Terms of Service

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIAL. PLEASE READ IT CAREFULLY BEFORE AGREEING.
Last updated: 01/10/2020
SyncHealth Inc. d/b/a AwareHealth (hereinafter “SyncHealth,” “we” or “us”) provides this website (the “Site”), the application (the “Application”), and the associated data, services, information, tools, functionality, updates and similar materials delivered or provided by us (collectively, the “Service”), subject to your agreement to and compliance with the conditions set forth in this Terms of Service agreement (the “Agreement”).This Agreement sets forth the legally binding terms and conditions governing your use of the Service. By using the Service or otherwise entering into this Agreement, you are creating a binding contract with us. If you do not agree to these terms and conditions, you may not use the Service.This Agreement is subject to change. If this Agreement changes, we will let you know by posting the revised Agreement on the Service and/or otherwise making you aware of the changes. Your continued use of the Service following our notice of changes to this Agreement (or other acceptance method) means you accept such changes. Please refer to the “Last updated” date above to see when this Agreement was last updated.LicenseAs long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to access, receive and use the Service. No rights not explicitly listed are granted.
Incorporated TermsThe following additional terms are incorporated into this Agreement as if fully set forth herein:User Safety Policy and Community GuidelinesPrivacy Policy
Copyright Policy – see belowComplaint Policy (including Trademark and Privacy) – see belowPlatform OverviewAmong other functionality, the Service provides users access to wellbeing and emotional support resources, and connects users to other users to provide and receive peer support, all via the Application. Employers (“Employers”) may subscribe to the Service and provide credentials for the Application to its employees and organizations (“Organizations”) may subscribe to the Service and provide credentials for the Application to its members who may download the Application for their personal use. Users on the Application may be employees of Employers (“Employee Users”), members of organizations (“Member Users”) or health care providers or mental health professionals (“Professional Users”) (Employers, Organizations, Employee Users, Member Users and Professional Users, are collectively referred to as “Users” or “you”). When used in this Agreement, “you” shall refer to the User individually, as well as in their capacity as an agent or representative of any business or entity that such User represents, if any.
EligibilityYou must be at least eighteen (18) years old to use the Service as a User. By using the Service, you represent that you meet the applicable minimum age requirement.Some parts or all of the Service may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend or eliminate these eligibility requirements at any time.By requesting to use, registering to use and/or using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:If you are a Professional User, you are permitted to legally work within the United States;If you are a Professional User, you and the business or entity you represent on the Service, are licensed and qualified to (i) provide any services that you may render on the Service, and (ii) post, upload, communicate with other users about, and make decisions based upon, the materials or information that you make available, or that is otherwise available on, the Service, as required by applicable law, regulation and best industry standards;If you are an Employee User or Member User, you are qualified to post, upload, communicate with other users about, and make decisions based upon, the materials or information that you make available, or that is otherwise available on, the Service, as required by applicable law, regulation and best industry standards; andYou are not a competitor of SyncHealth.
