permits Providers to share information with Patient Users in advance of such Patient’s healthcare appointments with those Providers. To assist Providers in sharing such information, our Services also include use of a library of pre-designed videos; customizable, artificial intelligence-generated videos with digital twin options; and patient on-boarding and communication tools. The Website and the App together, along with their contents and offerings, constitute our services (the “Services”). Unless otherwise specified, all references to the Services include the services available through the Your Previsit Website or the Your Previsit online or mobile App, as well as any software that Your Previsit provides that allows access to its products or services.
These Terns form a contract between you and Your Previsit, Inc. Please take the time you need to read and understand these Terms before using our Services, because by accessing, viewing or using any of the Services (including, for example, this Website), you are agreeing to be legally bound by these Terms. To be clear: Every time you access or use the Services, you agree to be bound by these Terms, regardless of whether you register with us. If you do not agree to be bound by all of these Terms, you may not access or use the Service. Any future release, update, or other addition to functionality of this Website or Services shall be subject to these Terms.
Please also read our Privacy Policy, which governs certain aspects of your use of the Services and how we treat information you provide to us or we gather through your accessing of the Services and is made a part of these Terms by this reference.
1. KEY INFORMATION & DISCLAIMERS:
1.1 Assumption of Risk: Your use of our Services shall be solely at your own risk. You acknowledge and agree that Your Previsit has no liability for any damages or injuries resulting from your use of our platform or any engagement and interaction with another user (Patient User or Provider) through the use of our Services. You acknowledge and agree that Your Previsit does not have an obligation or duty to request, require, verify, or confirm that any user of our Services including, without limitation, any Provider, has a valid and current state or local trade or professional license to perform the services for which you consult them or meet any background or conduct standard. Your Previsit does not make any attempt to verify the statements, videos, or information shared by users of the website or to review or verify any users’ credentials or history. Your Previsit, and its owners, officers, directors, employees, and agents explicitly disclaim any warranties of merchantability, fitness for a particular purpose; any warranties arising out of course of dealing or usage of or in trade; and any warranties, representations, or guarantees in connection with this Website or the Services. You further acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising from your access to and use of our Services and Website, including retaining or consulting a Provider or relying on any information shared by any Provider, or performing any healthcare for any Patient, remains solely with you and that Your Previsit will have no liability to you related thereto.
Your Previsit makes no warranties, representations, or guarantees that (i) the Services will be uninterrupted, secure, or error free; (ii) that your use of the Services will meet your expectations; or that the Services, Our Content (as defined below), any User Content (as defined below) is accurate, trustworthy, or reliable. If any applicable law prohibits us to any extent from enforcing the disclaimer of express or implied warranties set forth herein, then, only to the extent of such prohibition, we grant the minimum warranty required by such law. No statement, document, or other communication, oral or written, will create any warranty, representation or guarantee not expressly set forth herein.
1.2 Your Previsit is Only a Platform: Your Previsit makes no guarantees or endorsements. Your Previsit is not a party to any healthcare service provided and does not itself offer to perform any healthcare service. Your Previsit is a platform only and is operated for the sole purpose of bringing together Patient Users with Providers to facilitate their sharing information. Your Previsit does not intervene in any transaction between any Patient User and any Provider. Your Previsit makes no guarantees, warranties, or representations regarding the skills or experience of the Provider or the quality of the healthcare service that the Provider may perform for you. Your Previsit does not endorse or recommend the services of any particular Provider and we do not independently verify their representations about their services, nor do we validate any reviews. It is the sole responsibility of the Patient Users to evaluate the Providers and their qualifications to perform the healthcare service. Your Previsit does not guarantee or warrant any Provider’s performance of the healthcare service or the outcome or quality of the healthcare services performed. The Providers are not employees or agents of Your Previsit. Your Previsit is not an agent or representative of any Provider or any Patient User. Your Previsit does not guarantee the suitability or safety of any healthcare service. It is solely the Provider’s responsibility to determine whether each healthcare service is safe and does not violate any law, regulation, or local ordinance. Your Previsit further disclaims any liability for damages or injuries to person or property resulting from the Providers or the Patients’ actions, failures to act, or omissions, whether intentional, negligent, or otherwise. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOUR PREVISIT IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR PROVIDER. YOUR PREVISIT DOES NOT CONDUCT BACKGROUND CHECKS ON ITS USERS OR PROVIDERS OR OTHERWISE SCREEN OR EVALUATE USERS OR PROVIDERS. In no event shall Your Previsit, its executives, employees, affiliates or partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service including, without limitation, death, bodily injury, emotional distress, or any other damages resulting from healthcare service performance, communications or meetings with other users or persons you meet through the service. You agree to take all necessary precautions in all interactions with other users, particularly at the point at which you communicate and interact outside of our Services or meet in person to undertake a healthcare service. Except as part of a legitimate health care transaction, separate from our Services, you should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users. You acknowledge and accept that Your Previsit is not a covered entity as such term is defined by the Health Insurance Portability and Accountability Act (“HIPAA”) and is therefore not subject to HIPAA’s information sharing, protection, or storage requirements. Notwithstanding the foregoing, Your Previsit does not collect or store any protected health information as defined in HIPAA except to the extent that demographic, identifying, and contact information overlaps with such protected health information, and Your Previsit stores and protects your information as set forth in our Privacy Policy. Within 45 days of any users termination of its registration or subscription with us, Your Previsit will delete or destroy any personally identifying information of each Patient User associated with the termination, except to the extent we are required by law to retain such information.
