Last Updated: July 28, 2026.
HEALTH LIVES HERE IS NOT A MEDICAL CARE SERVICE OR HEALTH CARE PROVIDER.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY CALL 911 IMMEDIATELY.
Tollo Care, LLC d/b/a Health Lives Here (“Health Lives Here,” “we,” or “us”) wishes to obtain the benefit of your use and feedback as an alpha tester of the Health Lives Here mobile application (the “App”) and website and portal at healthliveshere.ai (the “Website”) (the App and Website, together, the “Application”). Please carefully read these Terms and Conditions (“Terms and Conditions” or “Agreement”) and our Privacy Policy, which is incorporated into these Terms and Conditions by this reference.
BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE APPLICATION, DOWNLOADING OR USING THE HEALTH LIVES HERE APP OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT THESE TERMS AND CONDITIONS ARE ENTERED INTO BETWEEN YOU AND HEALTH LIVES HERE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT OR USE THE APPLICATION. IF YOU ARE A COMPANY OR OTHER BUSINESS ENTITY, YOU HEREBY AGREE THAT THE PERSON ACTING ON YOUR BEHALF OR PURPORTING TO ACT ON YOUR BEHALF HAS AUTHORITY TO AGREE TO THESE TERMS ON BEHALF OF THE COMPANY. IF YOU ARE AN INDIVIDUAL WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS AND CONDITIONS ON BEHALF OF A COMPANY OR OTHER BUSINESS ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ACT ON BEHALF OF THAT ENTITY.
THE APPLICATION DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY HEALTH CARE PROVIDER OR PHARMACY. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE APP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
Health Lives Here owns and operates the Application, which is designed to support whole-person health, wellness, behavior change, goal setting, reminders, engagement, and personalized coaching. Depending on the features you choose to use, the Application may include wearable-data connections, biometric and wellness insights, calendar features, location-based personalization, AI coach interactions, AI voice features, nutrition-related inputs, telehealth access, wellness coaching, peer community features, and other health and wellness functionality. Your access and use of the Application, any part thereof, or anything associated therewith, and any products or services provided through the Application or otherwise by Health Lives Here are governed by these Terms and Conditions (“Terms and Conditions” or “Agreement”).
The Application collects and stores health-related information on a voluntary basis. The Application is not monitored by any health professional. You understand and agree that the Application is solely informational in nature and shall in no way constitute the provision of health, medical or psychological care or treatment to you and shall not be relied upon by you as health, medical or psychological care or treatment. The Application cannot and does not guarantee any type of specific health-related result, outcome or change. The Application shall not take the place of the professional medical advice you receive via your consultation with a physician, nurse, counselor or health professional of any kind.
The Application provides a conduit to facilitate your access to an independent provider of internet-based healthcare services (the “Telehealth Services”) solely as a convenience to you. For clarity, regardless of whether the Telehealth Services are provided through a portal connected to the Application or within the Application itself, Tollo Care is not the provider of such Telehealth Services. Rather, the provider of Telehealth Services is MDI Medical Group PC (“MDI”) and its independent contracted, licensed physicians (collectively, the “Telehealth Services Platform”), which is an independent third party; its services are subject to its own terms and conditions and privacy policy which we encourage you to review prior to utilizing any Telehealth Services. Health Lives Here shall have no liability of any kind for the Telehealth Services.
The Application also facilitates the filling of any prescriptions prescribed through the Telehealth Services Provider. In the event that you are provided with a prescription as a result of your use of the Telehealth Services, such prescriptions must be filled by Corexa Pharmacy, LLC (the “Pharmacy”), which is an affiliate of Health Lives Here.
Please read this Agreement carefully because it sets forth the important terms you will need to know about the Application. In this Agreement, the terms “you” and “yours” refer to the person using the Application. THE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.
Your access to and use of the Application is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Application or any information or content provided through the Application, except as necessary to review this Agreement. The Application is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Application in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting. Unless otherwise indicated, any new content, functionality or features added to the Application is also subject to this Agreement upon posting. You should check the Terms and Conditions from time to time when you use the Application to determine if any changes have been made. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Application. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.
