Welcome to the Digital Checkups service, via which we will send you a personalized message and ask you to answer a short set of questions inquiring about your satisfaction with your care plan (the “Services”). The Services are provided by Conversa Health, Inc. (“Conversa,” “we” or “us”) on behalf of your healthcare provider. Please read these Terms of Use (the “Terms”) carefully because they govern your use of the Services.
By clicking “I Agree” and proceeding to use the Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.
Conversa does not provide medical advice, diagnosis, treatment, or prescriptions. We’re here to provide information to help you to communicate with your healthcare provider, but we’re not your doctor or healthcare provider. The Services are not intended to be a substitute for professional medical advice, diagnosis, treatment or prescriptions. Please seek medical advice and treatment from a professional healthcare provider. If you think you may have a medical emergency, call your healthcare provider or 911 immediately.
ANY HEALTH INFORMATION SERVICES, SUGGESTIONS, OR OTHER CONTENT PROVIDED VIA THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF ANY INFORMATION OBTAINED THROUGH THE SERVICES AND AGREE THAT WE’RE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM USING THAT INFORMATION AND WE DISCLAIM ANY LIABILITY RELATING THERETO. IF YOU RELY ON ANY INFORMATION PROVIDED TO YOU VIA THE SERVICES, YOU DO SO AT YOUR OWN RISK.
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know when you try to access the Services. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have notified you of the modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change all or any part of the Services, at any time and without notice, at our sole discretion. In addition, we will stop providing the Services if your healthcare provider instructs us to do so.
You may use the Services only if each of the following requirements are met: (i) you are authorized to use the Services by your healthcare provider; and (ii) you are 18 years or older (and capable of forming a binding contract with Conversa) and are not barred from using the Services under applicable law.
It’s important that you provide us with truthful, accurate, complete and up-to-date information at all times. You are solely responsible for any information you provide or submit via the Services. You acknowledge and agree that we are collecting the information you provide on behalf of your healthcare provider and we will share the information you provide with your healthcare provider. We may also use the information you provide both to provide and improve our Services. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.
We may need to contact you about your use of the Services as described in our Privacy Policy. You may also receive emails or text messages from Conversa that refer to your medical condition or procedure and therefore contain protected health information about you. You acknowledge that emails and text messages are not completely secure methods of communication and carry a risk of being read or intercepted by a third party. You agree to the receipt of these communications and to accept this risk, unless you “opt-out” by following the unsubscribe instructions provided in the messages that you receive. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at feedback@conversahealth.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Conversa and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You may use the Services and solely for your personal purposes.
The Services may contain links to third-party websites or resources. We are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources (including those provided by your healthcare provider).
We may terminate your access to and use of the Services at any time and for any reason, including upon termination or expiration of our agreement with your healthcare provider. You may stop using the Services at any time, and you should tell your healthcare provider if you want to stop using the Services. Upon any termination, discontinuation or cancellation of Services, the following provisions will survive: the provisions entitled “No Medical Advice,” “Information You Provide,” “Feedback,” “Links to Third Party Websites or Resources,” “Termination,” “Warranty Disclaimers,” Limitation of Liability,” and “General.”
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services or any information provided to you via the Services.
NEITHER CONVERSA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CONVERSA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL CONVERSA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED FIFTY DOLLARS ($50).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CONVERSA AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
You and Conversa agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Conversa are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Conversa otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and Conversa otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Conversa submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Conversa will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Conversa will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Conversa changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to www.Conversa.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Conversa’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Conversa in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Conversa and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Conversa and you regarding the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Conversa’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Conversa may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Conversa under these Terms, including those regarding modifications to these Terms, will be given via email, text or via the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Conversa’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Conversa. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact Conversa at legal@conversahealth.com.
Welcome to the Conversa Health Automated Conversation System.
This is a free service designed to provide personalized, relevant, and meaningful guidance and information about your health. Our goal is to give you personalized support as you seek to improve your well-being and achieve your health-related goals. The Automated Conversation System is a web-based service that will send you messages through email, text message, app, or otherwise (the “Services”).
The Services also include this website at www.conversahealth.com and any other services offered by us.
The Services are provided by Conversa Health, Inc. (“Conversa ,” “ we ” or “ us ”) on behalf of your healthcare provider. Please read these Terms of Use (the “Terms ”) carefully because they govern your use of the Services.
If you wish to use this service, you will be asked to agree to these Terms by clicking “I Agree.” If you do so and then proceed to use the Automated Conversation System or any other aspect of the Services, you are agreeing to be bound by these Terms.
If you visit or use our website, you are also agreeing to these Terms. If you don’t agree with these Terms, you are not permitted to visit or use our website or Services.