1.3 Subscriptions: Subscriptions to our Services are available to some users. Such users may choose from different subscription plans based on usage needs. Specific details about pricing, features, and limits are provided during the sign-up process and on our Website. If you subscribe to our Services for a specific period of time (the “Initial Term”), upon the expiration of any subscription period, your subscription will be automatically renewed for additional periods of the same duration as the Initial Term at our then-current fee for such services, unless you cancel your subscription prior to such renewal. You authorized Your Previsit to charge your payment method for renewal unless you cancel prior to such renewal. Notwithstanding the foregoing, you may cancel your subscription and request a refund at any time prior to midnight of the third business day following the date on which you subscribed.
1.4 Disputes & Arbitration: Section 6 of these Terms contains provisions governing how disputes that you and Your Previsit have with each other must be resolved, specifically by arbitration. By accepting these Terms, you agree to the arbitration agreement contained in that section that requires disputes to be submitted to binding and final arbitration except as legally prohibited. You have a right to opt out of the arbitration agreement pursuant to Section 6 below. If you do not opt out of the arbitration agreement in accordance with Section 6, you will only be permitted to pursue claims and seek relief against us on an individual basis only; and you are waiving your right to seek relief in a court of law and to have a jury trial on your claims.
2. BASIC RULES FOR USING OUR SERVICES:
2.1 Eligibility & Authorization to Use Our Services: By using our Services, you represent that you are at least 18 years old and are fully able and competent to enter into this electronic contract, including the terms, conditions, representations and warranties set forth in these Terms. If you are not at least 18 years old, you may not legally access, visit, or use the Service without the express permission of a guardian who is at least 18 years of age and agrees to these Terms . Additionally, you represent that you have the capacity to be bound by the agreements in these Terms, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with these Terms, we may monitor your access and use of our Services in accordance with our Privacy Policy.
2.2 Description of Our Services: Your Previsit is an information-sharing platform that connects Patient Users in need of healthcare services with Providers that seek to share detailed information to streamline the patient on-boarding and preparation processes in advance of health care appointments. Patient Users can use the Service to access the information shared by their specific Provider and each Provider can confirm that information has been accessed by specific Patient Users.
2.3. Your Previsit is only a Platform: Your Previsit is a platform for connecting Patients and Providers and is not a party to any healthcare service between a Patient and Provider. The Services include (i) Your Previsit’s systems, procedures, processes, and technologies, and (ii) any software, applications, data, reports, and other content made available by or on behalf of Your Previsit. The Service does not include User Content (as defined below) or any software application or service that is provided by any user or a third party, which you use in connection with the Services or in connection with any healthcare service. Disputes regarding payment for healthcare services are solely between Providers and Patient Users; Your Previsit has no responsibility for resolving such disputes and has no liability related thereto.
2.4. Transferability and Right to Access: Your right to access and use our Services is personal to you and you may not transfer this right to any other person or entity. Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to these Terms and our Privacy Policy. Any of your actions that we believe, in our sole discretion, (i) violates these Terms or the Privacy Policy or any applicable law, regulation, or ordinance; (ii) restricts, inhibits, or prevents any access, use, or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends, or threatens any person or party shall not be permitted, and may result in your loss of the right to access and use our Services.