We are a technology company that makes available to registered users of the Application (“Users”) certain products and services sold or offered by Health Lives Here, the Telehealth Services, the Pharmacy and/or other vendors. With respect to the Telehealth Services and the Pharmacy, we act solely as a technology provider to connect you with, and facilitate your receipt of services from, the Telehealth Services Platform and Pharmacy. While we may collect from you certain intake information necessary for the Telehealth Services Platform to provide to you a consultation and collect the fees on behalf of the Telehealth Services Platform for the consultation, we do not control or interfere with the provision of medical care provided by the Telehealth Services Platform or provision of pharmaceutical products by the Pharmacy. Health Lives Here makes no representations or warranties about the suitability, reliability, timeliness or accuracy of the products or services provided by the Telehealth Services Platform or the Pharmacy. By accepting this Agreement, you acknowledge and agree that Health Lives Here is not a healthcare provider and that by using the Application, you are not entering into a patient-provider or other healthcare provider relationship with Health Lives Here. By using the Telehealth Services or fulfilling a prescription with the Pharmacy, you may, however, be entering into a healthcare patient-provider relationship with the Telehealth Services Platform and the Pharmacy.
By accepting this Agreement, you acknowledge and agree that the Telehealth Services Platform and/or the Pharmacy may send you messages (including text messages), reports, and emails via the Application regarding your prescription and/or treatment. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that Health Lives Here will not be responsible in any way and you will not hold Health Lives Here liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from any Telehealth Services Platform or the Pharmacy.
While you are not establishing a patient-provider relationship or other healthcare provider-patient relationship with Health Lives Here by using the Application, you are establishing a direct customer relationship with Health Lives Here to use the Application to store and analyze your health information from wearable devices, provide access to healthcare services provided by the Telehealth Services Platform, facilitate the filling of prescription from the Pharmacy and other services. In connection with such relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy. Please refer to the “Privacy Policy” section and the “Protected Information” section below for additional information.
At this time, the App is free of charge. However, we reserve the right to introduce fees for the App in the future for premium features that you may elect to use on a voluntary basis. The fees for such premium features will be charged on a regular basis through the Apple App Store or Google Play.
As noted above, the Telehealth Services Platform is an independent third party. Your access and use of the Telehealth Services Platform’s is subject to your compliance with (i) MDI’s Privacy Policy and Terms of Use, each as located on mdintegrations.com and as amended, updated, and supplemented from time to time by MDI.
You understand and acknowledge that it is the policy of MDI and its network of providers (each, a “Provider”) to strictly require that all payments for consultations shall be solely on a self-pay-basis and that none of you, Health Lives Here, a Provider, or MDI on your behalf shall support, accept, or authorize, or make, or participate in making claim(s) to medical insurance, HMOs, Medicare, Medicaid, nor to any other third-party payor(s) for payment or reimbursement for any medical professional’s fees for consultations rendered under this Agreement.
Health Lives Here will be collecting all fees for the consultations on behalf of MDI as an administrative service.
You will not be able to obtain a prescription product unless you have completed a consultation with the Telehealth Services Platform, Telehealth Services Platform has determined the prescription product is appropriate for you, and the Telehealth Services Platform has written a prescription, in which case you may fill it through the Pharmacy. You agree to permit the Pharmacy to receive the transfer of your prescription(s) from Health Lives Here.
The prescription product will be shipped and delivered by the Pharmacy. You are responsible for the cost of the prescriptions you receive from a Pharmacy and any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”), as well as administrative fees, delivery, shipping and handling charges.
The Application is currently only available to individuals who are located in the United States of America and in the states in which we offer the Application, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement. By visiting, accessing, registering with or using the Application, you are (a) representing and warranting to us that you satisfy all of these eligibility requirements, (b) agreeing to comply with all applicable laws in visiting, accessing, registering with or using the Application, and (c) agreeing that you will only use the Application for lawful purposes. The Application is subject to all applicable laws and regulations and may change from time to time due to changes in applicable regulatory requirements.
Certain products and services available through the Application are subject to additional age restrictions, and not all products or services available via the Application are available to all ages.
