Last Updated: July 13, 2018
First Opinion Services, Inc. (“we,” “us,” “our,” or “First Opinion”) is pleased to offer you a platform for communicating electronically about health issues. Please read this Agreement (this “Agreement”) carefully before you proceed, because when you click “I Accept,” you are agreeing that you will only use First Opinion’s services, including its website (“the Website”) and mobile application(s) (“App”) and all content, information and/or materials provided in connection therewith (all of the foregoing, collectively the “Services”), in accordance with all of the terms and conditions in this Agreement and that you will be bound by them. You may not use the Services if you do not agree to all of the terms and conditions below, including without limitation, the arbitration and indemnity provisions.
The Services are provided for informational and educational purposes only. The Services do not include diagnosis or treatment of any disease or condition, and are not intended to be used in medical emergencies or situations requiring a hands-on or immediate response or treatment.
Binding Agreement; Changes. The terms and conditions herein will form a binding agreement (“Agreement”) between you and us when you click “I Accept” as part of becoming a “Registered User” of the Services. If you are using the Services on behalf of a company, legal entity, person, or persons, you are nonetheless individually bound by this Agreement even if one or more of these has a separate agreement with us. We may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after we provide notice of the Changes, whether such notice is provided through the Services user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.
Nature of Services. The Services allow you to communicate with healthcare providers (“Providers”). The Services are intended to allow you to ask Providers questions regarding health and medicine of a general nature for informational and educational purposes only. You agree that you will not seek any diagnosis, prognosis, treatment, prescription, product recommendation or medical advice of any kind from the Providers. Any communications from Providers should not be taken as medical advice for your personal situation, and will instead be based on the experiences of Providers, their general education and training, and their medical education and experience. Use of the Services is not a substitute for seeing your own doctor who is familiar with your medical history. First Opinion makes no representations about the quality, reliability, timing, integrity, authenticity, accuracy, or appropriateness of the information provided by the Service, and assumes no responsibility for any of the foregoing as more fully set forth below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FIRST OPINION DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DRUGS, TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, “OFF-LABEL” DRUG USES, OR ANY OTHER INFORMATION THAT MAY BE PROVIDED THROUGH SERVICES.
Eligibility to Use the Services.
- To use the Services, you must be at least 13 years old. If you are not yet 18 years or older, or are a minor under applicable law, or are not legally able to form a binding agreement, a parent or legal guardian (“Parent/Guardian”) must accept this Agreement on your behalf before you are permitted to use the App or Website and receive the Services.
- Specifically, to be eligible to use the Services you must meet the following criteria and represent and, by agreeing to this Agreement, represent and warrant that you: (1) have complied with the requirements of Section 4(a); (2) are not currently restricted from using the Services, or not otherwise prohibited from having a Services account, (3) are not a competitor of First Opinion and are not using the Services for reasons that are in competition with First Opinion; (4) will only maintain one Services account at any given time; (5) have full power and legal authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of First Opinion, other users, or of third parties, including intellectual property rights and privacy rights; (7) agree to provide at your cost all equipment, software, and Internet access necessary to use the Services; and (8) agree to use your first name and your email address when registering (although you may use a fictitious name or initials after registration when using the App or Website).
- If applicable: Parent/Guardian hereby agrees that he/she has full legal authority to accept this Agreement on the Registered User’s behalf and to bind the Registered User to them. Parent/Guardian also agrees to fully indemnify and hold harmless First Opinion against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys fees) arising out of or relating to any breach by the Registered User of this Agreement.
User Access and Use. We invite you to use the Services for personal and non-commercial purposes. When you accept this Agreement, we grant you a limited, personal, nonexclusive, nontransferable, fully revocable license to access and to use the Service, solely as such access and use is enabled by us and solely as permitted under this Agreement. Your right to use and access the Services (including the App or Website) is conditioned upon your compliance with this Agreement. You have no other rights in the Services or any materials available therein (the “Materials”), and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner. If you breach any of this Agreement, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials (and any copies thereof). Without limiting any other statement or term herein, you also represent and/or agree that the following applies each time you access or use the Services:
- If you suspect or have reason to believe an emergency exists, you will not access and/or use the Services in an emergency situation, but instead will call 9-1-1 or your own physician or pediatrician;
- You consider the Services, including, without limitation, the contents of the App and Website, such as text, graphics, images, information and other materials obtained from First Opinion’s licensors, users, employees and contractors (“Content”) to be for informational and educational purposes only;
- You will not advise, diagnose, or treat any person at any time based on information and/or education or comments you receive through the Services and/or that is contained in the App or Website and/or otherwise transmitted to you through the Services. You are solely responsible for your interactions with the Providers with whom you communicate while using the Services;
- First Opinion may limit the number of connections you may have with the Providers, may, in certain circumstances, prohibit you from contacting them through use of the Services, and/or may otherwise limit your use of the Services;
- You will not attempt to learn the identities and/or locations of the Providers and you will not seek to contact the Providers other than through the App;
- You understand and acknowledge that the Providers may not be able to respond to your messages immediately or even within a short time.
