THIS SITE IS NOT INTENDED FOR USE IN THE EVENT OF A MEDICAL EMERGENCY. YOU AGREE THAT YOU WILL SEEK CARE ELSEWHERE OR DIAL 911 IN THE EVENT OF A MEDICAL EMERGENCY.
These Terms of Service ("Terms"), which include, without limitation, an agreement to arbitrate and a consent to electronic communications, govern your access and use of all of the services made available to you by or through Solv Health, Inc. ("Solv Health," "we," "us," or "our"), including without limitation through our mobile application, and through any and all designated web addresses owned and operated by or through us (altogether, such services are collectively referred to herein as the "Service(s)").
These Terms, including our Privacy Policy, are the entire agreement between you ("you") and Solv Health with respect to your access to and use of the Service. By accessing or using the Service, you agree that you have read and understand these legal documents; If you do not agree, do not access or use the Service.
Acceptance of Terms and Agreement. These Terms, including our Privacy Policy, are the entire agreement between you ("you") and Solv Health with respect to your access to and use of the Service (collectively, these legal documents constitute the “Agreement”). Carefully read the Agreement before using the Service. Access to or use of the Service indicates you have read, understand and accept the terms of the Agreement.
ARBITRATION NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. YOU HEREBY KNOWINGLY AND VOLUNTARILY AGREE THAT, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE SECTION ENTITLED “ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY” BELOW, ALL DISPUTES BETWEEN YOU AND SOLV HEALTH WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE THE RIGHT TO ASSERT ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS IN ANY COURT, EXCEPT AS EXPRESSLY PROVIDED BELOW. YOU ALSO KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU FURTHER ACKNOWLEDGE THAT YOU ARE ENTERING INTO THESE TERMS VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS WHATSOEVER EXCEPT THOSE CONTAINED IN THESE TERMS THEMSELVES.
THIS ARBITRATION NOTICE AND THE ARBITRATION AGREEMENT SET FORTH BELOW AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
Privacy Policy. We may collect certain information from your use of the Service as described in our Privacy Policy, which is incorporated into these Terms by this reference. Your use of the Service constitutes your consent to the information collection, use, and sharing as described in our Privacy Policy.
Modification of Terms/Agreement/Service. We reserve the right to modify these Terms and the Agreement at any time. All changes will be effective immediately upon posting to the Service and, by accessing or using the Service after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Service or otherwise communicated to you.
We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one or any part of the existing Services. Under no circumstances will Solv Health be liable for any suspension or discontinuation of any of the Services or portion thereof, and any use of new services will be governed by this Agreement.
Intellectual Property Rights. The Service, including all source code, databases, functionality, software website design, text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the proprietary property of Solv Health or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Solv Health or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Service may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as expressly described in these Terms, no licenses or other rights, express or implied, are granted by Solv Health to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Solv Health.
Limited License. Provided you comply with these Terms, Solv Health grants you a limited, revocable, nontransferable, nonassignable, nonsublicensable, nonexclusive license to access and use the Service in the United States solely for your own personal and noncommercial purposes.
Restrictions on Your Use of the Service; Compliance with Laws.
Your Account. You must be at least 18 years of age to use our Services or to create a Solv Health account. If you are using our Services on behalf of a minor, you represent and warrant that you are the parent or legal guardian of the minor and that all references to you in these Terms will apply to you on behalf of yourself, and of the minor. While you can request appointments with health care providers through the Service without creating a Solv Health account, you will be required to create an online Solv Health account in order to save your profile and to take advantage of other features of the Service, which may include without limitation the ability to save, store and access certain personal information including without limitation certain personal health information. You will be required to submit certain information in order to set up your account, including your mobile telephone number, which will be used to log in to your account via two-factor authentication with a one-time PIN provided by Solv Health to you via text message. In connection with setting up your account and continuing use of the Service, you authorize your wireless carrier to use or disclose information about your account and/or your wireless device, if available, to Solv and/or Solvs’ service provider in order to identify you or your wireless device. Please see Privacy Policy for how we treat your data.
You are responsible for maintaining the confidentiality of any information you use in connection with the Service, including those PINs. In connection with your access to and use of the Service and that of any person authorized by you to access and use the Service on your behalf, you are responsible for complying with all applicable laws, regulations and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. You warrant that all information you provide to Solv Health in connection with your access to and use of the Service is true, accurate, and complete to the best of your knowledge and belief. If you submit the personal information of any person other than yourself in setting up profiles in your account or otherwise in using the Service, you warrant that you have that person's permission to provide Solv Health with that information. Solv Health reserves the right, in its sole discretion, to terminate your use of the Service for any reason without notice or liability, including for the unauthorized use of your mobile telephone and the PINs provided by Solv Health and your breach of these Terms.