IMPORTANT NOTICESIF YOU ARE THINKING ABOUT SUICIDE OR SELF HARM, IF YOU FEEL THAT YOU MAY BE A DANGER TO OTHERS, OR IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 911 AND NOTIFY EMERGENCY SERVICES.We do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that Users will be able to access or use the Service, or its features, at all times. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.The Service may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.WE DO NOT PROVIDE ANY OF THE SERVICES BEING RENDERED BY PROFESSIONAL USERS (THE “PROFESSIONAL USER SERVICES”). OUR SERVICE IS LIMITED TO A MEANS OF COMMUNICATING AND COORDINATING WITH OTHER PARTIES. IF OUR SERVICE IS USED TO COORDINATE THE RENDERING OF PROFESSIONAL USER SERVICES, IT IS UP TO THE PROFESSIONAL USER TO RENDER THEIR PROFESSIONAL USER SERVICES, AND FOR THE EMPLOYEE USER TO DETERMINE THE SUITABILITY OR SAFETY OF SUCH PROFESSIONAL USER SERVICES AND TO FOLLOW THE INSTRUCTIONS GIVEN BY THE PROFESSIONAL USER. PROFESSIONAL USERS ARE SOLELY RESPONSIBLE FOR ESTABLISHING THE PROFESSIONAL  RELATIONSHIP WITH USERS AND FOR PROVISION OF THE PROFESSIONAL USER SERVICES THEREBY. USE OF THE SERVICE DOES NOT CREATE A PROFESSIONAL RELATIONSHIP BETWEEN US AND ANY USER.YOU ACKNOWLEDGE AND AGREE THAT PROFESSIONAL USERS ARE NOT EMPLOYEES, AGENTS OR REPRESENTATIVES OF US, AND WE HAVE NO RESPONSIBILITY OR LIABILITY RELATING TO ANY PROFESSIONAL USER SERVICES OR THE ACTIONS OR CONDUCT OF ANY PROFESSIONAL USER.WE DO NOT REPRESENT OR WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF THE PROFESSIONAL USER SERVICES, OR ANY INFORMATION, CONTENT OR ADVICE PROVIDED THEREBY. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY USER’S RELIANCE ON ANY SUCH INFORMATION, CONTENT OR ADVICE.ALTHOUGH WE MAY ELECT NOT TO INVESTIGATE OR PERFORM BACKGROUND SEARCHES ON PROFESSIONAL USERS OF THE SERVICE, AS A PROFESSIONAL USER, YOU CONSENT TO US CONDUCTING A FULL BACKGROUND SEARCH ON YOU. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT HAVE CONTROL OVER OR ASSUME ANY RESPONSIBILITY FOR THE QUALITY, ACCURACY, OR RELIABILITY OF THE INFORMATION INCLUDED IN ANY SUCH BACKGROUND CHECK. THE RESULTS OF BACKGROUND CHECKS MAY BE SHARED WITH OTHER USERS OF THE SERVICE. NEVERTHELESS, IT IS ULTIMATELY UP TO EACH USER TO ENSURE THEIR OWN SAFETY IN YOUR INTERACTIONS AND MEETINGS WITH OTHER USERS OF THE SERVICE.Any and all claims relating to your satisfaction with any services provided to you by Professional Users shall solely be brought against such Professional Users, and you agree not to include us in any such claim.
Subscriptions, Cancellations and PaymentsEmployers and Organizations may be required to, pay ongoing, self-renewing subscriptions for Employers and their Employee Users or Member Users (as applicable) to access the Service (a “Subscription”). After signing up for a Subscription, Employers and Organizations are responsible for provisioning credentials or otherwise providing access to the Application to their Employee Users or Member Users (as applicable) via their Subscription account. In addition, Professional Users may be required to sign up for Subscription to access the Service. When you sign-up for a Subscription, you will be granted access to the Service for the length of time identified when you sign-up. You will be charged in the amounts and at the times identified in the Subscription you select. We reserve the right to change the applicable Subscription fees or charges and to institute new subscription fees and charges at the end of the current Subscription term, upon thirty  (30) days’ prior notice to you, which may be sent by email or by posting the revised or new fees to the Service.UNLESS YOU CANCEL BEFORE RENEWAL AND EXCEPT WHERE PROHIBITED BY LAW, SUBSCRIPTIONS AUTOMATICALLY RENEW FOR AN ADDITIONAL TERM OF THE SAME LENGTH UPON EXPIRATION. FEES OR CHARGES DURING ANY SUCH RENEWAL TERM SHALL BE THE SAME AS THAT DURING THE PRIOR TERM UNLESS WE HAVE GIVEN YOU NOTICE OF AN INCREASE AS DESCRIBED HEREIN, IN WHICH CASE THE INCREASE SHALL BE EFFECTIVE UPON RENEWAL AND THEREAFTER.YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME, BUT YOU WILL NOT BE ENTITLED TO A REFUND FOR ANY PAST PAYMENTS OR FUTURE PAYMENTS DUE DURING THE REMAINDER OF YOUR CANCELLED TERM. IF YOU CANCEL BEFORE THE END OF YOUR SUBSCRIPTION, YOU WILL BE CHARGED THE ENTIRE REMAINING SUBSCRIPTION FEES AT THAT TIME.TO CANCEL YOUR SUBSCRIPTION, PLEASE LOGIN TO THE SERVICES AND FOLLOW THE INSTRUCTIONS THEREIN OR EMAIL SYNCHEALTH AT admin@getawarehealth.com. FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT WITH THE SUBJECT “CANCEL MY SUBSCRIPTION.”We may invoice you for any amounts due. Invoices shall be billed and must be paid in accordance with the terms and conditions described on the Service.Alternatively, we may use a third-party payment processor (the “Payment Processor”) to bill payments to users. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. You agree to provide us accurate and complete information about you and your chosen payment method (your “Payment Method”), including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, and your address. Verification of information may be required prior to the acknowledgment or completion of any transaction. You authorize us to share such information as well as transaction information with the Payment Processor. As a User purchasing a Subscription, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for such Subscription. You agree to make payment using that selected Payment Method, and you authorize us, through the Payment Processor, to charge your Payment Method at the times and in the amounts associated with such Subscription. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction.For any subscription products, you agree that your license to the Service is not a service, repair or maintenance to real or personal property.The current range of Subscription rates and tiers are available for review on the Service.All transactions are final, and no refunds are available from SyncHealth.
Rules of ConductYour use of the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.Professional Users. If you are selling services that are rendered on the Service, you, individually and on behalf of any business that you represent, if any, represent and warrant that you are duly licensed to sell and/or perform all such services in the jurisdiction that such services will be provided, and that all such services comply with applicable law and will not cause damage or injury to any party or any Users. IT IS A PROFESSIONAL USER’S SOLE OBLIGATION TO ENSURE THE LEGALITY, SUITABILITY AND APPROPRIATENESS OF THEIR SERVICES. PROFESSIONAL USERS ARE SOLELY RESPONSIBLE FOR ESTABLISHING A PROFESSIONAL RELATIONSHIP WITH USERS AND FOR PROVISION OF THE PROFESSIONAL USER SERVICES THEREBY. PROFESSIONAL USERS AGREE TO PROVIDE SERVICES IN ACCORDANCE WITH APPLICABLE INDUSTRY, ETHICAL AND PROFESSIONAL GUIDELINES AND BEST PRACTICES. USERS AGREE THAT WE ARE NOT RESPONSIBLE FOR THE FOREGOING, AND THAT USERS WILL NOT CLAIM THAT WE ARE RESPONSIBLE FOR THE FOREGOING.All Users. You represent and warrant that the information that you have provided on the Service is complete, accurate and true, and agree to update it as necessary.You agree that you will not violate any applicable law or regulation in connection with your use of the Service, including those related to those governing the employer-employee relationship, health care providers, mental health professionals, the Professional User Services, and Professional Users.You agree not to distribute, upload, make available or otherwise publish through the Service any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (collectively “Content”) that:is unlawful or encourages another to engage in anything unlawful;contains a virus or any other similar programs or software which may damage the operation of our or another’s computer;violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party; oris libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.You must keep your user name and password and any other information needed to login to the Service, if applicable, confidential and secure. We are not responsible for any unauthorized access to your account or profile by others.You agree that you will not violate any applicable law or regulation in connection with your use of the Service. You further agree that you will not do any of the following:breach, through the Service, any agreements that you enter into with any third parties;stalk, harass, injure, or harm another individual through the Service;modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Service;interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing;transmit to or make available in connection with the Service any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;attempt to probe, scan or test the vulnerability of a system or network of the Service or to breach security or authentication measures without proper authorization;take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;harvest or collect the email address, contact information, or any other personal information of other users of the Service;use any means to crawl, scrape or collect content from the Service via automated or large group means;make available false, incomplete or misleading information to the Service, or otherwise provide such information to us;impersonate any other person or business;attempt to access or access any portion of the Service that is not public; orattempt to override or override any security measures in place on the Service.In addition, you agree to abide by our User Safety Policy and Community Guidelines.We reserve the right, in our sole discretion, to protect our users from violators and violations of these rules of conduct, including but not limited to restricting your use of the Service, immediately terminating your use of the Service, or terminating your use of the Service by blocking certain IP addresses from accessing the Service. Notwithstanding the foregoing, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.