You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the Application) to enable use of the Application, including but not limited to, a computer or mobile device and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Application. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Application, including without limitation any information on an intake form for a consultation with a Provider via the Telehealth Services Platform, which information will be relied upon by the Provider and the Telehealth Services Platform. We reserve the right to change the access configuration, including any software, hardware or other requirements of the Application at any time without prior notice.
Health Lives Here understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we may collect, use and disclose your personal information. Your agreement to these Terms and Conditions is also an agreement to our Privacy Policy.
When you set up an account with Health Lives Here, you are creating a direct customer relationship with Health Lives Here that enables you to access and/or utilize the various functions of the Application as a user. As part of that relationship, you provide information to Health Lives Here, including but not limited to your name, date of birth, email address, shipping address, phone number, insurance information and billing information, that we may collect, use and disclose in accordance with our Privacy Policy, and that we do not consider to be “health” or “medical” information.
However, in using certain components of the Application, you may also provide certain medical information that may be protected under applicable laws. Health Lives Here may or may not be a “covered entity” or “business associate” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”), and Health Lives Here may in some cases be a “business associate” of a Provider or the Pharmacy. It is important to remember that, while state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with Health Lives Here. To the extent Health Lives Here is deemed a “business associate” however, and solely in its role as a business associate, Health Lives Here, may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that is provided to Health Lives Here by the Telehealth Services Platform, a Provider or the Pharmacy (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.
By using the Application, you are: (i) agreeing that even if HIPAA does apply to Health Lives Here, any information that you submit to Health Lives Here that is not intended and used solely for prescription fulfillment by the Pharmacy, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information; and (ii) authorizing Health Lives Here to access your PHI to assist the Pharmacy coordinate and administrate medical, pharmaceutical and nutraceutical care.
You are obligated to register and set up an account in the Application in order to access the Application, and the Application is available only to Users who have registered and have been granted accounts with usernames and passwords. You agree to accurately maintain and update any information about yourself and any party that you have provided to Health Lives Here, the Telehealth Services Platform, a Provider or the Pharmacy. If you do not keep such information current, or fail to submit truthful, accurate and complete information, or we have reasonable grounds to suspect as much, or if you violate this Agreement, then we have the right to suspend or terminate your account and your use of the Application. You also agree to immediately notify Health Lives Here of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Application by emailing Health Lives Here at privacy@healthliveshere.ai. In addition, you agree to keep confidential your username and password and to exit from your User account at the end of each session. Health Lives Here explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section or for any termination or suspension of your account. You may not use anyone else’s account at any time.
When establishing an account, you will be required to provide a username and password that will be used as your login for your account. To help protect the privacy of data you transmit through the Application, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, we take steps to protect the User data we collect against unauthorized access. However, you should keep in mind that the Application and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access the Application and information about you, including medical information, contained in the Application. It is your responsibility to affirmatively log out from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your phone, computer and other devices, and to protect the confidentiality of your username and password.
You must exercise caution, good sense, and sound judgment in using the Application. You are prohibited from violating, or attempting to violate, the security of the Application. Any such violations may result in criminal and/or civil penalties against you. Health Lives Here may investigate any alleged or suspected violations and if a criminal violation is suspected, Health Lives Here may cooperate with law enforcement agencies in their investigations.
Copyright 2026. All rights reserved. The Application and the information available through the Application are owned or licensed by Health Lives Here and are protected by copyright laws throughout the world. Subject to this Agreement, Health Lives Here grants you a limited, non-transferable, revocable license to access and use the Application for your personal use. Unless otherwise specified by Health Lives Here in a separate license, your right to use the Application is subject to this Agreement and all rights in the Application are reserved by Health Lives Here. You agree that, except as expressly otherwise provided, Health Lives Here and its suppliers own all rights, title and interest in the Application (including but not limited to, any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application. Health Lives Here’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Application are the trademarks of Health Lives Here and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Application are the property of their respective owners.
The App may allow you to connect wearable devices, mobile health platforms, calendar accounts, location permissions, and other integrations and integrate data, including biometric and other health-related information (collectively, “Connected Data”) into the Application. These features depend on your authorization, device settings, third-party service availability, and the accuracy of third-party data sources. You are responsible for reviewing and managing permissions through your device, operating system, wearable account, health platform, calendar account, and App settings. Calendar access, location access, and push notifications are optional and depend on the permissions you choose to grant; if you disable permissions or disconnect an integration, some App features may be unavailable or less personalized.