Consent to Electronic Communications
Text messages and emails from Solv Health.While it is not necessary to create an online Solv Health account to generally search for or request appointments with health care providers, you will be required to create an online Solv Health account and to provide us with your mobile telephone number to save your profile and take advantage of other Service features. By using the Service, you hereby agree to receive communications from Solv via email or text regarding the Service. Message and data rates may apply to texts. If you create an online Solv Health account, Solv Health will text you a PIN the first time you log in to your account for security reasons, which will be your password for that session; thereafter, you may have the option to continue to require a PIN to login each time.
Solv Health may send you text messages or emails pertaining to appointments that you have booked via the Service (e.g., appointment reminders and live waitlist updates) and any follow-up appointments, whether or not you have an online Solv Health account. We may also send you invitations via text message or email to review a health care provider that you have visited and other messages for business or marketing purposes, including messages regarding our Service.
You may choose to: a) stop receiving text messages from Solv by replying “STOP” to any text message you receive; and b) stop receiving marketing emails from Solv by clicking “unsubscribe” at the bottom of the email, but opting out of receiving text messages and/or emails may impact your ability to access and use your online Solv Health account and other offerings via the Service, including without limitation the Solv Plus Membership described below. Please be aware that if you choose to stop receiving certain marketing emails or text messages, you may still receive certain important non-marketing messages related to your appointments or about your Solv Health account or, if applicable, Membership.
Text and email messages from your health care providers. Health care providers using the Service may contact you via text messaging or email to remind you of an appointment and to provide general health/medication/insurance reminders and information and you hereby agree to receive such messages via text message or email.
By consenting to receive any electronic information from Solv or healthcare providers via text message or email, you understand these methods of communication may not be secure and there may be some level of risk that the information in the email or text message could be read by a third party or be otherwise subject to unauthorized access or use. You are advised not to share personal health information via insecure text message or insecure email.
Solv and health care providers using the Service to send messages are not responsible for unauthorized access of protected health information while in transmission to the individual based on the individual's request. Furthermore, Solv and health care providers are not responsible for safeguarding information once delivered to the patient. By agreeing to these terms, you agree to receive insecure text messages at your given phone number or any number forwarded or transferred to that number and to receive insecure emails. The consent to receive text messages or email will apply to all future appointment reminders/feedback/health/medication information and other communications unless you request Solv or the health care provider, as applicable, to stop sending the messages by replying "STOP" to a text message, unsubscribing from email, or other method designated by the health care provider or our Service. Please be aware that if you choose to stop receiving certain marketing emails or text messages, you may still receive certain important non-marketing messages related to your appointments or about your Solv Health account or, if applicable, Membership.
If you are not the intended recipient of any text messages or emails sent by Solv or the healthcare providers using the Service, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited and you should promptly delete this information. Also, if you are not the intended recipient to text messages please reply "STOP" to any such text messages you receive.
Telehealth and Your Consent to Risks of Telehealth
You may be able to utilize and access certain telemedicine services offered by third party healthcare providers through the Services. Solv is not a healthcare provider, insurance provider, or a prescription fulfillment warehouse. In providing access to these telemedicine services, Solv’s role is limited to making certain telehealth related information available to you and/or facilitating your access to telemedicine services provided by health care providers through the Solv platform. Solv is not responsible for such healthcare providers’ acts or omissions, or for any content of your communications with them. Solv is independent of the healthcare providers and does not employ or otherwise exercise any control over the medical services provided by healthcare providers, regardless of whether they offer telemedicine services through the Solv Services or platform.
Telehealth, sometimes referred to as telemedicine, involves the delivery of health care services using electronic communications, information technology, or other means between a medical provider and a patient who are not in the same physical location. Telemedicine may be used for advice, diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to:
Telehealth services are not a substitute for in-person health care in all cases. As with any medical service, there are potential risks associated with the use of telehealth. These risks may include but are not limited to the following: data or information exchanged may be insufficient to allow for appropriate medical care or advice by the applicable healthcare provider; electronic transmission delays or errors may cause delays in your care and treatment; lack of or inadequate access to your applicable medical records or history may result in adverse drug interactions or other errors; and technology security protocol failures may result in insecure transmission or disclosure of personal health information.