- If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you will provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you take action that is contrary to this Agreement to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
User Account Responsibilities. To use or access certain Services, you must register for and be granted by us an account with First Opinion. You agree to: a) keep your password secure and confidential; b) not permit others to use your account; c) refrain from using other users’ accounts; d) refrain from selling, trading, or otherwise transferring your First Opinion account to another party; and e) refrain from charging anyone for access to the Services. You agree to be responsible for any act or omission of any individuals that access the Services under your account.
User Information. You promise that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that you violated any provision or aspect of this Agreement, we may deny or terminate your access to the Services (or any portion thereof). By providing information to us, you represent and warrant that you are authorized or entitled to submit the information, that you are doing so voluntarily, that the information is accurate, not confidential and/or private, and not in violation of any contractual restrictions or third-party rights.
In addition, by submitting reviews, comments, or ratings to First Opinion through the App, email, or our Website, you expressly authorize us to publish such reviews, comments, or ratings and to publish with them your full name, initials, or user name and the state in which you reside, in our sole discretion. Specifically, you grant to First Opinion, or warrant that the owner of such content has expressly granted to First Opinion, the right to use that content, without obligation of any kind to you, for advertising, marketing, promotional and/or other purposes as set forth in this Agreement and you will not be entitled to any compensation for such use. Confidential communications, communications you want to remain private, or information that identifies you may be made removed from the App or the Website by submitting written notice to First Opinion at email@example.com, or Privacy Administrator, First Opinion Services, Inc., 3430 W Bayshore Road, Suite #104, Palo Alto, CA 94303.
Mobile Apps. We may make available an App to access the Services via a mobile device. To use our App you must have a mobile device that is compatible with the App. We do not warrant that the App will be compatible with your mobile device. We hereby grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account on one mobile device owned or leased solely by you, for your personal and non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party or use the App to provide time sharing or similar services for any third-party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that we may from time to time issue upgraded versions of the App, and may upgrade automatically to your mobile device the version of the App that you are using. You consent to such automatic upgrading and agree that this Agreement will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and we and our third-party licensors or suppliers retain all rights, title, and interests in and to the App and any copy of the App. Standard carrier data charges may apply to your use of the App. We may elect to provide you with support or modifications for the App (“Support”), in our sole discretion, and we may change, reduce or terminate such Support at any time without notice to you. We reserve the right to charge fees for Support. Any use of third-party software provided in connection with the Services will be governed by such third parties’ licenses and not by this Agreement.
- Apple Devices. The following additional terms and conditions apply to any Mobile Application we provide to you for use on an Apple iOS-powered mobile device (“iOS App”):
- You acknowledge that Apple, Inc. (“Apple”) is not a party to this Agreement.
- Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.
- You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that Apple is not responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) claims that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You agree that Apple is not responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- We and you agree that Apple and Apple’s subsidiaries are third-party beneficiaries to this Agreement as they relate to your license of our iOS App. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as they relate to your license of the iOS App.
- Android Devices. The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge Google, Inc. (“Google”) is not a party to this Agreement.
- Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. Google has no obligation or liability to you with respect to our Android App or this Agreement.
- You acknowledge and agree that Google is a third-party beneficiary to this Agreement as they relate to our Android App.