2.5 Trade and Professional Licenses: For Patient Users: Your Previsit does not require any Provider to produce any applicable or required state and/or local trade or professional licensed to perform the services for which you may consult them. We recommend you request that the Provider produce a valid and current trade or professional license appropriate for the healthcare service to be performed and that you confirm these licensing credentials with the applicable state and local licensing authorities before proceeding with your healthcare appointment.
2.6 Healthcare Service Information: Providers are responsible to ensure that all healthcare service information describes the healthcare services to be performed accurately. Your Previsit has no obligation or ability to monitor or edit any healthcare service information and neither Patient Users nor Providers will have any right of action against Your Previsit related to the contents of any such information. Notwithstanding the foregoing, Your Previsit reserves the right to remove any healthcare service information if it believes in good faith that such information includes content that is inaccurate, harmful, dangerous, illegal, or otherwise violates these Terms or our standards of conduct.
2.7 Payment: You can access and use our Services only as a user, either a Provider or a Patient User. Your Previsit offers Patient Users access to the Services free of charge. For Providers, payment in advance is required to activate each Provider’s subscription to the Services. If at any point a Provider’s payment method is unsuccessful or that Provider otherwise fails to make a payment when due, that Provider’s subscription may be cancelled. Invoices and payments for particular healthcare services are solely between the Providers and Patient Users involved in such healthcare service; Your Previsit has no role and no liability related to such invoices or payments.
2.8 Restrictions: The rights granted to you in these Terms are subject to the following restrictions: (i) you may not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Services; (ii) you may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website or Services; (iii) you may not access the Website or Services in order to build a similar Website or Services or to compete with Your Previsit; and (iv) except as expressly stated herein, no part of the Website or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Further, you agree that you will not use any automated or other data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor our Services or for any other purpose. Additionally, you agree that you will not: (i) take any action that imposes an unreasonable demand on our system; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your own User Content) from our Services; (iii) interfere or attempt to interfere with the proper working of our Services; (iv) bypass any tools we use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any disruptive, damaging or destructive computer code. Except as expressly permitted in these Terms, you may not collect or harvest any personally identifiable information, including account names, from our Services. You may not use any communication systems provided on our Services (such as Our Content, User Content, and email) for any commercial or solicitation purpose. Except in connection with a healthcare service, you may not solicit for commercial purposes or otherwise any users of our Services without our prior written permission.
2.9 Accounts and Registration: To access the Service you will be required to register for an account. When you register for an account, you will be required to provide us with some information about yourself (such as your physical address, e-mail address, mobile phone number or other contact information), some of which may be of a confidential nature and may include personal identifying information or financial information (collectively “Your Information”). When you provide Your Information to us, you agree to provide true, current, complete, and accurate information, and not to misrepresent your identity or otherwise provide false or misleading information. You also agree to keep Your Information current and to update Your Information if any of Your Information changes. Our collection, use, and disclosure of Your Information are governed by these Terms and our Privacy Policy, available here. The Privacy Policy explains how we treat your personal information and protect your privacy when you use the Services. You agree to the use of your data and information in connection with our Services only in accordance with our Privacy Policy. If you have been issued an account by Your Previsit in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You are solely responsible for any activity occurring in your account, regardless of whether you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Your Previsit immediately. You may not share your account and only one individual may use any given account. Your Previsit occasionally sends notices to the email address registered with your account. It is your responsibility to keep your email address and, where applicable, your contact details and any payment details associated with your account current and accurate. If your payment details are not accurate when payment is due, Your Previsit may suspend or terminate your account.
2.10 Electronic Transactions & Communications: Your use of the services includes your consent to enter into agreements with us, including these Terms and to undertake transactions electronically including, without limitation, payments, purchases, and other financial transactions. You acknowledge that by electronically consenting, including by using our Services and registering for an account, you agree and intend to be bound by such agreements and in such transactions. Your agreement and intent to be bound to electronic agreements applies to all records relating to all transactions you enter into on this site, including in application purchases, financial transactions, notices of cancellation, policies, contracts, and applications. In order to access and retain your own records of such electronic agreements and transactions, you might have to use computer equipment and software, which are your sole responsibility. When you use our Services or send email messages to us, you are communicating with us electronically. You consent to receive communications from us electronically and accept the validity of any such communications. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our App or Website.