By utilizing any Service involving telehealth, you acknowledge that you understand the risks and benefits of telehealth, you have received adequate answers to any questions you have about the use of telehealth, and you consent to the use of telehealth in the delivery of these health care services to you through the Service.
Disclosure of Financial Relationships. Health care providers listed on the Service with whom you can schedule an appointment through the Service (by clicking a button or link displaying “Book now” or similar words) pay us a fee for providing individuals the convenience of online appointment scheduling through the Service and for services related to administering such appointments.
Appointment Availability. The availability of health care provider appointments that you can request through the Service may change at any time without notice to you. We endeavor to ensure that health care provider locations remain valid while they are listed on the Service, but these locations may change before our Service is updated. Healthcare provider services may not be available in your area.
Solv Pay. Solv offers the option to users to make certain payments as designated on the Service from time to time, through our payment processing system included in the Service. Such payments may include, without limitation, (i) certain payments to health care providers, in amounts designated by the health care provider, for certain services that you may access or book through the Service, such as applicable co-pay or self-pay amounts owed by you to the health care provider, or (ii) other payments for products or services as designated from time to time on the Service. By utilizing this payment processing system through the Service, you agree that Solv or its payment processing service providers may charge the credit card that you provide through the Service for the amounts and the services designated at the time of purchase. The payment processing system on our Service is provided through Stripe, Inc. and/or its affiliates and is subject to their privacy policy which can be found here: https://stripe.com/privacy.
Note to Covered Members of Health Plans. As part of the Service, we may offer you the ability to provide certain health plan information to us and the opportunity to view or access certain information available to Solv from third parties regarding applicable deductibles, co-pays, and other terms. This Service is offered by Solv as a convenience to you. Such information is not within Solv’s control, is subject to change at the discretion of the third party and Solv makes no representation regarding the completeness or accuracy of such information at any given time. You should not rely upon such information in your healthcare decisions, and you are encouraged to contact your health plan directly to confirm such information. To the extent you book and access medical services directly from a health care provider through our Service, it is your sole responsibility to work directly with the provider to determine if, whether and to what extent such medical services may be covered by your applicable insurance and Solv makes no representations or warranties in that regard, nor does it assume any responsibility for billing any insurer or health plan.
By agreeing to use the Services, you acknowledge and agree that you will be financially responsible for any medical services and products provided to you through Solv or its Third Party Partners, and Solv is not obligated to provide you with any information that may be necessary for you to seek reimbursement, if any, from any applicable health plan.
Content you submit or create. You will have the opportunity to submit reviews and feedback regarding your experiences with health care providers you find through the Services, to submit inquiries concerning possible medical needs and to participate in the other interactive or community features of the Service (collectively, "Posted Information"). It is important that you act responsibly when providing Posted Information. You are responsible to ensure that you comply with all applicable laws and regulations when you provide Posted Information and you should not include any personal information, including without limitation personal health information, in such Posted Information. We reserve the right to, but do not have the duty to, investigate and, at our discretion, take appropriate legal action against anyone who violates these Terms, including without limitation, removing any offending communication from the Services and terminating the account of such violators or blocking your use of the Services. By posting Posted Information through the Service, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, to Solv and its contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information.
Third-Party Web Sites. The Service may link to, or be linked to, web sites not maintained or controlled by Solv Health. Those links are provided as a convenience and Solv Health is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party web site or any products or services made available through those web sites. Please take care when leaving the Service to visit a third-party web site. We encourage you to read the terms of use and privacy policy for each web site that you visit.
Third-Party Partners. From time to time, the Service may also link to third-party partner (“Third Party Partners”) web sites that are co-branded by Solv Health and third parties. Such web sites may allow you to purchase or access certain tests, products or services through such Third Party Partners or directly through us in conjunction with such Third Party Partners. In these instances, Solv Health may have certain financial arrangements or payments that we receive or make in connection with our collaboration with our Third Party Partners. In some circumstances, such financial or payment disclosures may be provided or accessible to you at the time of payment.