You understand and agree that Conversa does not provide medical advice, diagnosis, treatment, or prescriptions, either through the website, the Automated Conversation System, or any other services. We’re here to provide information to help you to communicate with your healthcare provider or representative, but we’re not your doctor or healthcare provider. The Services are not a substitute for professional medical advice, diagnosis, treatment or prescriptions. Please seek medical advice and treatment only from a healthcare provider, and if you have any questions about any communications you received through the Services, call your healthcare provider or visit him or her in person. If you think you may have a medical emergency, call your healthcare provider or 911 immediately.
ANY HEALTH INFORMATION SERVICES, SUGGESTIONS, OR OTHER CONTENT PROVIDED VIA THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF ANY INFORMATION OBTAINED THROUGH THE SERVICES AND AGREE THAT WE’RE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM USING THAT INFORMATION AND WE DISCLAIM ANY LIABILITY RELATING THERETO. IF YOU RELY ON ANY INFORMATION PROVIDED TO YOU VIA THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU AGREE THAT WE HAVE NO RESPONSIBILITY TO PROVIDE MEDICAL ADVICE OR TAKE ANY MEDICALLY RELATED ACTION IN RESPONSE TO ANY INFORMATION YOU PROVIDE THROUGH THE SERVICES.
We may modify the Terms at any time, in our sole discretion. If we make changes, we’ll let you know when you try to access the Services that they’ve been updated. Changes will not apply retroactively. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have notified you of the modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore.
Because our Services are evolving over time we may change all or any part of the Services, at any time and without notice, at our sole discretion. In addition, we will stop providing the Services if your healthcare provider or representative asks us to.
“Conversa” includes Conversa Health, Inc. and its affiliates, subsidiaries, officers, directors, employees and agents.
You may use the Services only if you are authorized to use the Services by your healthcare provider or representative and you are 18 years or older and legally competent.
The Services are intended for residents of the United States. If you are not a U.S. resident and you register or submit personal information through the Services, you agree that we may, subject to our Privacy Policy, collect, use, store, and disclose that information in the U.S. or another country outside your country of residence. You understand that data protection laws may vary outside your country. By providing your information to Conversa, you are consenting to the international transfer of your information for the purposes explained in these Terms, the Privacy Policy, or elsewhere in the Services.
You may use the Services solely for your personal purposes; you understand and agree that any commercial use is strictly prohibited.
It’s important that you provide us with truthful, accurate, complete and up-to-date information at all times. You are solely responsible for any information you provide or submit via the Services. You acknowledge and agree that we are collecting the information you provide on behalf of your healthcare provider or representative and we may share the information you provide with your healthcare provider. We may also use the information you provide both to provide and improve our Services.
Please refer to our Privacy Policy ( http://conversahealth.com/privacy-policy ), which is incorporated into these Terms, for information on how we collect, use and disclose personal information from our users and visitors.
We may need to contact you about your use of the Services as described in our Privacy Policy. If you choose to use the Automated Conversation System, you may also receive emails or text messages from Conversa that refer to your medical condition or procedure and therefore contain protected health information about you. You can choose not to receive emails or text messages containing protected health information by following the instructions provide in the Automated Conversation System messages you receive. If you do wish to use emails or text messages to communicate about your health via this service, you are acknowledging that these methods of communication are not completely secure and carry a risk of being read or intercepted by a third party, and you are agreeing to receive these emails or text messages and accept this risk. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
Conversa and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. Conversa Health, www.conversahealth.com, and our logo are trademarks belonging to us. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable, and transferrable license under any and all intellectual property rights that you own or control to use, copy, modify, or create derivative works based upon and otherwise exploit any information or content you submit through the Services. You also grant us the right to sub-license these rights and the right to bring an action for infringement of these rights. All intellectual property rights are reserved. Nothing in the license you grant us permits us to make any use or disclosure that is prohibited by our Privacy Policy or applicable law, including the Health Information Portability and Accountability Act (“HIPAA”).
If you believe that your intellectual property has been copied or is accessible via the Services in a manner that constitutes copyright infringement, please contact us at legal@conversahealth.com. The requirements for what you must include in your notice are in the Digital Millenium Copyright Act, 17 U.S.C. § 512.
You agree that you will not use the Services in any way prohibited by law or these Terms. These prohibitions include, but are not limited to, the following:
The Services may contain links to third-party websites or resources. We are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources (including those provided by your healthcare provider or representative).
