Terms of Use

indeHealth Website, Mobile App, and Software Terms of Use  

Last Updated: February 18, 2024

1. Acceptance of Terms
These Website, Mobile App, and Software Terms of Use (these “Terms”) govern your access to websites, software, applications, and related services operated by or on behalf of indeHealth, Inc. (“indeHealth” “we” or “us”). These Terms are important and affect your legal rights, so please read them carefully. Note that Sections 14 and 15 of these Terms contain a mandatory arbitration provision and a class action waiver that require the use of arbitration on an individual basis and that limit the remedies available to you in the event of certain disputes and your ability to bring claims other than in your individual capacity.

By accessing or using indeHealth.care, unihealth.org, the Volta website and content-management system, the UniHealth by indeHealth mobile application (the “App”), and our various related websites, software, and services (collectively, the “indeHealth Services”), you agree to be bound by these Terms and all of the terms incorporated herein by reference. 

You must be at least 13 years of age or older and reside in the United States or any of its territories to use the indeHealth Services. By accepting these Terms, you represent that you have the legal authority to do so. If you are between 13 and the age of majority in your state and otherwise not emancipated, a parent and/or guardian agrees to these Terms on your behalf. If you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the indeHealth Services or any features provided therein. 

By accessing or using the indeHealth Services, you represent and warrant that you have not been previously suspended or removed from the indeHealth Services or engaged in any activity that could result in suspension or removal from the indeHealth Services.

You should not construe indeHealth’s publication of any content found on the indeHealth Services as an endorsement by indeHealth of the views expressed therein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of such content. We are not a health care provider. We do not recommend any health care service, supply, or treatment for you. You should call your health care provider if you have questions, at any time, about your health. The indeHealth Services should not be considered financial advice, legal advice, or tax advice. 

We may revise these Terms at any time for any reason and may provide you notice of these changes by any reasonable means, including through the indeHealth Services. You can determine when we last updated these Terms by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under applicable law, by continuing to access, browse or use the indeHealth Services, you agree to any revised Terms. If you do not agree to any revised Terms, you may not and we do not authorize you to use the indeHealth Services. We strongly recommend that you periodically visit this page to review these Terms. 

2. User Registration 

In order to access and use certain areas or features of the indeHealth Services, you may need to provide certain information, pay a subscription fee, and/or answer certain questions. Each registration is for a single user only.

You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the indeHealth Services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the indeHealth Services and/or your account. If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend and/or terminate your current and/or future use of the indeHealth Services. 

You are responsible for protecting any username (e.g., email address and password that you provide when registering for indeHealth Services) or other activation codes. If you use single sign-on (SSO) features to access the indeHealth Services, such as through your educational institution, use may be subject to your SSO provider’s terms and privacy policies.

By providing information and/or answering questions, you also consent to receive electronic communications from indeHealth (e.g., via email, push notifications, or by posting notices to the indeHealth Services). You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. 

We may also send you promotional communications, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional communications at any time by following the unsubscribe instructions provided therein.

Any paid subscriptions to the indeHealth Services are governed by these Terms and any other terms provided to you by indeHealth or any third-party billing service provided, and all such additional terms and conditions are hereby incorporated by this reference into these Terms. You hereby authorize indeHealth and its third-party payment service providers to effect payments you remit through the indeHealth Services or third-party payment service providers. You represent and warrant that financial information you provide is accurate and up to date, and that you have authority to authorize any such payments. You understand and agree that your use of any third-party payment service providers will be governed exclusively by such provider’s terms and conditions. You understand and agree that indeHealth is not responsible for your obligations relating to any third-party payment service providers.