3. CONTENT OF OUR SERVICES AND OUR WEBSITE:
3.1 User Content: Our Services include the core healthcare service information sharing platform and may additionally include publicly accessible areas for other information and listings, message boards, forums, member profiles or other features that allow users to post User Content (as the term is defined below) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that Your Previsit shall not, under any circumstances, be liable in any way for any User Content including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available by the Services in any manner or method. These Terms prohibit certain activities and actions regarding the submission of User Content; however, you agree that Your Previsit does not make any representation or warranty that the User Content you may encounter through your use of the Services complies with these acceptable use provisions contained in the “User Content Rights and Responsibilities” section below. These Terms do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these acceptable use provisions. Your Previsit reserves the right, but is under no affirmative obligation, to (i) review or screen any User Content submitted to the Website or otherwise submitted through the Services; (ii) edit any User Content posted on the Services; and/or (iii) remove any User Content from the Services for any reason, at any time, without prior notice, at our sole discretion. Your Previsit will have no liability or responsibility to users of Your Previsit Services or any other person or entity for performance or nonperformance of such activities. Your Previsit enforcement of the acceptable use provisions set forth in these Terms with respect to User Content in some instances does not constitute a waiver of our right to enforce such provisions in other instances involving similar content.
3.2 User Content Rights and Related Responsibilities: “User Content” means, without limitation, healthcare service information and descriptions, messages, texts, digital files, images, photos, artwork, videos, audio, comments, feedback, suggestions, reviews and documents, and any other content users upload, transmit or otherwise make available to Your Previsit and its users, either Providers or Patient Users, via the Services. By submitting User Content on or through the Services, you grant Your Previsit a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in connection with providing the Services or operating our business . In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store and copy User Content in order to provide our Services. Your acceptance of these Terms gives us the permission to do so and grants us any such rights necessary to provide the Service to you. You agree that any User Content you submit to our Service may be viewed by other users and persons visiting or participating in the Service. Your Previsit expressly disclaims any liability for the loss or damage to any User Content or any losses or damages you incur as a result of the loss or damage of any User Content. It is your responsibility to back-up any User Content to prevent its loss. You are solely responsible for your User Content, including, without limitation, healthcare service listings and healthcare service descriptions, reviews, comments, and feedback. Your Previsit may remove any User Content at any time at its sole discretion and without responsibility or liability to you. We are not responsible for the authenticity, accuracy, appropriateness, or legality of User Content. You represent and warrant that all information that you submit is authentic, accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading, or false. You agree to use our Services and the Content (whether provided by us or others), as well as any Software provided in connection with the Services, only in a manner consistent with all applicable laws and regulations. You agree not to post any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material. Further, by way of example only and without limitation, you may not (i) post healthcare services that encourage or facilitate illegal activity; (ii) impersonate any person or entity; (iii) stalk, harass, defame, abuse, bully, threaten or otherwise violate the legal rights of others; (iv) promote information that is false or misleading; (v) inspire or promote illegal activities or conduct that is defamatory, libelous, or otherwise objectionable; (vi) inspire or promote violence, racism, bigotry, hatred, or physical harm of any kind against any group or individual; (vii) submit any content or information that exploits or could be used to exploit minors or that depicts or relates to cruelty to animals; (viii)solicit personal information from anyone under the age of 18; (ix) solicit money from other users for any purpose other than those related to a legitimate healthcare service; (x) use the service in an illegal manner or to commit an illegal act; (xi) transmit any material that contains any computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware; (xii) transmit any content that contains video, audio, or images of another person without his or her permission or that of such person’s legal guardian if he or she has one; (xiii) promote material that exploits people in a sexual, pornographic, or violent manner; (xiv) provide instructional information about illegal activities; (xv) infringe any intellectual property rights; (xvi) promote commercial activities not directly related to a healthcare service; (xvii) alter the opinions or comments posted by others. You are solely responsible for your User Content, and by submitting User Content, you represent and warrant that you are fully authorized and entitled to do so.