Wearable, biometric, calendar, location, and other Connected Data may be incomplete, delayed, inaccurate, or unavailable. Health Lives Here is not responsible for the accuracy, availability, or performance of third-party devices, app stores, health platforms, operating systems, calendar providers, wearable manufacturers, or integration providers.
The App includes an AI coach, AI voice recognition and AI-powered recommendations, summaries, and personalization features. You are responsible for the prompts, messages, voice inputs, journal entries, goals, feedback, calendar permissions, location permissions, wearable integrations, nutrition information, and other content you provide or authorize through the App (collectively, “User Content”). We use proprietary and open-source AI models hosted on Health Lives Here-controlled secure GPU infrastructure provided by Massed Compute and Google Cloud Platform ("GCP"). All AI interactions and voice processing are performed on our own secure infrastructure. Where any service provider creates, receives, maintains, or transmits PHI on Health Lives Here’s behalf, Health Lives Here maintains a Business Associate Agreement with that provider as required by HIPAA. AI outputs are generated probabilistically and may not be reviewed by a human professional before they are shown to you.
You agree that you will not use AI outputs as the sole basis for diagnosis, treatment, medication changes, nutrition plans, exercise regimens, or safety decisions. The App does not provide medical advice, diagnosis, treatment, therapy, psychiatric care, professional nutrition counseling, emergency services, or crisis response except for telehealth services separately provided by the Providers via the Telehealth Services Platform and governed by separate consents, intake forms, notices, and professional terms.
AI-GENERATED RECOMMENDATIONS, INSIGHTS, SCORES, SUMMARIES, VOICE OUTPUTS, REMINDERS, AND OTHER CONTENT MAY BE INCOMPLETE, INACCURATE, OUTDATED, OR INAPPROPRIATE FOR YOUR CIRCUMSTANCES. THE APPLICATION IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL JUDGMENT, DIAGNOSIS, TREATMENT, THERAPY, NUTRITION COUNSELING, OR EMERGENCY CARE.
YOU SHOULD CONSULT QUALIFIED HEALTHCARE, MENTAL HEALTH, NUTRITION, FITNESS, OR OTHER PROFESSIONALS BEFORE MAKING DECISIONS THAT MAY AFFECT YOUR HEALTH, TREATMENT, MEDICATION, DIET, EXERCISE, OR SAFETY. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE BECAUSE OF ANYTHING PROVIDED THROUGH THE APPLICATION.
IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, MENTAL HEALTH CRISIS, OR OTHER EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY. THE APPLICATION IS NOT DESIGNED TO DETECT, MONITOR, OR RESPOND TO EMERGENCIES.
The App may include a peer community feature (the “Locker Room”) that allows users to interact with and support one another in a pseudonymous (at your option), protected peer group. Posts and interactions in the Locker Room may be shown without your legal name (i.e., pseudonymously using a nickname); provided, however, that pseudonymity is not a guarantee of anonymity, confidentiality, or security.
THE LOCKER ROOM IS A PEER SUPPORT SPACE ONLY. IT IS NOT A SOURCE OF MEDICAL, MENTAL HEALTH, NUTRITION, OR PROFESSIONAL ADVICE, AND NO STATEMENT BY ANOTHER USER SHOULD BE RELIED UPON AS PROFESSIONAL ADVICE.
You are solely responsible for the content you post, share, or transmit in the Locker Room. You should not post information you do not have the right to share, and you should avoid disclosing sensitive personal information, protected health information about yourself or others, or information that could identify you or another person.
Health Lives Here may, but is not obligated to, monitor, moderate, restrict, remove, or edit community content in the Locker Room, and may suspend or remove users who violate these Terms and Conditions or any other community standards. Health Lives Here does not endorse and is not responsible for user-generated community content, and your interactions with other users are at your own risk.