We may terminate your access to and use of the Services at any time and for any reason, including upon termination or expiration of our agreement with your healthcare provider. You may stop using the Services at any time. Upon any termination, discontinuation or cancellation of Services, the following provisions will survive: the provisions entitled “No Medical Advice,” “Information You Provide,” “Feedback,” “Links to Third Party Websites or Resources,” “Termination,” “Warranty Disclaimers,” Limitation of Liability,” “General,” and any provisions that, by their nature, should survive termination.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING AND TO THE EXTENT PERMITTED BY LAW, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services or any information provided to you via the Services.
You assume total responsibility and risk for your use of the Services and communications made via the Services, including by internet and text message. You understand and agree that any uploads or transmissions through the Services could be intercepted and used by an unauthorized third party and that all of the risk associated therewith is solely yours. You also agree that Conversa will have no liability whatsoever for any unavailability of the Services or loss or inadvertent unauthorized use or disclosure of data or misdelivery or nondelivery of communications caused by system outages or any third party acts or any other outages involving the Services, internet providers, the internet infrastructure, or any third parties.
NEITHER CONVERSA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CONVERSA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
IN NO EVENT WILL CONVERSA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED FIFTY DOLLARS ($50).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CONVERSA AND YOU.
If you violate these Terms, or we reasonably suspect you have violated these Terms, we may block or suspend your use of the Services, bring legal action against you, and/or report you to law enforcement authorities. If we block your access to the Services, you agree not to attempt to circumvent our action (such as by creating or using a different account.)
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD CONVERSA HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, COSTS, LIABILITIES, LOSSES AND DAMAGES OF ANY KIND (INCLUDING ATTORNEYS’ FEES) RESULTING FROM YOUR MISUSE OR ABUSE OF THE SERVICES OR YOUR BREACH OF THESE TERMS. You will cooperate as reasonably required in Conversa’s defense of any claim. Conversa reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you may not settle any matter without the written consent of Conversa.
Except for matters of United States federal law governing intellectual property, these Terms and any action related to the Terms or the Services will be governed by the laws of the State of Oregon without regard to conflict of laws provisions. If applicable, you consent to personal jurisdiction in Oregon courts and venue in Multnomah County, Oregon.
You agree that, regardless of any law, any claim you may have against us must be brought within one year after the claim arises or is known or reasonably should have been known to you, or the claim will be forever barred.
If you have a complaint, question, claim, or dispute (collectively, “Dispute”) regarding the Services, you are encouraged to bring it to our attention directly. Please email us at legal@conversahealth.com, and we will address your concerns.
If we are unable to resolve a Dispute ourselves, any Dispute relating in any way to the Terms or Services must be submitted to binding arbitration in Multnomah County, Oregon, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any federal or state court. Arbitration shall be conducted in accordance with these Terms and the prevailing rules and procedures of the American Arbitration Association. Each party shall be responsible for its own costs and fees, and the joint costs of arbitration shall be shared equally by the parties. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms may be joined to any other arbitration or claim, including any arbitration or other legal proceeding involving any other current or former user of the Site, and no class action proceedings will be permitted.
By agreeing to arbitration in these Terms, you understand and agree that you are giving up (i) any right to pursue claims or have Disputes resolved in a court of law, (ii) any right to compulsory discovery, and (iii) any right to the appeal of any adverse arbitration decision.
These Terms, including our Privacy Policy incorporated herein, constitute the entire and exclusive understanding and agreement between Conversa and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Conversa and you regarding the Services. If we enter into an additional or separate written agreement with you, the terms of that agreement will supplement these Terms and will control to the extent they are contrary to these Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Conversa’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Conversa may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Headings in these Terms are solely for convenience.
The Services may use cookies to store information on your computer or device. By visiting the website or using the Services, you consent to the placement of these cookies.
Any notices or other communications provided by Conversa under these Terms, including those regarding modifications to these Terms, will be given via email, text or via the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. You consent to the use of these electronic methods of communication from us and agree that all communications, including Terms and agreements, that we provide electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
Conversa’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Conversa. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact Conversa at legal@conversahealth.com.
We welcome feedback, comments, complaints and suggestions for improvements to the Services (“ Feedback ”). You can submit Feedback by emailing us at feedback@conversahealth.com.
Prior versions of these Terms are available here.
The effective date of these Terms is September 1, 2016.
This is a free service designed to provide personalized, relevant, and meaningful guidance and information about your health. Our goal is to give you personalized support as you seek to improve your well-being and achieve your health-related goals. The Automated Conversation System is a web-based service that will send you messages through email, text message, app, or otherwise. The Automated Conversation System, whether offered to you under the name “Digital Checkups” or another name, is referred to in these Terms as “the Service.”
The Service also includes this website at www.conversahealth.com and any other service offered by us.
