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Terms and Conditions

These Terms and Conditions of Use ( “Terms”) are a legal contract between Amenity Health, Inc., a California corporation (“Amenity Health”), and you, the user accessing or using any Amenity Health Corporation web sites , including, without limitation, those accessible through the URLs

;
http://www.amenityhealth.com; and any subdomains (the “Sites”).

THESE TERMS DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES IN CONJUNCTION WITH YOUR USE OF ANY OF THE SITES. PLEASE READ IT CAREFULLY BEFORE ACCESSING OR USING THE SITES. BY OPENING ANY PAGES OF THE SITES, YOU SIGNIFY YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS, JUST AS IF YOU HAD SIGNED THEM. YOU ALSO CONSENT TO THE COLLECTION AND USE OF INFORMATION AS SET FORTH IN GREATER DETAIL IN OUR PRIVACY POLICIES (SEE PRIVACY POLICY). SHOULD YOU DECIDE TO PURCHASE ADVERTISING ON ANY OF THE SITES, YOU WILL BE BOUND BY SEPARATE AND ADDITIONAL TERMS AND CONDITIONS.

1. Restrictions on Use

Amenity Health grants you the privilege of accessing and viewing the text, graphics, audio, design, images, charts and other content (the “Content”) on the Sites solely for your personal, non-commercial use. Amenity Health may revoke such privilege at any time with or without notice for any reason or no reason. Any and all Content, software and other works on the Sites and any reproductions of any of the foregoing (collectively, “Works”) are the proprietary intellectual property of Amenity Health Corporation and/or its suppliers, and are protected under U.S. and worldwide copyright laws and treaty provisions. Other than the limited grant of access to and viewing of the Content set forth above, Amenity Health grants you no other privileges or rights in any of the Works. You may only use the Sites, the Content and the Works for personal, noncommercial purposes. Any commercial use of the sites is strictly prohibited. You acknowledge that any other use of the Sites, the Content or the Works, including without limitation, reproduction, modification, distribution, transmission, republication, display, or performance, without the prior written permission of Amenity Health, which may be withheld in its sole discretion, is strictly prohibited.

2. Medical Disclaimer

The information on the Sites is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through the Sites is for general information purposes only. Amenity Health makes no representation and assumes no responsibility for the accuracy of information contained on or available through the Sites, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through the Sites with other sources, and review all information regarding any medical condition or treatment with your physician.

NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SITES.

Amenity Health does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, opinions, health care providers or other information that may be contained on or available through the sites.

AMENITY HEALTH IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THE SITES.

3. Third Party Web Sites

Amenity Health may from time to time provide links and pointers on the Sites to web sites maintained by third parties (“Third Party Sites”) and may from time to time provide third party material on the Sites. These Third Party Sites and third party materials are provided as a convenience only. Amenity Health has not reviewed, and does not operate or control in any respect, any information, products or services available on Third Party Sites, and Amenity Health is not responsible for any information provided at any Third Party Sites. Amenity Health makes no representations and provides no warranties whatsoever concerning Third Party Sites, and the fact that Amenity Health has provided a link to any Third Party Site on any of the Sites does not constitute an endorsement, authorization, sponsorship or affiliation by Amenity Health with respect to such Third Party Site or its owners or providers or any products or services mentioned or offered at the Third Party Site. Amenity Health expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, any Third Party Site.

4. Timeliness of Information

All press releases and other information contained on the Sites were, to the best of Amenity Health’s knowledge, timely and accurate when issued. However, the passage of time may render certain information incomplete or inaccurate. Amenity Health is not responsible for any misconceptions which may result from the reading of dated material. You should carefully check the dates of issuance of the information contained on the Sites.

5. Adult Usage

The Sites are intended to be used by persons that are at least 18 years old. If you are younger than 18 years old, you may not access the Sites or order products or services from Amenity Health via the Sites. If you are a parent or other person charged with the care of persons younger than 18 years old, you agree to restrict access to the Sites through your computers to persons who are at least 18 years old. If one of your children accesses the Sites and provides Amenity Health with personally identifiable information, please contact us at info@amenityhealth.com. Amenity Health will use reasonable efforts to delete all personally identifiable information regarding your child from its databases.

6. Privacy Policy

Amenity Health respects the privacy of its users, and has created a Privacy Policy that explains users’ rights and responsibilities with respect to personal information disclosed on the Sites. To read Amenity Health’s Privacy Policy, please click HERE.

7. Advertisers and Sponsors

The Sites are both advertiser and sponsor supported. Although Amenity Health may receive compensation from advertisers and sponsors (collectively, “Sponsors”) on the Sites, Amenity Health does not endorse the products or services of our Sponsors and makes no representations or warranties about the products or services of our Sponsors. You are solely responsible for your decision whether to click on advertising or sponsorship banners on the Sites and whether to make purchases from our Sponsors. You are solely responsible for payment of all costs or fees associated with the purchase of goods and services from our Sponsors.