You are invited to use and evaluate the Application, and we welcome your feedback, ideas, suggestions, improvements, and the like with respect to the Application (“Feedback”); provided, however, that all Feedback provided either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) will be the sole property of Health Lives Here. You agree to assign, and hereby assign, all right, title, and interest worldwide in the Feedback and the related intellectual property rights to Health Lives Here and agree to assist Health Lives Here, at Health Lives Here’s expense, in perfecting and enforcing such rights. Health Lives Here may disclose or use Feedback for any purposes whatsoever without any obligation to you. For clarity, no royalty or attribution obligation is due to you as a result of your assigning your Feedback to Health Lives Here.
Subject to any limitations on PHI described below, any information you transmit to Health Lives Here via the Application, whether by direct entry, submission, email, chat or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary and will become the property of Health Lives Here. Subject to any applicable account settings that you select, you grant Health Lives Here a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sub-licensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Submissions (in whole or in part) for any purpose, including without limitation, operating and providing the Application to you and to our other users, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. Health Lives Here shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Health Lives Here via the Application or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Submissions has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Health Lives Here, are responsible for all Submissions that you provide to the Application. In addition to the foregoing, Health Lives Here shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that Health Lives Here deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission. Subject to applicable law, Health Lives Here reserves the right to maintain, delete or destroy all Submissions, communications and materials posted or uploaded to the Application pursuant to its internal record retention and/or content destruction policies.
If a Submission you make contains Protected Information, Health Lives Here’s rights under this section with respect to the use or disclosure of such Protected Information will be limited as and to the extent required under applicable law.
Any use or attempted use of the Application (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Application, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by Health Lives Here to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by Health Lives Here, (vii) to reverse engineer, disassemble or decompile any section or technology on the Application, or (viii) for any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Application, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Health Lives Here representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Application’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Application or any portion of the Application by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Application or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Application, or copy, download, distribute or reproduce any content or information on the Application; or (p) assist or permit any person in engaging in any of these activities.
The Application is intended for use only on a mobile phone that runs an unmodified manufacturer approved operating system. Using the Application on a mobile phone with a modified operating system may undermine security features that are intended to protect your personal information from unauthorized or unintended disclosure. As a result, you may compromise your personal information if you use the Application on a mobile phone that has been modified. Use of the Application on a mobile phone with a modified operating system is a material breach of these Terms and Conditions.
Health Lives Here reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User’s access and/or account. Health Lives Here may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Except as may be provided in the Privacy Policy or prohibited by applicable law, Health Lives Here reserves the right at all times to disclose any information as Health Lives Here deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Health Lives Here’s sole discretion.
Health Lives Here respects the intellectual property of others and asks that users of our Application do the same. In connection with our Application, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our Application who are repeated infringers of intellectual property rights, including copyrights. If you believe that information on our Application is unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to Health Lives Here:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
To contact us about this issue, please send an email to legal@healthliveshere.ai
Health Lives Here reserves the right to monitor general use of the Application at any time as it deems appropriate and to remove any materials that, in Health Lives Here’s sole discretion, may be illegal, may subject Health Lives Here to liability, may violate this Agreement, or are, in the sole discretion of Health Lives Here, inconsistent with Health Lives Here’s purpose for the Application.
Parties other than Health Lives Here, including without limitation, the Telehealth Provider, the Providers, the Pharmacy, pharmaceutical and nutraceutical manufacturers, the manufacturers and providers of wearable technologies (e.g., watches, rings), providers of other Connected Data, the manufacturer of your device, merchant solution providers, delivery partners, and any other third-party mobile application or website to which our Application may contain a link (collectively, “Third Parties”) provide services or sell products through the Application, and Health Lives Here may also make available to you certain services, devices, items or products manufactured, distributed or sold by Third Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and Services and any interactions with Third Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Application and disclosing personal information.
You agree that Health Lives Here shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Application, any Third-Party Goods and Services or your interactions with any Third Parties. In the event of any dispute between you and any Third Party, any other User or any other entity or individual, you understand and agree that Health Lives Here is under no obligation to become involved in such dispute, and you hereby release and indemnify Health Lives Here, its affiliates and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Health Lives Here Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Application or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Certain of Health Lives Here’s shareholders, directors, officers, employees, contractors or agents (collectively, “Health Lives Here Owners and Personnel”) may have a financial interest in one or more Third Parties, and may profit from your use of the Third Parties and/or the sale of Third-Party Goods and Services to you. Any such financial interest by Health Lives Here Owners and Personnel shall not affect your release and indemnity.