Prohibited Uses. You agree not to use the Services for commercial or public purposes and/or to: a) violate any local, state, national or international law; b) stalk, harass or harm another individual; c) collect or store personal data about other users or persons; d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; f) attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means; g) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and/or h) stalk, harass, or harm another individual. You further agree you will not:
- Reproduce, duplicate, copy, sell, resell or exploit any portion of the Services;
- Use the Services or access the Services for any purpose other than the purpose for which the Services are being provided to you;
- Use the Services in a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services;
- Reverse engineer, disassemble, decompile, or translate any components of the Services, attempt to derive the source code of any components of the Services, or authorize or assist any third party to do any of the foregoing;
- Allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations (SPAM);
- Use any high volume, automated, or electronic means, including any data mining, robots, or similar data gathering or extraction methods in connection with the Services;
- Frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.
Intellectual Property. You hereby expressly acknowledge that First Opinion or its licensors own all legal right, title and interest in the Services. First Opinion reserves all rights not expressly granted in and to the Service. “First Opinion” is a trademark that belongs to us. Other trademarks, names and logos on the platform are the property of their respective owners. Unless otherwise specified in this Agreement, all materials, including the arrangement of them on the platform are our sole property or the property of our licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, publication or other commercial use of any copyrighted material is strictly prohibited without our express written consent or the express written consent of the copyright owner or licensor.
Intellectual Property Infringement. We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we may remove submissions that we believe may violate intellectual property rights of others and may suspend your access to the Services (or any portion thereof) and/or terminate your account if you use the Services in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, § 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims. If you believe your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to our Agent for notice of claims of infringement as follows:
Attn: Copyright Claims Administrator
First Opinion Services, Inc.
3430 W Bayshore Road, Suite #104, Palo Alto, CA 94303
Third Party Sites. We may provide links on the Services to third-party websites. We are not obligated to review any third-party websites that you link to from the Services, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Services, you do this entirely at your own risk, and you must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of the Services may allow you to interact and/or conduct transactions with one or more third-party websites and, if applicable, allow you to configure your privacy settings in that third-party website account to permit your activities on the Services to be shared with your contacts in your third-party website account.
Indemnification. You agree to indemnify and hold harmless First Opinion, our owners, subsidiaries, affiliated companies, employees, shareholders, directors, licensors, co-branders, suppliers, and the officers, directors, employees, consultants, and agents of each, and other Registered Users and visitors, for all damages, liabilities, fines, penalties, losses, expenses, fees, and costs (including without limitation reasonable attorneys’ fees and costs) related to all claims, causes of action, charges, and investigations, caused by: a) your failure to comply with this Agreement, including without limitation your unauthorized submission of content and/or of that violates third-party rights or applicable laws; b) any content you submit or transmit; c) any activity in which you engage through or in connection with the Services; and d) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar or deleterious programming routines input by you into the Services.
Feedback. Any submissions by you to us (e.g., comments, questions, suggestions, materials - collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including, but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Discontinuation or Modifications to the Services. We reserve the right, in our sole discretion, to deny or restrict the use of the Services to anyone for any reason. We reserve the right to modify or discontinue the Services, or any portion of the Services, with or without notice to you. We will not be liable to you or any third party should we exercise these rights. If you object to any modification, your sole recourse will be to cease using the Services. Continued use of the Services following a notice of any change will indicate your acknowledgment of such changes and satisfaction with the Services as modified. First Opinion has no obligation to store, maintain or provide you a copy of any content that you, other users, or the Providers provide or transmit when using the Services. We also reserve the right, but have no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if we determine, in our sole discretion, that doing so is appropriate.
Disclaimer Of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIRST OPINION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, AND ACCURACY OF DATA. FIRST OPINION MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FIRST OPINION MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT ANY INFORMATION OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICES WILL BE ACCURATE OR COMPLETE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIRST OPINION OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SERVICES ARE NOT INTENDED TO PROVIDE A SUBSTITUTE FOR YOUR OWN SOUND AND REASONABLY PRUDENT JUDGMENT, AND ARE NOT INTENDED TO BE FOR DIAGNOSIS OR TREATMENT. PERSONS USING THE SERVICES ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICES, MATERIALS AND OTHER INFORMATION PROVIDED, AND AGREE THAT FIRST OPINION IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THEIR USE. YOUR RELIANCE ON THE CONTENT OBTAINED OR USED BY YOU IS SOLELY AT YOUR OWN RISK EXCEPT AS PROVIDED BY LAW.