3.3 Proprietary and Intellectual Property Rights: All rights, title, and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Your Previsit. Your Previsit owns and reserves all right, title and interest in and to the Services and all hardware, software, and other items used to provide the Services, other than the rights explicitly granted to you to use the Service in accordance with these Terms. No title to or ownership of any proprietary rights related to our Services is transferred to you pursuant to these Terms or otherwise. All rights not explicitly granted to you are reserved by Your Previsit. Your Previsit names, marks, logos, graphics, videos, and Website layout and content are our trademarks or trade dress (our “Marks”). You may not use our Marks without our prior written permission. Any third-party names, trademarks, and service marks are property of their respective owners. The information, advice, data, software, and content viewable on, contained in, or downloadable from our Services (collectively, “Our Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, line art, icons, and renditions, are copyrighted by, or otherwise licensed to us or our content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the “Collective Work”). All software used on or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software. You are solely responsible for any damages resulting from your infringement of our or any third-party’s intellectual property rights or any other harm incurred by us or our affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing, or using the same for purposes that are contrary to the terms and conditions of these Terms. We grant you a limited license to access, print, download or otherwise make personal use of Our Content and the Collective Work provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing. You may not modify Our Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content or the Collective Work to another person or entity. Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication, or use, other than the non-commercial use of Our Content and the Collective Work as permitted by these Terms, is permitted without our prior written permission.
We reserve the right to remove any User Content on the Services which allegedly infringes another person’s copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringes another person’s copyright.
So that we can prevent the use of your User Content without your consent by other users or third parties outside of Your Previsit, you authorize us to act on your behalf with respect to such infringing or unauthorized uses. This expressly includes the authority, but not the obligation, for us to send cease and desist or removal notices on your behalf if your User Content is taken and used outside of Your Previsit.
4. SOFTWARE USED IN OR IN CONNECTION WITH OUR SERVICES:
4.1 Our Software: You must accept our license terms to use any of our software. Such license terms are either offered separately upon your use of the software, if no separate license terms are offered to you upon your use of the software, these Terms will apply. We reserve all other rights to the Software. Any license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Your Previsit, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software. We may automatically check your version of the Software. We may also automatically download to your device or computer new versions of our software. Any software we provide is licensed to you, not sold to you. Unless we notify you otherwise, the software license ends when your cease using the Services, by choice or otherwise. You must then promptly uninstall our software, or we may disable it. You agree to comply with all domestic and international export laws and regulations that apply to our software and our Services, which laws include restrictions on destinations, end users, and end use. You represent and warrant that you are not on any of the exclusion lists maintained by the United States Government or any other government under the jurisdiction of which you fall, and that you are not under the control of or acting as an agent of anyone on any such list. Our software may include or make use of open source software about which we make no representations or warranties.
4.2 Third Party Links, Software, Services, and Content: our Services may contain features and functionalities using, linking to, or providing access to third party software, services or content, including websites, directories, servers, networks, systems, information and databases, applications, programs, products or services, and the internet generally. Because we have no control over such content, software, sites, or resources, Your Previsit is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. When you visit or use a third party’s website you agree to read and consent to the third party’s terms and conditions and privacy policy and you release us from any liability.
4.3 Upgrades: Your Previsit may issue upgrade versions of any software or any other part of our Services and you consent to receiving automatic upgrades on your mobile device or other computing device. You also acknowledge and agree that standard carrier data charges may apply to your use of our mobile App or other services.
4.4 Security: Violating the security of our Website, our App, or the Services generally is prohibited and may result in criminal and civil liability. Your Previsit may investigate incidents involving such violations or apparent violations and will cooperate with law enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Services, our App, or our Website or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
4.5 Interruption & Modification of Services & Website: Suspension, interruption, or discontinuance of your access and use of our Services may be for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue your account or the availability of our Services or any portion or feature of our Services at any time in our sole discretion and without prior notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the site or Services or any part thereof. Any modifications and new features added to the Services are also subject to these Terms. Your Previsit reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you.