3. Right to Access and Use the indeHealth Services and Content

Unless otherwise indicated in writing by us, the indeHealth Services and all content, features and functionality, and other materials contained therein, including, without limitation, any indeHealth trademarks, service marks, or logos and all designs, text, graphics, displays, pictures, images, video, audio, information, data, software, algorithms, other files and the design, selection and arrangement thereof (collectively, “Content”) are the property of indeHealth or our licensors or users, or other providers of such material, as applicable, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to these Terms, you are hereby granted a limited personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access, view and make personal, non-commercial use of the indeHealth Services and Content, including the right to download, install, and use the App solely for your personal, non-commercial use on a single device owned or otherwise controlled by you strictly in accordance with these Terms. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the indeHealth Services or Content under these Terms, or any other rights thereto other than to use the indeHealth Services in accordance with the rights granted by, and subject to all terms, conditions, and restrictions of these Terms.

You do not have any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the indeHealth Services or Content, (b) distribute, publicly perform or publicly display the indeHealth Services or any Content, (c) modify, translate, adapt, or otherwise make any derivative works or improvements of the indeHealth Services or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) copy or download (other than page caching) any portion of the indeHealth Services or Content, except as expressly permitted by us, (f) use the indeHealth Services to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the indeHealth Services or servers or networks used in connection with the indeHealth Services or otherwise use the indeHealth Services in any manner that could disable, overburden, damage, or impair the indeHealth Services or interfere with any other party’s use of the indeHealth Services; or (h) use the indeHealth Services or Content other than for their intended purposes or otherwise attempt to interfere with the proper working of the indeHealth Services and/or App.

Any use of the indeHealth Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the right of access and use granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly permitted herein, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of indeHealth or any third party, whether by estoppel, implication or otherwise. 

You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any Content.

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the indeHealth Services (or any features or parts thereof) at any time.

You acknowledge and agree that the indeHealth Services, including the App, are provided under license, and not sold, to you. You further acknowledge and agree that the indeHealth Services may include certain features and services that may be available via your mobile device or website account, including, without limitation: (a) the ability to receive push notifications, to receive and reply to messages, and to send content and messages using text or other messaging; (b) the ability to access the indeHealth Services to aggregate your insurance information and/or health history and to authorize us to provide information, e.g. vaccine status, to your educational institution; (c) the ability to customize certain features of the indeHealth Services; (d) the ability to access the App to determine your physical location by using information that we obtain from your access device; and (e) the ability to receive statistics or analytics in compliance with our Privacy Policy. If you are accessing or using the indeHealth Services via mobile device, your mobile carrier’s normal messaging data and other rates and fees may apply. Certain indeHealth Services may be incompatible with your carrier or mobile device. BY USING THE INDEHEALTH SERVICES ON A MOBILE DEVICE, YOU AGREE THAT WE AND OUR AUTHORIZED PARTNERS MAY COMMUNICATE WITH YOU VIA TEXT MESSAGING SERVICES REGARDING THE INDEHEALTH SERVICES AND APP, OR BY ANY OTHER ELECTRONIC OR DIGITAL MEANS TO YOUR MOBILE DEVICE AND THAT CERTAIN INFORMATION ABOUT YOUR USAGE OF THE INDEHEALTH SERVICES WILL BE COMMUNICATED TO US. You agree that in connection with the indeHealth Services for which you are registered, we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the indeHealth Services. 

4. Trademarks

The indeHealth logo, the UniHealth logo, the Volta logo, and any other indeHealth product or service names, trademarks, logos, or other indicia that may appear on the indeHealth Services (“Marks”) are the property of indeHealth or its subsidiaries, affiliates or third parties, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Nothing contained in these Terms and/or the indeHealth Services shall be construed as granting, by implication or otherwise, any license or right to use any such Marks without the prior written permission of indeHealth or such third party that may own such Marks. 

References to third-party marks on the indeHealth Services are for the purpose of providing information and do not imply sponsorship or endorsement by the trademark or service mark owners.

5. Legal Requirements; Privacy Policy

Our Privacy Policy describes how we handle the personal information you provide to us when you use the indeHealth Services, including but not limited to when you download, install, or use the App. For an explanation of our privacy practices, please visit our Privacy Policy located at https://unihealth.org/privacy.