Solv Rx Discount Program, powered by Glic Health, LLC
For more information about our Solv Rx Discount Program, please see our Solv Rx Discount Program Description, which is available here: https://www.glichealth.com/program-description
THE SOLV RX DISCOUNT PROGRAM IS NOT INSURANCE. THROUGH THE SOLV RX DISCOUNT PROGRAM, SOLV HEALTH PRESCRIPTION DISCOUNTS AND COUPONS CAN BE USED INSTEAD OF, BUT NOT IN CONJUNCTION WITH, INSURANCE. The Solv Rx Discount Program is not intended as a substitute for health insurance. The range of the discounts will vary depending on the prescription drug and the participating pharmacy. We cannot guarantee any discount we provide is the lowest price available. Only participating pharmacies will honor our Solv Rx Discount Program. You are required to pay for all prescription drugs at the time of purchase. Solv Health does not make payments to any pharmacy or health care provider. THE SOLV RX DISCOUNT PROGRAM DOES NOT MEET MINIMUM CREDITABLE COVERAGE REQUIREMENTS UNDER STATE HEALTHCARE INSURANCE COVERAGE REGULATIONS.
IF YOU DO NOT HAVE HEALTH INSURANCE, you can use our Solv Rx Discount Program to obtain discounts for applicable brand name or generic prescriptions you or a household member pays for out-of-pocket, unless other restrictions apply. The Solv Rx Discount Program cannot be used simultaneously with other prescription drug discount cards or for prescriptions paid for through a health benefit or pharmacy benefit plan. IF YOU HAVE HEALTH INSURANCE, or any other funded benefit such as Medicaid or Medicare, you can use the Solv Rx Discount Program for certain prescriptions that are not covered by your plan when you would otherwise be purchasing those prescriptions without alternative coverage or discounts. You should confirm whether you are eligible to use the Solv Rx Discount Program if you are covered by health insurance by checking with your health insurance provider.
Please note that payments that you make for medications using the Solv Rx Discount Program do not count toward your insurance, Medicare, or other prescription drug coverage out-of-pocket costs, including deductibles and out-of-pocket maximums.
Solv Rx Discount Program prescription discounts, coupons and prices shown are based on multiple sources, including published price lists, purchases, claims records, and data provided by pharmacies. SOLV RX DISCOUNT PROGRAM PRESCRIPTION DISCOUNTS AND PRICES MAY CHANGE AT ANY TIME. THE PRICES WE SHOW ARE OUR BEST ESTIMATE; WHILE WE BELIEVE OUR DATA TO BE GENERALLY ACCURATE, WE CANNOT GUARANTEE THAT THE PRICE WE DISPLAY WILL EXACTLY MATCH THE PRICE YOU RECEIVE AT THE PARTICIPATING PHARMACY. For an exact price, please contact the ACCURATE, WE CANNOT GUARANTEE THAT THE PRICE WE DISPLAY WILL EXACTLY MATCH THE PRICE YOU RECEIVE AT THE PARTICIPATING PHARMACY. For an exact price, please contact the participating pharmacy.
Termination. Solv Health may terminate these Terms, including the limited license we grant you to use our Service, without notice if you breach these Terms, act in an abusive manner, or act in a manner inconsistent with local, state, or federal laws or regulations. Upon any termination of these Terms you must promptly cease accessing and using the Service and we may take action to prevent further breach by you, including without limitation suspending your access to or deleting your Solv Health account.
NO WARRANTY. THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND. SOLV HEALTH MAKES COMMERCIALLY REASONABLE EFFORTS DESIGNED TO ENSURE THAT ALL DATA, INFORMATION, AND MATERIAL ON THE SERVICE IS ACCURATE AND RELIABLE, BUT ACCURACY CANNOT BE GUARANTEED. SOLV HEALTH DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICE NOR ANY CONTENT THEREOF. SOLV HEALTH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. SOLV HEALTH IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SERVICE.