Limitation Of Liability. YOU UNDERSTAND THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL FIRST OPINION OR ANY OF OUR OWNERS, SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, SHAREHOLDERS, OR DIRECTORS (“FIRST OPINION AFFILIATES”) BE CUMULATIVELY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, and as a result some of the above disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under applicable law.
Mutual Rights of Termination. You may terminate this Agreement, for any or no reason, at any time, upon notice to First Opinion. First Opinion may terminate or suspend your use of the Services, your account, and/or your registration without notice, for any or no reason, and at any time. You understand that termination of your agreement with First Opinion and your account will not entitle you to any refund and may involve deletion of your information and any content you uploaded using such Account. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT UPLOADED BY YOU.
Applicable Law. The validity, interpretation, construction, and performance of this Agreement and any claim, cause of action or dispute (“claim”) arising out of, or related to, this Agreement, and dispute resolution, shall be governed by the laws of the state of California without giving effect to the principles of conflict of laws. Except for disputes subject to arbitration as described below, any disputes relating to this Agreement or the Services will be heard in the courts located in San Francisco, California.
Dispute Resolution. YOU AND FIRST OPINION AGREE THAT ALL CLAIMS ARISING OUT OF, OR RELATED TO, THIS AGREEMENT MUST BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION LOCATED IN PALO ALTO, CALIFORNIA, AS ADMINISTERED BY JAMS UNDER THE APPLICABLE RULES THEN IN EFFECT EXCEPT AS OTHERWISE AGREED BY THE PARTIES OR AS DESCRIBED BELOW. THE PARTIES AGREE THAT THE FEDERAL ARBITRATION ACT WILL APPLY TO DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. YOU AND FIRST OPINION AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA, FOR THE PURPOSE OF LITIGATING ANY REFUSAL TO ARBITRATE. FOR ANY CLAIM (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS LESS THAN $10,000, THE PARTY REQUESTING RELIEF MAY ELECT TO RESOLVE THE DISPUTE IN A COST-EFFECTIVE MANNER THROUGH BINDING NON-APPEARANCE-BASED ARBITRATION, IN WHICH CASE THE ADR PROVIDER AND THE PARTIES MUST COMPLY WITH THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED BY TELEPHONE, ON LINE AND/OR BE SOLELY BASED ON WRITTEN SUBMISSIONS, THE SPECIFIC MANNER SHALL BE CHOSEN BY THE PARTY INITIATING THE ARBITRATION; (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES; AND (C) ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR SHALL BE FINAL AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. YOU AGREE THAT YOU AND FIRST OPINION ARE EACH WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES. Further, unless otherwise agreed, 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.
Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court should endeavor to give the effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect.
Notices and Service of Process. In addition to Section “Notices and Service Messages,” we may notify you via postings on our Website. You may contact us here, or via mail or courier at:
First Opinion Services, Inc.
3430 W Bayshore Road, Suite #104, Palo Alto, CA 94303
Additionally, First Opinion accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
Electronic Communications. By using the Services, you consent to receiving electronic communications from First Opinion. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with First Opinion. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings related to this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other First Opinion Services, third-party content or third-party software.
No informal waivers, agreements or representations. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any First Opinion Affiliate shall be deemed legally binding on any First Opinion Affiliate, unless documented in a physical writing hand-signed by a duly appointed officer of First Opinion.
No Agency. Notwithstanding any term herein, the Providers are not agents of First Opinion, and you may not interpret any communications or transmissions to or from the Providers to create an agency relationship and they may not be deemed at any time to be acting as an agent of First Opinion.
Limited Time to Bring Claim. Where permitted by law, you and First Opinion agree that any cause of action arising out of or related to the Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Beneficiaries. Entities other than First Opinion are not parties, and you acknowledge and agree that there are no third-party beneficiaries of this Agreement.
Assignment and Delegation. You may not assign or delegate any rights or responsibilities under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and responsibilities under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral notation, effective upon notice to you, First Opinion Corporation for any third party that assumes our rights and responsibilities under this Agreement.
Survival. The terms of this Agreement (other than your right to access and use the Services) and any other limitations on liability explicitly set forth herein will survive the expiration or earlier termination of this Agreement for any reason. Our (and our licensor’s) proprietary rights (including intellectual property rights) in and to our Content, our technology, the App, the Website, and/or other Services will survive the expiration or earlier termination of this Agreement.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement. To the extent the California Electronic Commerce Act of 1984 applies, California users are advised that the technology, App, and Site are provided by First Opinion Services, Inc., 3430 W Bayshore Road, Suite #104, Palo Alto, CA 94303. If you have a question or complaint regarding the technology, App, or Website, please contact us as described above. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 928-1227.