All products and services offered for sale by Health Lives Here are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed. You are responsible for any applicable Taxes due with respect to your purchase of products or services through our Application. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
Only valid payment methods acceptable to us may be used to complete a purchase via the Application. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable Taxes, administrative fees, delivery, shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the delivery or shipment. In connection with any purchase you make through the Application, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your delivery or shipping address, your phone number and/or your email address. By submitting such information, you grant Health Lives Here without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, sellers on the Application) for the purpose of facilitating the transaction.
All credit card, debit card and other monetary transactions on or through the Application occur through an online payment processing application(s) accessible through the Application. This online payment processing application(s) is provided by Health Lives Here’s third-party online payment processing vendors, including for example only, Stripe and PayPal (the “Payment Processors”). Additional information about the Payment Processors, their privacy policies and their information security measures (collectively, the “Payment Processor Policies”) should be available on the Payment Processors’ websites or by contacting them directly. Reference is made to the Payment Processor Policies for informational purposes only and are in no way incorporated into or made a part of Health Lives Here’s Terms and Conditions for use or its Privacy Policy. Health Lives Here’s relationship with the Payment Processors, if any, is merely contractual in nature, as each Payment Processor is nothing more than a third-party vendor to Health Lives Here, and is in no way subject to Health Lives Here’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
You agree to pay any shipping, delivery and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping, delivery and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Application, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
We reserve the right to remedy User issues and concerns on a case-by-case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.
Health Lives Here may terminate your use of the Application or any of our features or services at any time and for any reason or no reason without notice, including, for example and without limitation, for conduct violating this Agreement, or if we discontinue the Application. The provisions of this Agreement concerning Application security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes (defined below), indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with Health Lives Here. You agree that if your use of the Application is terminated pursuant to this Agreement, you will not attempt to use the Application under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all Health Lives Here Parties harmless from any and all liability that any such Health Lives Here Parties may incur with respect thereto. Your permission to use the Application automatically terminates if you violate these Terms and Conditions.
Except as otherwise provided in the Privacy Policy or as required by applicable law (including any obligation to provide access to health records), we have no obligation, whether before or after the termination of your use of the Application, to return or otherwise provide to you or any third party on your behalf any information you provide to us, any information the Providers provided to us about or relating to you, or any other information that we may have that relates to you.
THE APPLICATION IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE APPLICATION IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. THE HEALTH LIVES HERE PARTIES AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES OR PROVIDING INFORMATION THROUGH THE APPLICATION, INCLUDING THE TELEHEALTH PROVIDER, THE PROVIDERS AND THE PHARMACY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE APPLICATION, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE APPLICATION. HEALTH LIVES HERE DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE APPLICATION. HEALTH LIVES HERE DOES NOT WARRANT THAT THE APPLICATION WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE HEALTH LIVES HERE PARTIES OR ANY THIRD-PARTY OFFERING PRODUCTS OR SERVICES OR PROVIDING INFORMATION THROUGH THE APPLICATION, INCLUDING THE TELEHEALTH SERVICES PLATFORM, THE PROVIDERS AND THE PHARMACY, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING ANY SERVICE, INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEALTH LIVES HERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE HEALTH LIVES HERE PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
You acknowledge that the Application is being offered in an Alpha version; accordingly, by its nature, the Application may contain errors, bugs, the possibility of human and machine errors, inaccuracies, omissions, delays, unavailability and losses, including the inadvertent loss of data which may give rise to loss or damage suffered by you, and you agree that you will not hold any Health Lives Here liable in any way whatsoever for the said loss or damage. You agree that you use the Application at your own discretion and risk and that you will be responsible for any loss or damage suffered by you and to your device, or loss, damage to or corruption of data that results from the use of the Application. There is no guarantee of the continuing functionality of Application. Because the Application is subject to change, Health Lives Here reserves the right to alter the Application at any time, and any reliance on the Application is at your own risk. YOU ACCEPT THE APPLICATION “AS IS”, “AS AVAILBABLE.” HEALTH LIVES HERE MAKES NO WARRANTY OF ANY KIND REGARDING THE APPLICATION. HEALTH LIVES HERE HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS.