The Service is provided by Conversa Health, Inc. (“Conversa”, “we” or “us”) on behalf of your provider. Please read these Terms of Agreement (the “Terms”) carefully because they govern your use of the Service.
If you wish to use the Service, you will be asked to agree to these Terms by clicking “I Agree.” If you do so and then proceed to use the Automated Conversation System or any other aspect of the Service, you are agreeing to be bound by these Terms.
If you visit or use our website, you are also agreeing to these Terms. If you don’t agree with these Terms, you are not permitted to visit or use our website or Service.
You understand and agree that Conversa does not provide medical advice, diagnosis, treatment, or prescriptions, either through the website, the Automated Conversation System, or any other services. We’re here to provide information to help you to communicate with your provider, but we’re not your doctor or provider. The Services are not a substitute for professional medical advice, diagnosis, treatment or prescriptions. Please seek medical advice and treatment only from a healthcare provider, and if you have any questions about any communications you received through the Services, call your healthcare provider or visit him or her in person. If you think you may have a medical emergency, call your healthcare provider or 911 immediately.
ANY HEALTH INFORMATION SERVICES, SUGGESTIONS, OR OTHER CONTENT PROVIDED VIA THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF ANY INFORMATION OBTAINED THROUGH THE SERVICES AND AGREE THAT WE’RE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM USING THAT INFORMATION AND WE DISCLAIM ANY LIABILITY RELATING THERETO. IF YOU RELY ON ANY INFORMATION PROVIDED TO YOU VIA THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU AGREE THAT WE HAVE NO RESPONSIBILITY TO PROVIDE MEDICAL ADVICE OR TAKE ANY MEDICALLY RELATED ACTION IN RESPONSE TO ANY INFORMATION YOU PROVIDE THROUGH THE SERVICES.
"Conversa" includes Conversa Health, Inc. and its affiliates, subsidiaries, officers, directors, employees and agents.
"Provider" means the person or company that asked us to offer you the Automated Conversation System, which could be your healthcare provider, such as a doctor, nurse, or physical therapist, or other personal service provider, such as a trainer, fitness coach, or lifestyle/health coach.
We may modify the Terms at any time, in our sole discretion. If we make changes, we’ll let you know when you try to access the Services that they’ve been updated. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have notified you of the modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore.
Because our Services are evolving over time we may change all or any part of the Services, at any time and without notice, at our sole discretion. In addition, we will stop providing the Services if your provider asks us to.
You may use the Services only if you are authorized to use the Services by your provider and you are 18 years or older and legally competent.
The Services are intended for residents of the United States. If you are not a U.S. resident and you register or submit personal information through the Services, you agree that we may, subject to our Privacy Policy, collect, use, store, and disclose that information in the U.S. or another country outside your country of residence. You understand that data protection laws may vary outside your country. By providing your information to Conversa, you are consenting to the international transfer of your information for the purposes explained in these Terms, the Privacy Policy, or elsewhere in the Services.
You may use the Services solely for your personal purposes; you understand and agree that any commercial use is strictly prohibited.
It’s important that you provide us with truthful, accurate, complete and up-to-date information at all times. You are solely responsible for any information you provide or submit via the Services. You acknowledge and agree that we are collecting the information you provide on behalf of your provider and we may share the information you provide with your provider. We may also use your information to provide and improve our Services.
Please refer to our Privacy Policy (http://conversahealth.com/privacy-policy), which is incorporated into these Terms, for information on how we collect, use and disclose personal information from our users and visitors.
We may need to contact you about your use of the Services as described in our Privacy Policy. If you choose to use the Automated Conversation System, you may also receive emails or text messages from Conversa that refer to your medical condition or procedure and therefore contain protected health information about you. You can choose not to receive emails or text messages containing protected health information by following the instructions provide in the Automated Conversation System messages you receive. If you do wish to use emails or text messages to communicate about your health via this Service, you are acknowledging that these methods of communication are not completely secure and carry a risk of being read or intercepted by a third party, and you are agreeing to receive these emails or text messages and accept this risk. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
Conversa and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. Conversa Health, www.conversahealth.com, and our logo are trademarks belonging to us. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable, and transferrable license under any and all intellectual property rights that you own or control to use, copy, modify, or create derivative works based upon and otherwise exploit any information or content you submit through the Services. You also grant us the right to sub-license these rights and the right to bring an action for infringement of these rights. All intellectual property rights are reserved. Nothing in the license you grant us permits us to make any use or disclosure that is prohibited by our Privacy Policy or applicable law, including the Health Information Portability and Accountability Act (“HIPAA”).