8. Disclaimer of Warranties

YOUR USE OF THE SITES IS SOLELY AT YOUR OWN RISK. AMENITY HEALTH CORPORATION HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING CONTENT, THE SITES, AND THE PRODUCTS AND SERVICES PROVIDED BY THE SITES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF AVAILABILITY, NON-INTERCEPTION, FREEDOM FROM VIRUSES, ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THIS SECTION REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN AMENITY HEALTH AND YOU.

9. Limitation of Liability

AMENITY HEALTH WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. UNDER NO CIRCUMSTANCES SHALL AMENITY HEALTH, ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THE SITES OR THE CONTENT, PRODUCTS OR SERVICES PROVIDED THEREON. IF THE FOREGOING LIMITATION IS UNENFORCEABLE, AMENITY HEALTH’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS AND/OR PURCHASE PRODUCTS THROUGH THE SITES.

10. Indemnification

You agree to indemnify, defend (at Amenity Health’s sole option) and hold harmless Amenity Health and its directors, officers, employees and agents from and against any and all claims, actions and proceedings and any and all costs, fees (including without limitation reasonable attorneys fees), expenses, settlements, and judgments that result from your breach of these Terms or your access to and use of the Sites.

11. Trademarks

Each of the Site URLs and all page headers, custom graphics, logos, and button icons are service marks, trademarks and/or trade dress (collectively, the “Marks”) of Amenity Health or its licensor. You agree not to display, use or reproduce any of the Marks in any manner without prior written consent from Amenity Health. Without limiting the generality of the foregoing, Amenity Health specifically prohibits the use of any Mark as a “hot” link to any Site unless the establishment of such a link is approved in advance by Amenity Health in writing. Failure to obtain such approval shall entitle Amenity Health to seek an injunction enjoining such use. All other trademarks, service marks, product names and company names or logos cited herein are the property of their respective owners.

12. Information Provided by Third Parties; Feedback and Testimonials

Certain of the Sites contain information, recommendations and advice regarding various topics as provided by third parties. Any information provided on the Sites is of a general nature and is designed for educational purposes only. The information (including, without limitation, advice and recommendations) and services on the Sites site are neither medical nor healthcare advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified healthcare provider familiar with your unique facts. If you have any concerns about your own health or the health of your child, you should always consult with a physician or other healthcare professional.All remarks, suggestions, ideas, graphics, or other information communicated to Amenity Health through this site (together, the “Submission”) will forever be the property of Amenity Health. Amenity Health will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Amenity Health operations. Without limitation, Amenity Health will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Amenity Health will be entitled to use the Submission (including, without limitation, an edited version of the Submission) for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Amenity Health,have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

13. Compliance

Amenity Health makes no representation or claim that any information on the Site is appropriate or may be downloaded outside the United States of America. Access to the Site and to any information thereon may not be legal by certain persons or in certain countries. If you access the Site from outside the United States of America, you do so at your own risk of liability under the laws of the United States or of your jurisdiction.

14. Miscellaneous

These Terms, together with our Privacy Policies and any other agreement that may be entered into by you and Amenity Health in connection with a specific product or service of Amenity Health, constitute the entire agreement between you and Amenity Health and supersedes any and all other agreements, representations and understandings, whether written or oral. These Terms may not be modified or amended by you without the prior written consent of Amenity Health. Amenity Health may modify or amend these Terms and the Privacy Policies at any time without notice to you. You should regularly review these Terms for any modifications or amendments to these Terms as your continued use of the Sites after a modification or amendment signifies your assent and agreement to these Terms, as amended. If any clause or provision set forth in these Terms is determined to be illegal, invalid or unenforceable under present or future law, then, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. These Terms and your use of the Sites and any products and services provided by the Sites shall be governed by the laws of the United States of America and the State of California, without giving effect to its conflicts of laws principles. The parties agree that the state courts and Federal District Courts located in or serving San Diego County, California shall have exclusive jurisdiction over any and all claims, disputes or other controversies relating to or arising from these Terms or your use of the Sites or any products and services provided by the Sites. The parties hereby expressly consent to the exercise of jurisdiction over them by such courts. To the fullest extent permitted by applicable law, each party to these Terms waives its, his or her right to a jury trial with respect to any action brought under or in connection with these Terms. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms.

By using the pages in this site, you agree to these terms and conditions. If you do not agree, you should not use this site.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS MedCline (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

 

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

 

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

 

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events. Cost and

Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@medcline.com . Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform.

Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

 

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in San Diego, California before one arbitrator.

 

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which MedCline’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.