5. WARRANTIES, LIMITATIONS OF LIABILITY, INDEMNIFICATION, & WAIVER OF CLAIMS:
5.1. Warranties: Our content and all services and products associated with our services are provided to you on an “as-is” basis and an “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation or availability of our services or the information, content, materials, products, or services included on or associated with our services. You expressly agree that your use of our services and all products and services included on or associated with our services is at your sole risk. We do not make, and expressly disclaim, any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the content or the services, the healthcare services posted to the service, the products associated with our services, the qualification of the Provider to perform a healthcare service or the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the content or the services and products associated with our services. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the content, the services, the healthcare services, the qualification of the Provider to perform a healthcare service and products associated with our services. We make no representation, warranty, or guarantee that the content that may be available for downloading from our services is free of infection from any viruses, malicious software or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. We do not make any representations, warranties, or guarantees, express or implied, regarding any information or offers provided on or through our services. We disclaim any responsibility for the deletion, failure to store, miss delivery, or untimely delivery of any content, information, or material. We disclaim any warranties regarding the security, reliability, timeliness, and performance of the services. You understand and agree that you download or otherwise obtain material or data through the use of the Service at your own discretion and risk and that you will be solely responsible for any damages to your computer system or mobile device or loss of data that results from the download of such material or data. We make no representations that our services are appropriate or available for use in any jurisdictions. When you access or use our services from a jurisdiction, then you do so by your own volition and are solely responsible for compliance with, federal, state, and local law. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
5.2 Limitations of Liability: In no event will Your Previsit be responsible to, or liable to, you, or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your access and use of our Services; (ii) your breach or violation of the terms and conditions of these Terms; (iii) your use of any merchandise or property offered through our service, (iv) your delay in accessing or inability to access or use our services for any reason; (v) your downloading of any of our content or the collective work for your use; (vi) your reliance upon or use of our content or the collective work, or (vii) any digital data, images, photos, artwork, videos, audio, documents, information, software, products or services obtained through our services, or otherwise arising out of the use of our services, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if we and/or our suppliers had been advised of the possibility of damages. This limitation shall also apply with respect to damages incurred by reason of other services, merchandise or goods received through or advertised on the website or received through any links provided in the website service, as well as by reason of any information or advice received through or advertised on the website or received through any links provided in the website service. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. Our liability and the liability of our affiliates, directors, officers, employees, independent contractors, shareholders, representatives, and agents arising out of these Terms shall not exceed the total amount of fees actually paid by you through the service, or if you have not paid any fees, one hundred US dollars. You specifically acknowledge that we shall not be liable for user generated content or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from such user generated content and third-party conduct rests entirely with you. We agree that any cause of action arising out of or related to our services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Certain state or jurisdictional laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Notwithstanding the foregoing, you agree to, and hereby do, release Your Previsit and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of our Services. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Your Previsit or for fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with our provision of the Services.
5.3 Indemnification: You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless Your Previsit and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your use of any merchandise offered through our service; (iii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iv) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (v) any disputes or issues between you and any other user or third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. If you are using our Services on behalf of a business, that business accepts these terms and will hold harmless and indemnify Your Previsit and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
5.4 Releases: By using our Services, our Website, or our App, you release, to the maximum extent allowed by law, Your Previsit, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected, and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services, the performance of the healthcare service through the Service, and any transaction effected through the Service. In the event that you have a dispute with any party including, but not limited to, a Patient or a Provider, or otherwise related to the Service, you release, to the maximum extent allowed by law, Your Previsit, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. In connection with all of the releases, representations and warranties you are providing by accepting these Terms, you waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Your Previsit or for fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with our provision of the Services. You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms.
5.4 Waiver: You expressly waive any and all legal claims against Your Previsit for use of the Service. Any claims arising out of the use of the Services will solely be against the other user or users involved.
6. DISPUTE RESOLUTION & ARBITRATION AGREEMENT:
6.1 Dispute Resolution Generally: All disputes between you and Your Previsit must be resolved in accordance with this section. Please read carefully subsections 6.2 through 6.13, inclusive (collective the “Arbitration Agreement”). Unless you opt out in the manner described in subsection 6.10 below, this Arbitration Agreement requires you and Your Previsit to resolve disputes by binding arbitration instead of in a court of law or equity, and limits the manner in which we may seek relief from each other.
6.2 Applicability: This Arbitration Agreement applies to any disputes or claims of any kind at all (regardless of whether they are based in contract, tort, fraud, misrepresentation or any other legal or equitable theory) between you and Your Previsit arising out of or relating to the Terms, prior versions of the Terms, your use of our Services, or any other aspect of your relationship with Your Previsit, including claims or disputes arising before the effective date of these Terms or any update hereto (excluding claims actually brought before such effective date). This Arbitration Agreement requires that such disputes or claims will be resolved by binding arbitration, rather than in court, except that you or Your Previsit may assert individual claims in small claims court if such claims qualify therefor and that you or Your Previsit may seek equitable relief in court for infringement or misuse of intellectual property rights. Notwithstanding the foregoing, this Arbitration Agreement will also not apply to the extent any state or federal statute or other law disallows arbitration of the underlying dispute or claim.