SOLV HEALTH IS NOT A HEALTH CARE PROVIDER AND IS NOT A COVERED ENTITY UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND ANY REGULATIONS PROMULGATED THEREUNDER ("HIPAA"). TO THE EXTENT SOLV HEALTH CREATES, RECEIVES, MAINTAINS, OR TRANSMITS PROTECTED HEALTH INFORMATION, AS THAT TERM IS DEFINED UNDER HIPAA, SOLV HEALTH WILL ONLY ACCESS, USE, OR DISCLOSE PROTECTED HEALTH INFORMATION AS PERMITTED BY APPLICABLE FEDERAL AND STATE LAWS, INCLUDING HIPAA IF AND TO THE EXTENT APPLICABLE, AND PURSUANT TO ANY CONTRACTUAL OBLIGATIONS SOLV HEALTH HAS WITH HEALTH CARE PROVIDERS, IF AND ONLY TO THE EXTENT THAT SUCH OBLIGATIONS ARE APPLICABLE TO THE PROTECTED HEALTH INFORMATION. SOLV HEALTH IS NOT RESPONSIBLE FOR THE ACTIVITIES OR OMISSIONS OF HEALTH CARE PROVIDERS AS IT RELATES TO HOW THEY RETAIN, SECURE, USE, OR DISCLOSE PROTECTED HEALTH INFORMATION. SOLV HEALTH AIMS TO PROVIDE YOU WITH ACCURATE AND UP-TO-DATE INFORMATION ABOUT AVAILABLE HEALTH CARE PROVIDERS IN YOUR AREA, AS WELL AS INFORMATION ABOUT YOUR INSURANCE SHOULD YOU UTILIZE THAT FUNCTION OF THE SERVICE; HOWEVER, SOLV HEALTH DISCLAIMS ANY IMPLIED WARRANTY OR REPRESENTATION, AND MAKES NO GUARANTY, ABOUT THE ACCURACY OR COMPLETENESS OF HEALTH CARE PROVIDER INFORMATION OR INSURANCE INFORMATION ON THE SERVICE. ADDITIONALLY, THE MENTION OF A PARTICULAR HEALTH CARE PROVIDER ON THE SERVICE DOES NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY SOLV HEALTH, AND THE RATINGS FOR EACH HEALTH CARE PROVIDER ARE AGGREGATED AND AVERAGED THROUGH PATIENT REVIEWS/FEEDBACK AND DO NOT REFLECT THE OPINIONS OF SOLV HEALTH.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOLV HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE OR THE CONTENT THEREOF, INCLUDING THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. SOLV HEALTH HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SERVICE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SERVICE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM SOLV HEALTH OR IN ANY MANNER FROM THE SERVICE CREATES ANY WARRANTY.
LIMITATION OF LIABILITY AND RELEASE. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL SOLV HEALTH, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF OR INABILITY TO USE THE SERVICE (INCLUDING THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE SERVICE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF SOLV HEALTH HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SERVICE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL SOLV HEALTH'S LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AS MAY BE AMENDED), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR THE 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.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.
Health Care Services Disclaimer. We are not a medical or health care services provider or lab services provider and do not provide medical or health care or lab services or advice including, but not limited to, emergency or urgent medical services. None of the Service content (other than certain information you may receive directly from health care professionals) should be considered medical advice or an endorsement, representation or warranty that any particular treatment or medication is safe or effective, for you. Solv Health, Inc. does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by health care professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Solv nor any third parties who promote the Service or provide you with a link to the Service shall be liable for any professional advice you obtain from a health care professional via the Service and are not responsible for any reliance or non-reliance on any information receive from your medical services or health care services provider through our Service.
Indemnification. You will indemnify, defend, and hold harmless Solv Health, its affiliates, and its and their respective directors, officers, employees, representatives, consultants, agents, suppliers, and licensors from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, damages, expenses, and costs (including reasonable attorneys' fees) that arise out of or in connection with your access to or use of the Service, your misuse of any material, data, or other information downloaded or otherwise obtained from the Service, your appointment requests made through the Service, your violation of applicable laws or regulations, or your violation of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read the following paragraphs carefully because they require you to arbitrate disputes with Solv Health and limit the manner in which you can seek relief from us. By agreeing to these Terms and using our Service, you understand that you would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide the case, to obtain certain types of damages not available in an arbitration (e.g., treble damages, punitive damages, etc.) and to participate in a class action or other proceeding involving multiple claimants, but you have instead chosen to have all Disputes (as defined below) decided through individual arbitration. The decision of the arbitrator will be final and binding, without any right of appeal.
Applicability. You agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, application, termination, enforcement, interpretation, scope, or validity of this Agreement (together, "Disputes") will be resolved by binding arbitration on an individual basis as described in these Terms (this "Arbitration Agreement").For avoidance of doubt, the parties expressly agree that the arbitrator (and not a court) shall have the power to determine the validity and scope of this arbitration clause. Either party also may choose to take their claims to small claims court instead of to arbitration, provided the Dispute meets the requirements of the small claims court. In the event of any actual, alleged, or threatened violation of intellectual property rights, either party may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of either party to submit any claim seeking relief other than injunctive relief to arbitration. The arbitrator shall have no power to conduct class, mass, Private Attorney General or consolidated proceedings without the written consent of both parties. This Arbitration Agreement applies to you; Solv Health; Solv Health's affiliates; Solv Health's and its affiliates' respective directors, officers, employees, owners, agents, predecessors in interest, successors in interest, and assigns; authorized and unauthorized users or beneficiaries of the Service; and any third-party beneficiaries.