Who We Are
We are First Opinion. When we refer to (“we,” “us,” “our,” or “First Opinion”), we mean First Opinion Services, Inc. We provide a service for you to interact with doctors for informational and educational purposes.
We partner with Curai, Inc., (“Curai”), a company that builds and maintains healthcare technology and performs research in health informatics. We contract with Curai to develop, manage, and optimize our technology, and to perform research and learning on topics related to healthcare and our Services.
Information We Collect and How We Get It
The information we collect includes data you provide to First Opinion or our doctors, such as your contact information and the health-related messages and questions you send and replies you receive, and data about your use of the Services, such as the pages or features that you interact with when you access and use the Services.
Information You Provide
Account Information. When you register with us on the App or through the Website to create an account and become a registered user, you will need to provide us with certain personal information to complete the registration, including information that can be used to contact or identify you, which may include your name, email address, username, password, and phone number. We also collect other information you provide as part of registration process and the administration and personalization of your user experience, including demographic information such as your gender, age, and zip code. We may combine this information with the personal information we collect from you.
Health Information. We may collect health information provided by you or generated through your use of the Services. This includes details of your informational exchanges with participating doctors and their responses, suggestions, and guidance, and interactions with our digital services. We may also hold the information that you have consented to share about you and your health where you have chosen to link other apps, devices, or services—such as the Apple HealthKit, fitness trackers, or other health-appliances—to our Services.
User Generated Content. We collect information you provide to First Opinion as feedback through the App, email, or our Website, including comments, reviews, and ratings.
Information We Collect Automatically
Internet Information. We and our third-party service providers also collect other information automatically through the Services that we may combine with other personal information we have collected about you. The information we collect automatically may include information such as your IP address, analytics information (such as content accessed during your current session and over time and interaction information), the URLs of the websites you visit before and after navigating to the Services, your computer’s or mobile device’s software and hardware attributes (including device identifiers), mobile network information, and your general geographic location derived through your IP address (e.g., your city, state, or metropolitan region). We or our third-party service provider may collect such information using a variety of tracking technologies, including server logs, cookies, application IDs, and pixels and web beacons. You can set your browser to refuse to store cookies or delete cookies from your computer, but then certain features of the Services may not operate correctly.
How We Use The Information That We Collect
We may use your information for various purposes related to our operations and your use of the Services. For example, First Opinion may use your information to:
Provide the Services
- Provide the Services, including to let you sign up for an account and interact with our doctors, and otherwise fulfill the terms of any agreement you have with us.
- Respond to your inquiries about our Services.
- Contact you by email or push notification regarding our Services. For example, First Opinion will send you notifications when you receive a new message in the App, and you may receive other notifications about your use of the Services, including communications from doctors. If you do not want to receive our notifications, you may opt out at the time you first use the App, or you can turn them off using your device’s notification settings.
Improve the Services and Conduct Health-Related Research
- Create, compile, and share de-identified, aggregated, or anonymous information.
- Improve our healthcare products and services, and our artificial intelligence system, so that we can deliver better health-related information to you and other users.
- Conduct health-related research and collaborate with third parties for such purposes, including to train computer models, construct statistics, and evaluate them for healthcare-related purposes.
- Engage in analysis and research concerning the Services, improve users’ experiences with the Services, and otherwise enhance the quality of our products and Services. This may include analyzing data about your use of our products and services to, for example, troubleshoot bugs within the App, forecast demand of service and to understand other trends in use, including which features users use the most and find most helpful, and what features users require from us.
Market the Services and for Other Promotional Purposes
- Send you promotional information about our Services, as well as other topics that are likely to be of interest to you, including updates or other non-operational communications. We may also send you relevant offers and informational materials on behalf of our research partners and other third-parties pertaining to your health interests, including information about healthcare-related products and services and clinical trials. First Opinion does not use your individual account and record information from the Services for marketing on behalf of third-parties without first asking for and receiving your opt-in consent or authorization. If you wish to opt out of receiving promotional emails at any time, please click the “unsubscribe” link at the bottom of the email. Even if you do so, you may continue to receive non-promotional emails with information relevant to your use of the Services.