Content Submitted or Made Available to UsYou are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of any Content. However, in order for us to provide the Service, we need your permission to process, display, reproduce and otherwise use content you make available to us.Therefore, if you choose to submit any Content to the Service, or otherwise make available any Content through the Service, you hereby grant to us a perpetual, irrevocable, transferable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, transmit, distribute, translate and create derivative works from any such Content for purposes of providing the Service, including without limitation distributing part or all of the Content in any media format through any media channels, including but not limited to the right to commercially use the rights of publicity, persona, trademark, image and name of the individuals and entities depicted in such Content.By submitting any Content or Submissions to us you hereby agree, warrant and represent that: (a) the provision of the Content and Submissions is not a violation of any third-party’s rights; (b) all such Submissions and Content are accurate and true; (c) we shall be entitled to use or disclose the Content or Submissions in any way, in accordance with this Agreement, our Privacy Policy and our User Safety Policy and Community Guidelines; and (d) you are not entitled to compensation or attribution from us in exchange for the Submissions or Content.You acknowledge that we are under no obligation to maintain the Service, or any information, materials, Submissions, Content or other matter you submit, post or make available to or on the Service. We reserve the right to withhold, remove and or discard any such material at any time.
Our Intellectual PropertyOur graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.You acknowledge that the software used to provide the Service, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain our sole and exclusive property or that of our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.
Data Collection and UseYou understand and agree that our Privacy Policy shall govern the collection and use of data obtained by us through your use of the Service.
Enforcement and TerminationWe reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time. Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law.All grants of any rights from you to us related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.
Third Party LinksThe Service may contain links. Such links are provided for informational purposes only, and we do not endorse any website or services through the provision of such a link.The Service may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third-parties. We do not endorse any third party content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited by us.
PublicityIf an Employer, Organization or Professional User, you acknowledge and agree that we may make public the execution of this Agreement or your use of the Service for marketing purposes. You agree that we may include your name, logo, and image and likeness (if applicable) on the Site, a list of our customers and in other marketing materials, which may be made public, and grant to us an irrevocable, perpetual, worldwide, royalty free, freely assignable and transferable license to your name, logo, and image and likeness (if applicable) to do so.