Class Action Waiver. You agree to not participate in a class action or class-wide arbitration for any claims covered by this Arbitration Agreement. You are waiving the ability to participate as a class representative or member in any class or collective claim you may have against us, including any right to class or collective arbitration or any consolidation of individual arbitrations.
Arbitrator. Before submitting any Dispute to arbitration, the parties shall first engage in an effort to settle such Dispute for a period of at least 30 days, to include one or more meet and confer meetings between them, via teleconference or videoconference, in a good faith effort to try to resolve informally any Dispute before it is filed. Arbitration proceedings will be administered by the American Arbitration Association ("AAA") before an arbitrator chosen by agreement of the parties. If the parties fail to reach agreement on the arbitrator within 30 days after service of the demand for arbitration, the arbitrator will be chosen by the AAA. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. Delaware substantive law shall apply, without regards for its conflict of law principles, except to the extent that it conflicts with the FAA, in which case the FAA shall apply. The arbitrator shall have the discretion to award all costs of arbitration, including all attorneys' fees, to the prevailing party.
Place. The place of arbitration will be San Francisco, California, unless otherwise agreed to in writing by all parties to the arbitration or ordered by the sole arbitrator after consultation with the parties.
Federal Arbitration Act. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. Any and all actions taken under this Arbitration Agreement, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
Time Limitation on Claims. Arbitration proceedings must be initiated within one year after any Dispute arises; otherwise, the Dispute is permanently barred.
Discovery. Limited requests for non-privileged documents relevant to the dispute will be allowed, keeping in mind the reasonable need for the requested information, the amount in dispute, and the burdensomeness of the request on the opposing party. In any event, discovery mechanisms other than document requests, such as interrogatories, depositions, etc. shall not be permitted unless the parties agree in writing.
Severability. Any provision or part of this Arbitration Agreement deemed unenforceable by a court of competent jurisdiction or arbitrator may be severed, and the remainder of the Arbitration Agreement shall be given full force and effect.
Confidentiality. You and Solv Health agree that any arbitration proceedings initiated hereunder shall be kept in strict confidence, meaning that you and Solv Health agree not to disclose or cause to be disclosed to any third party the Dispute(s) to be arbitrated hereunder, or any of the underlying facts, circumstances, documents, and other materials relating to such Dispute(s), except as may be necessary in connection with a court application for injunctive relief, a judicial challenge to an award or its enforcement, or unless otherwise required by law.
Force Majeure. Solv Health will not be liable to you for any delay or other failure to perform under these Terms that is due to causes beyond Solv Health's control, including acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, and other extraordinary elements of nature.
Audit. Solv Health and its designated representatives may, at their expense, audit, examine, and make copies of data, documents, information, and other records in your possession or control that relate to or concern the Service in order to determine your compliance with these Terms.
Feedback. Solv Health welcomes comments regarding the Service. If you submit comments or feedback to us regarding the Service, they will not be considered or maintained as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
Governing Law. These Terms are governed by the laws of the state of Delaware, without regards for its conflict of law principles. Subject to the Arbitration Agreement set forth above (which contemplates that with limited exceptions all Disputes shall be subject to arbitration), both parties agree to the exclusive jurisdiction of the state or federal courts, as applicable, located in San Francisco, California, and the parties expressly agree to the exclusive jurisdiction of those courts for any matters subject to litigation.
Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.
Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Solv Health, except that our affiliates are third-party beneficiaries of these Terms.
Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding releases, indemnification, limitation of our liability, or arbitration) will continue in effect beyond any termination of these Terms or of your access to or use of the Service.
Interpretation. Solv Health's failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Solv Health. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be considered severable from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms will inure to the benefit of Solv Health's successors and assigns.
Notices. All notices, consents, requests, demands, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: (i) upon delivery if personally delivered with fees prepaid, including by a recognized courier service; (ii) upon receipt if delivered by certified or registered United States mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, (iii) by electronic mail. Notices sent to Solv Health should be sent to [email protected] and/or to Solv Health, Inc., Attention: Legal Department, 1423 Broadway Ste 312, Oakland, CA 94612. Where notices are sent to you, Solv Health shall use the contact information we have on file for you and associated with your account.
Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and Solv Health may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
Contact Us. Please direct any questions and concerns regarding these Terms to us by email at [email protected] or by mail at Solv Health, Inc., 1423 Broadway Ste 312, Oakland, CA 94612.