6.3 Notice of Dispute and Informal Resolution: Before beginning the arbitration process, you and Your Previsit agree to first notify one another of the dispute in writing at least 60 days in advance of starting the arbitration process (as set forth below). Notice to Your Previsit must be sent by letter to Your Previsit, Inc., 11120 E. Ocean Air Dr., Ste. B-101-20, San Diego, CA 92130, and must provide your name, current email address, mailing address, and telephone number, as well as the name, email address, and telephone number associated with your Your Previsit account (if different from your current information); and describe the nature of the claim and the specific relief or remedy sought. You and Your Previsit agree to meet and discuss, via teleconference or videoconference, to try to informally resolve any claim or dispute covered by this Arbitration Agreement. If either you are represented by counsel or we are, that counsel may participate in the informal dispute resolution conference. Before, during, or after this process, before arbitration begins, either party may make an offer of judgment.
All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the informal dispute resolution process.
The informal dispute resolution conference shall occur within 60 days of receipt of the written notice described above, unless an extension is mutually agreed upon. If, after participating in that conference, the parties are unable to resolve the dispute, the party making a claim may commence an arbitration in accordance with this Agreement. Completion of this informal dispute resolution process first is a precondition to filing any demand for arbitration. Failure to do so is a breach of this Agreement, and no demand for arbitration shall be valid unless such written notice is provided and good faith discussions have been conducted.
Any statute of limitations will be tolled (temporarily suspended) while you and Your Previsit engage in the informal dispute resolution process described in this section, but applicable statutes of limitation will otherwise apply to all claims and actions related to these Terms or our relationship with you.
6.4 Starting the Arbitration Process: If you and Your Previsit are unable to resolve the dispute as described above, either party may proceed to file a claim for arbitration. To begin the arbitration process, you or Your Previsit must submit notice by certified mail of the claim with an individualized arbitration demand. To be valid, the demand must contain the name of the claiming party (you or Your Previsit), your mailing address, the email address or phone number associated with your Your Previsit account (if applicable), and a detailed description of the dispute and the relief sought. Notice to Your Previsit must be submitted to Your Previsit, Inc., 11120 E. Ocean Air Dr., Ste. B-101-20, San Diego, CA 92130.
6.5 Rules Of Arbitration: The Federal Arbitration Act (“FAA”) governs this Arbitration Agreement and applies to the interpretation and enforcement of this Arbitration Agreement. If the FAA is found to not apply to any issue related to this Arbitration Agreement or the underlying arbitration, that that issue shall be determined by California law, without regard to its choice-of-law principles. The arbitration provider will be the American Arbitration Association. If AAA is not able to arbitrate where you reside or is otherwise unavailable, the parties will select an alternative arbitral forum. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will, pursuant to 9 U.S.C. § 5a, ask a court of competent jurisdiction to appoint an arbitrator that is able to administer the arbitration consistent with the rules, procedures, and terms of this Arbitration Agreement. This Arbitration Agreement will govern to the extent it conflicts with the arbitration provider’s rules. The initiating party must pay all filing fees for the arbitration. Your and Your Previsit’s responsibility to pay other administrative and arbitrator costs will be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claiming party is responsible for reimbursing the respondent for its portion of all such administrative, hearing, and/or other fees incurred as a result of the frivolous claim. Depending on your financial situation, you may qualify for a waiver of certain arbitration costs under the applicable arbitration provider’s rules or other applicable law. If you meet the financial standard for proceeding in forma pauperis in federal court, California state court, or the courts of the jurisdiction in which you reside, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, Your Previsit will pay the filing fees for you.
6.6 Binding Decisions: The arbitrator has the exclusive authority to resolve any and all threshold issues of whether a matter may be arbitrated, including whether this Arbitration Agreement is applicable. Courts, however, shall have the exclusive authority to determine (i) whether any provision of this Arbitration Agreement should be severed and the consequences of said severing, (ii) enforceability of any or all of the mass arbitration procedures or decisions, (iii) whether you and we have complied with preconditions to arbitration, and (iv) whether an arbitration provider is available to hear the arbitration under subsection 6.4, in the event of any dispute over any such matter. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief that a judge in a court of law would have. The award of the arbitrator is final and binding on you and on Your Previsit.