6. User Content; Third-Party Materials

You are solely responsible and liable for all data, information, and other materials (“User Content”) that you submit, upload, post, e-mail, publish, display, or otherwise transmit (“Transmit”) in connection with the indeHealth Services. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation, republication) or misuse by any third party of information made public through the indeHealth Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR. 

You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right, proprietary right, or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; (c) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the indeHealth Services; (d) promote any illegal activity, or advocate, promote, or assist any unlawful act; (e) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person (f) impersonate any person, or misrepresent your identity or affiliation with any person or organization; or (g) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

You understand and acknowledge that you are responsible for any User Content you Transmit, and you, not the indeHealth, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. IndeHealth not responsible or liable to any third party for the content or accuracy of any User Content Transmitted by you or any other user of the indeHealth Services.

Without limiting the foregoing, indeHealth has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the indeHealth Services. YOU WAIVE AND HOLD HARMLESS INDEHEALTH AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

indeHealth does not undertake to review all material before it is posted on the App or through the indeHealth Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, indeHealth assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. indeHealth has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the indeHealth Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the indeHealth Services at your sole cost and expense.

The indeHealth Services, including but not limited to content posted or authorized to be posted by you or your educational institution, may display, include, or make available third-party content (including data, health resources, information, school-specific content, applications, customization, and other products, services, and/or materials) or provide links to school websites or services or other third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that indeHealth is not responsible for Third-Party Materials including but not limited to administrative or other postings by you, your educational institution, or other third parties, and that you, your educational institution, and such other third parties retain liability for such content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. indeHealth does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.  

7. Rights in User Content

We do not claim any ownership interest in User Content. However, by uploading, posting or submitting User Content to the indeHealth Services or to our pages or feeds on third-party social media platforms (e.g., indeHealth’s Instagram page, LinkedIn page, or X feed), you hereby grant indeHealth a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes. However, indeHealth will only share personal information that you provide in accordance with our Privacy Policy. 

You agree that indeHealth may disclose or use any User Content for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of indeHealth, its customers or the public. If ordered by court subpoena, we may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights, other proprietary rights, or their right to privacy. 

8. Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about indeHealth, or the indeHealth Services (collectively, “Feedback”). Feedback shall become the sole property of indeHealth. indeHealth shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. Reliance on Information Posted

The information presented on or through the App and the indeHealth Services, including but not limited to User Content and Third-Part Materials, is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App and the indeHealth Services, or by anyone who may be informed of any of its contents.

This App and the indeHealth Services includes content provided by third parties, including materials provided by other users, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by indeHealth, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of indeHealth. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by third parties.

10. Third-Party Sites

We have not reviewed all of the websites linked to the indeHealth Services and are not responsible for the content of any third-party pages, any other websites linked to the indeHealth Services, or any products or services offered by third parties. Nothing in the indeHealth Services, including, without limitation, any links to other websites, should be construed as an endorsement by indeHealth of any products, services, or information of any other persons or companies. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. indeHealth reserves the right not to link, or to remove the link, to a particular website at any time.

Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by indeHealth. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.

11. Indemnification

You shall indemnify, hold harmless, and, at indeHealth’s option, defend indeHealth and its affiliates and subsidiaries from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by indeHealth resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the indeHealth Services, any User Content, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including but not limited to the content you submit or make available through the App, or your violation of any rights of another, arising from your use of the indeHealth Services or any of its features. You further agree that indeHealth shall have control of the defense or settlement of any third-party claims unless indeHealth exercises its option to require you to defend indeHealth. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and indeHealth.