DISCLAIMERS AND LIMITATION ON LIABILITY EXCEPT WHERE NOT PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AND WE, AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.FURTHER, OPINIONS, ADVICE, STATEMENTS, OFFERS, SUBMISSIONS OR OTHER INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICE, BUT NOT DIRECTLY BY US, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT BE RELIED UPON. WE HAVE NO CONTROL OVER THE QUALITY, SAFETY, OR LEGALITY OF SUCH CONTENT, AND MAKE NO REPRESENTATIONS ABOUT SUCH CONTENT. THE RESPECTIVE AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS THAT YOU MAKE BASED UPON SUCH CONTENT.THE SERVICE IS INTENDED TO BE USED FOR COMMUNICATION PURPOSES ONLY. THE SERVICES HAVE NOT BEEN FDA APPROVED AS A MEDICAL DEVICE, AND ARE NOT INTENDED TO BE USED FOR MEDICAL PURPOSES, INCLUDING USE IN THE DIAGNOSIS, MONITORING, TREATMENT, CURE OR PREVENTION OF DISEASE IN, OR STATES OF HEALTH OF, HUMANS OR OTHER ANIMALS. YOU MAY NOT, AND SHALL NOT PERMIT OTHERS, TO USE THE SERVICES IN CONNECTION WITH MEDICAL PURPOSES, INCLUDING USE IN THE DIAGNOSIS, MONITORING, TREATMENT, CURE OR PREVENTION OF DISEASE IN, OR PHYSIOLOGICAL STATUS OF, ANY HUMANS OR OTHER ANIMALS. INFORMATION CONTAINED ON THE SERVICE DOES NOT CONSTITUTE AND SHOULD NOT BE USED AS A SUBSTITUTE FOR, HEALTH CARE, MENTAL HEALTH OR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. WE DO NOT ENGAGE IN, AND THE SERVICES DO NOT CONSTITUTE, THE PRACTICE OF MEDICINE, MENTAL HEALTH CARE, THERAPY, NURSING OR OTHER MEDICAL OR MENTAL HEALTH DISCIPLINE.USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS.TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then, to the maximum extent permissible by law, you agree that neither we nor any of our subsidiaries, affiliated companies, employees, members, shareholders, officers or directors shall be liable for (1) any damages in excess of $500.00, or (2) any indirect, incidental, punitive, exemplary, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Service or any goods sold or provided by us. This limitation shall apply regardless of the basis of your claim, whether other provisions of this Agreement have been breached, or whether or not the limited remedies provided herein fail of their essential purpose.This limitation shall not apply to any damage that we cause you intentionally and knowingly in violation of this Agreement or applicable law that cannot be disclaimed in this Agreement.SOME STATES, INCLUDING NEW JERSEY, MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.
IndemnificationYou agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Service, (b) your use of the Service, (c) your violation of this Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Service.
Governing Law and Jurisdiction; ArbitrationYou agree that any claim or dispute arising out of or relating in any way to the Service will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of New York shall govern this Agreement, and shall be used in any arbitration proceeding.There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: Legal Department, SyncHealth Inc., 223 Mott St, Apt 12, New York NY 10012. Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect, shall be conducted in English, and shall be located in New York City, New York. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.You and SyncHealth agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and SyncHealth agree that each have waived any right to a jury trial.Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.To the extent arbitrations does not apply, you agree that any dispute arising out of or relating to the Service, or to us, may only be brought by you in a state or federal court located in New York City, New York. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK.
Policies for ChildrenThe Service is not directed to individuals under the age of 13. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information if required by the Children's Online Privacy Protection Act. Please see the Federal Trade Commission's website for (www.ftc.gov) for more information.Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.
General Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.Revisions. This Agreement is subject to change on a prospective basis at any time. In the event that we change this Agreement, you may be required to re-affirm the Agreement through use of the Service or otherwise. Your use of the Service after the effective date of any changes will constitute your acceptance of such changes.No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: Legal Department, SyncHealth Inc., 223 Mott St, Apt 12, New York, NY 10012, or sent via email to admin@getawarehealth.com.Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.Force Majeure. In no event shall we or our affiliates be liable to you for any damage, delay, or failure to perform resulting directly or indirectly from a force majeure event.Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
Copyright PolicyIf you believe in good faith that any material posted on our Services infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;Identification of the copyrighted work claimed to have been infringed;Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;Information reasonably sufficient to permit us to contact you;A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:Copyright Agent
SyncHealth Inc.
223 Mott St, Apt 12
New York NY 10012
e-mail: admin@getawarehealth.com
Complaint Policy (Including Trademark and Privacy)If you believe in good faith that any material posted on the Service infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to admin@getawarehealth.com containing the following information:Your name, physical address, e-mail address and phone number;A description of the material posted on the Service that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;Identification of the location of the material on the Service;If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; andYour physical or electronic signature.If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.All notices given by you or required under this Agreement shall be in writing and addressed to: Legal Department, SyncHealth Inc., 223 Mott St, Apt 12, New York NY 10012, or sent via email to admin@getawarehealth.com.