If you believe that your intellectual property has been copied or is accessible via the Services in a manner that constitutes copyright infringement, please contact us at legal@conversahealth.com. The requirements for what you must include in your notice are in the Digital Millenium Copyright Act, 17 U.S.C. § 512.
You agree that you will not use the Services in any way prohibited by law or these Terms. These prohibitions include, but are not limited to, the following:
The Services may contain links to third-party websites or resources. We are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources (including those provided by your provider).
We may terminate your access to and use of the Services at any time and for any reason, including upon termination or expiration of our agreement with your provider. You may stop using the Services at any time. Upon any termination, discontinuation or cancellation of Services, the following provisions will survive: the provisions entitled “No Medical Advice,” “Information You Provide,” “Feedback,” “Links to Third Party Websites or Resources,” “Termination,” “Warranty Disclaimers,” Limitation of Liability,” “General,” and any provisions that, by their nature, should survive termination.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING AND TO THE EXTENT PERMITTED BY LAW, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services or any information provided to you via the Services.
You assume total responsibility and risk for your use of the Services and communications made via the Services, including by internet and text message. You understand and agree that any uploads or transmissions through the Services could be intercepted and used by an unauthorized third party and that all of the risk associated therewith is solely yours. You also agree that Conversa will have no liability whatsoever for any unavailability of the Services or loss or inadvertent unauthorized use or disclosure of data or misdelivery or nondelivery of communications caused by system outages or any third party acts or any other outages involving the Services, internet providers, the internet infrastructure, or any third parties.
NEITHER CONVERSA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CONVERSA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
IN NO EVENT WILL CONVERSA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED FIFTY DOLLARS ($50).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CONVERSA AND YOU.
If you violate these Terms, or we reasonably suspect you have violated these Terms, we may block or suspend your use of the Services, bring legal action against you, and/or report you to law enforcement authorities. If we block your access to the Services, you agree not to attempt to circumvent our action (such as by creating or using a different account.)
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD CONVERSA HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, COSTS, LIABILITIES, LOSSES AND DAMAGES OF ANY KIND (INCLUDING ATTORNEYS’ FEES) RESULTING FROM YOUR MISUSE OR ABUSE OF THE SERVICES OR YOUR BREACH OF THESE TERMS. You will cooperate as reasonably required in Conversa’s defense of any claim. Conversa reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you may not settle any matter without the written consent of Conversa.
Except for matters of United States federal law governing intellectual property, these Terms and any action related to the Terms or the Services will be governed by the laws of the State of Oregon without regard to conflict of laws provisions. If applicable, you consent to personal jurisdiction in Oregon courts and venue in Multnomah County, Oregon.
You agree that, regardless of any law, any claim you may have against us must be brought within one year after the claim arises or is known or reasonably should have been known to you, or the claim will be forever barred.
If you have a complaint, question, claim, or dispute (collectively, “Dispute”) regarding the Services, you are encouraged to bring it to our attention directly. Please email us at legal@conversahealth.com, and we will address your concerns.
If we are unable to resolve a Dispute ourselves, any Dispute relating in any way to the Terms or Services must be submitted to binding arbitration in Multnomah County, Oregon, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any federal or state court. Arbitration shall be conducted in accordance with these Terms and the prevailing rules and procedures of the American Arbitration Association. Each party shall be responsible for its own costs and fees, and the joint costs of arbitration shall be shared equally by the parties. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms may be joined to any other arbitration or claim, including any arbitration or other legal proceeding involving any other current or former user of the Site, and no class action proceedings will be permitted.
By agreeing to arbitration in these Terms, you understand and agree that you are giving up (i) any right to pursue claims or have Disputes resolved in a court of law, (ii) any right to compulsory discovery, and (iii) any right to the appeal of any adverse arbitration decision.
These Terms, including our Privacy Policy incorporated herein, constitute the entire and exclusive understanding and agreement between Conversa and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Conversa and you regarding the Services. If we enter into an additional or separate written agreement with you, the terms of that agreement will supplement these Terms and will control to the extent they are contrary to these Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Conversa’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Conversa may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
The Services may use cookies to store information on your computer or device. By visiting the website or using the Services, you consent to the placement of these cookies.
Any notices or other communications provided by Conversa under these Terms, including those regarding modifications to these Terms, will be given via email, text or via the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. You consent to the use of these electronic methods of communication from us and agree that all communications, including Terms and agreements, that we provide electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
Conversa’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Conversa. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact Conversa at legal@conversahealth.com.
We welcome feedback, comments, complaints and suggestions for improvements to the Services (“ Feedback ”). You can submit Feedback by emailing us at feedback@conversahealth.com.
Prior versions of these Terms are available here.
The effective date of these Terms is October 24, 2016.