12. General Disclaimers

THE APP, THE INDEHEALTH SERVICES, AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INDEHEALTH DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE INDEHEALTH SERVICES; (B) CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE INDEHEALTH SERVICES. INDEHEALTH HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

INDEHEALTH DOES NOT REPRESENT OR WARRANT THAT THE INDEHEALTH SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE INDEHEALTH SERVICES OR THE SERVERS THAT MAKE THE INDEHEALTH SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. INDEHEALTH DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE INDEHEALTH SERVICES IS ACCURATE, COMPLETE, OR USEFUL. INDEHEALTH MAY FROM TIME TO TIME IN ITS SOLE DISCRETION DEVELOP AND PROVIDE APP UPDATES, WHICH MAY MODIFY OR DELETE IN THEIR ENTIRETY CERTAIN FEATURES AND FUNCTIONALITY. YOU AGREE THAT INDEHEALTH HAS NO OBLIGATION TO PROVIDE ANY UPDATES OR TO CONTINUE TO PROVIDE OR ENABLE ANY PARTICULAR FEATURES OR FUNCTIONALITY. YOU SHALL PROMPTLY DOWNLOAD AND INSTALL ALL APP UPDATES AND ACKNOWLEDGE AND AGREE THAT THE APP OR PORTIONS THEREOF MAY NOT PROPERLY OPERATE SHOULD YOU FAIL TO DO SO. YOU FURTHER AGREE THAT ALL UPDATES WILL BE DEEMED PART OF THE APP AND BE SUBJECT TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOUR USE OF THE INDEHEALTH SERVICES IS AT YOUR SOLE RISK. INDEHEALTH DOES NOT WARRANT THAT YOUR USE OF THE INDEHEALTH SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. INDEHEALTH SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.

BY ACCESSING OR USING THE INDEHEALTH SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE INDEHEALTH SERVICES.

13. Limitation of Liability 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INDEHEALTH BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE INDEHEALTH SERVICES (INCLUDING, BUT NOT LIMITED TO, USER CONTENT AND LINKS TO THIRD-PARTY WEBSITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM INDEHEALTH, OR FROM EVENTS BEYOND INDEHEALTH’S REASONABLE CONTROL, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF INDEHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF INDEHEALTH ARISING OUT OF OR IN ANY WAY RELATED TO THE INDEHEALTH SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE INDEHEALTH’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “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.”

14. Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH INDEHEALTH AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

YOU AND INDEHEALTH AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE INDEHEALTH SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.

Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and indeHealth agree that any in-person arbitral hearing would occur in the United States in New Castle County, Delaware. indeHealth further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and indeHealth are each waiving the right to a trial by jury and/or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the indeHealth Services. Further, unless both you and indeHealth agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

15. Class Action Waiver

REGARDLESS OF THE FORUM, YOU AND INDEHEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the indeHealth Services at any time and for any or no reason, and you acknowledge and agree that in such event we shall have no liability or obligation to you.

17. Governing Law and Jurisdiction

indeHealth is a Delaware corporation. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance, and enforcement, shall be governed by the laws of the state of Delaware, U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in Delaware shall not apply.

18. Notice

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to indeHealth at the following contact: legal@indehealth.care. Any notices to you may be made via either e-mail or postal mail to the address in indeHealth’s records or via posting on the indeHealth Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

Persons with disabilities who need assistance accessing these Terms may contact us as provided for in this Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms in an alternative format.

19. Severability

If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

20. Procedure for Making Claims of Copyright Infringement

If you believe in good faith that any of the content on the indeHealth Services infringes your copyright, please provide our copyright agent the following written information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the indeHealth Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

indeHealth’s copyright agent for notice of claims of copyright infringement can be reached as follows:

indeHealth, Inc.
Attn: Legal
370 Jay St., Floor 7 

Brooklyn, NY 11201

legal@indehealth.care

21. Miscellaneous; Waiver

The indeHealth Services are hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer. Additionally, we make no claims that the App and indeHealth Services or any of its content is accessible or appropriate outside of the United States. Access to the App and indeHealth Services may not be legal by certain persons or in certain countries. If you access the App and/or indeHealth Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. These Terms constitute the entire agreement between you and indeHealth relating to your access to and use of the indeHealth Services. These Terms, and any rights granted hereunder, may not be transferred, or assigned by you without the prior written consent of indeHealth. 

No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and indeHealth’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.