Other Legal Purposes
- Comply with legal and/or regulatory requirements, or to protect our rights and interests, as described below in the “Legal Purposes” subsection of this Policy.
How We Share Your Information with Third Parties
We may share your information with third parties for the purposes described below:
Physicians. Your information will be shared with participating physicians when you interact with them.
Curai. Curai, Inc. is a First Opinion affiliate that owns the artificial intelligence technology used by our Services and is responsible for maintaining and improving that technology. First Opinion has contracted with Curai to use Curai’s personnel and technology for the purposes disclosed above in the section “How We Use the Information that We Collect.” Curai is bound by confidentiality and data security provisions, and Curai can use your data only for the purposes we specify and in accordance with this Policy.
Third-party service providers. First Opinion uses third-party service providers to help us perform certain business-related functions, including managing and improving the Services. These service providers may collect and/or use your information to assist us in achieving the purposes discussed above in the section entitled “How We Use the Information that We Collect.” For example, we may use third parties to perform data storage and processing services for us, to provide customer service, and marketing assistance. We also partner with certain third parties to collect, analyze, and use some of your information as described below in Third-Party Analytics, and to create aggregated data or de-identified that no longer identifies you personally.
We also may share your information with other third parties when necessary to meet the terms of any agreement that you have with us:
Research Partners. We work with partners to improve our artificial intelligence system and for research-related purposes, including to train computer models, construct statistics, and test new computer systems for healthcare-related purposes. These partners are bound by confidentiality and data security provisions, and they are permitted to use your data only for the purposes we specify and in accordance with this Policy.
Aggregate or De-Identified Information. We may disclose to third parties aggregate, de-identified, or other anonymous information derived from your identifiable information.
Legal Purposes. We also may use and share your information with third parties when we determine in our sole reasonable discretion that doing so is necessary:
- To establish or exercise our legal rights;
- To defend against legal claims or as otherwise required by law;
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, report or take other action regarding illegal activity, suspected fraud or other wrongdoing;
- to facilitate the financing, securitization, insuring, merger, sale, assignment, bankruptcy, consolidation, liquidation, acquisition, or other disposal of all or part of our business or assets.
Data Retention, Security, and Transfer
First Opinion uses commercially reasonable physical, electronic, and procedural safeguards to protect your Personal Information against loss or unauthorized access, use, modification, or deletion. Please be aware that despite our best efforts, no data security measures can guarantee absolute security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private.
First Opinion may retain information as long as necessary to provide the services to you and to fulfill the purposes described in this Policy. If you would like First Opinion to delete the information associated with your account, please follow the instructions in the “Reviewing, Updating, and Deleting Your Personal Information” section below.
If you provide personal information through the Services, you acknowledge and agree that such personal information may be transferred from your current location to our offices and servers or those of our affiliates, service providers, or contractors located in the United States and other countries. Those countries may have data protection laws that are different from, and potentially less stringent than, those in your country of residence.
Reviewing, Correcting, and Deleting Your Personal Information
You may access, correct, and/or request deletion of certain information that you have provided to us by contacting us through the Services, or by emailing us at email@example.com. If you email us, for your protection, we may only implement requests with respect to the information associated with the particular email address you use to send us your request, and we may need to verify your identity before implementing your request. We will attempt to comply with any reasonable requests for accessing, correcting, or deleting your information.
The Services are not directed to children under the age of 13, and First Opinion will not knowingly collect Personal or Other Information from anyone it knows to be under the age of 13. If you are under 13, do not register for the Services or submit any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will promptly take reasonable steps to delete the data from our system.
California Privacy Rights
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2017 will receive information regarding 2016 sharing activities). If you are a California resident and would like a copy of this information, please send us an email message to firstname.lastname@example.org with “Request for California Privacy Information” on the subject line and in the body of your message.
We may update this Policy. When we do, we will also revise the “last updated” date at the top of the Policy. For material changes to this Policy, we will place a prominent notice on the home page or landing page of the Site or by send you a notification directly. We encourage you to review this Policy periodically to stay informed about how we are helping to protect the information we collect. Your continued use of the service constitutes your agreement to this Policy as it may be updated over time.
Questions or Comments
Privacy Administrator, First Opinion
3430 W Bayshore Road, Suite #104, Palo Alto, CA 94303