6.7 No Jury Trials: By agreeing to arbitration, YOU AND YOUR PREVISIT ARE EACH WAIVING THEIR RIGHTS TO A JURY TRIAL. Instead, you and Your Previsit are choosing to have all claims and disputes resolved by arbitration under this Arbitration Agreement, except as described in subsection 6.1. An arbitrator can award the same damages and relief as a court and must follow this Agreement as a court would. There is, however, no judge or jury in arbitration, and court review of an arbitration award is available and appropriate only in very limited circumstances.
6.8 No Group or Class Actions: All claims and disputes within the scope of this Arbitration Agreement MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, AND YOU AND YOUR PREVISIT GIVE UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER CLASS PROCEEDING WITH RELATION TO EACH OTHER. This prohibition will not, however, preclude the use of bellwether arbitrations, global mediation, or batch arbitrations, nor will it preclude the application of the arbitration provider’s fee schedules for mass arbitrations, as applicable. Only relief that would be permitted in an individual lawsuit is available, and claims of more than one user cannot be arbitrated or consolidated with those of any other user. The arbitration proceeding may not be consolidated with any other matters or joined with any other cases or parties. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration. All other claims shall be arbitrated. This subsection does not prevent you or Your Previsit from participating in a class-wide settlement of claims. NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION OF THIS ARBITRATION AGREEMENT OR THE TERMS, YOU MAY BRING AND WE MAY BRING CLAIMS (VIA ARBITRATION OR OTHERWISE) AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
6.9 Offer of Judgment. At least 14 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain an award that is more favorable than the offer, the other party will not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
6.10 Opt-Out. Updates to Your Previsit’s Terms do not provide a new opportunity to opt out of arbitration if you previously agreed to a prior version of our Terms containing an arbitration provision and did not validly opt out of arbitration at that time. Subject to the foregoing, you may opt out of this Arbitration Agreement by sending written notice of your decision to opt out to: support@yourprevisit.com within 60 days after first becoming subject to this Arbitration Agreement, which occurs upon your first use or access of this Website, our Services, or any other acceptance of these Terms. Your notice must include your name, your username with us (if any), the email address or phone number you used to set up your account with us (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Terms and any other agreements between you and Your Previsit will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
6.12 Severability: If any part or parts of this Arbitration Agreement are found to be invalid or unenforceable under applicable law, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. If a legal authority determines that any of the provisions in this Arbitration Agreement is invalid or unenforceable because it would prevent the exercise of a non-waivable right to injunctive relief, then any dispute regarding such relief will be severed from arbitration and, only as to such relief, may be litigated in court.
6.13 Survival of Agreement: The terms of this Arbitration Agreement will continue to be in effect, even after your account has been closed, your access to our Services has expired or been canceled, or your relationship with Your Previsit has otherwise ended.
7. MISCELLANEOUS PROVISIONS:
7.1 Notice: You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7.2 Amendments to these Terms: We reserve the right to update, amend and/or change these Terms at any time in our sole discretion and without notice. Updates to these Terms will be posted on this webpage. Amendments will take effect immediately upon us posting the updated Terms on our Services. You are encouraged to revisit these Terms from time to time in order to review any changes that have been made. The date on which these Terms were last updated will be noted at the top of this webpage. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
7.3 Severability: If any portion of these Terms of Use are deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, the Terms of Use as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Use that are unlawful, void or unenforceable shall be stricken from these Terms of Use.
7.4 No Waiver: Our failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
7.5 Survival: All agreements, representations, and warranties made in these Terms, as may be amended by us from time to time, shall survive the expiration or termination of these terms to the extent necessary to effect their purposes.
7.6 Agreement: By accessing or using the Services, you acknowledge that you have read and understood these Terms and that you agree to them in full.
7.7 Questions & Comments: If you have questions, comments, concerns or feedback regarding these Terms or our Services, please contact us at support@yourprevisit.com or at Your Previsit, Inc., 11120 E. Ocean Air Dr., Ste. B-101-20, San Diego, CA 92130.