Except as otherwise required by applicable law, if, notwithstanding the other provisions of these Terms and Conditions, any of the Health Lives Here Parties is found to be liable to you for any damages or losses which arise out of or are in any way connected to the Application or these Terms and Conditions, THE HEALTH LIVES HERE PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Health Lives Here will not be liable to you or any third party for any damage or loss of any kind whatsoever and howsoever caused, including any direct or indirect, special or consequential damage, loss of income, revenue or profit, lost or damaged data, or damage to your device, software or any other property, whether arising directly or indirectly in connection with any of the following: —
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE APPLICATION MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE APPLICATION.
You agree to defend, indemnify, and hold the Health Lives Here Parties and any third-party offering products or services or providing information through the Application, including the Telehealth Services Platform, the Providers and the Pharmacy, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Application, your fraud, violation of law, or willful misconduct, any breach by you of these Terms and Conditions or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
Any notices to you from Health Lives Here regarding the Application or this Agreement may be made by email, text message, a posted notice on the Application, or regular mail, in the sole discretion of Health Lives Here.
When you access or use the Application or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you via email or through the Application. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may preserve this Agreement in written form by printing it for your records, and you waive any other requirement that this Agreement be evidenced by a written document. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement.
This Agreement and any other agreements Health Lives Here may post on the Application or that you and Health Lives Here Health may execute from to time constitute the entire agreement between Health Lives Here and you in connection with your use of the Application and supersede any prior agreements between Health Lives Here and you regarding use of the Application, including prior versions of this Agreement.
YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND HEALTH LIVES HERE OR YOU AND ANY OF THE HEALTH LIVES HERE PARTIES OR THE PHARMACY, ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO HEALTH LIVES HERE, THE APPLICATION, OR ANY OTHER HEALTH LIVES HERE GOODS, SERVICES OR ADVERTISING, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM JAMS (formerly known as Judicial Arbitration and Mediation Services, Inc) (“JAMS”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY JAMS’S CONSUMER ARBITRATION RULES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
Payment of arbitration costs will be governed by the JAMS fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Health Lives Here will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Health Lives Here also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by JAMS. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
The arbitration shall be conducted in Hillsborough County, Florida, except that, in the event Hillsborough County, Florida is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
For more information on JAMS, its Rules and Procedures, and how to file an arbitration claim, you may call JAMS at https://www.jamsadr.com/contact.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and Health Lives Here agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in Hillsborough County, Florida, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in Hillsborough County, Florida, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in Hillsborough County, Florida for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.
You can opt out of the provisions of this Agreement that require the arbitration of Disputes within 30 days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with Health Lives Here. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with Health Lives Here to: Tollo Care, LLC d/b/a Health Lives Here, 3000 Bayport Drive; Suite 950B, Tampa, FL 33607, ATTN: Arbitration Opt-Out.
Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your User account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be mailed to Tollo Care, LLC d/b/a Health Lives Here, 3000 Bayport Drive, Suite 950B, Tampa, FL 33607, ATTN: Dispute Notice. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in this Agreement, if we make any future material modification to any provisions of this Agreement that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of this Agreement that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at Tollo Care, LLC d/b/a Health Lives Here, 3000 Bayport Drive, Suite 950B, Tampa, FL 33607, ATTN: Arbitration Opt-Out within 30 days of the effective date of such modifications.
This Application is controlled and operated by Health Lives Here from our offices within the State of Florida. Those who choose to access the Application from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Application from jurisdictions where the contents of the Application are illegal or penalized is prohibited.
The validity, interpretation, construction and performance of this Agreement will be governed by the Federal Arbitration Act and the laws of the State of Florida, without regard to any conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
Neither this Agreement, nor any content, materials, services or features of the Application create any partnership, joint venture, employment, or other agency relationship between you and Health Lives Here, the Telehealth Services Platform or the Pharmacy. You may not enter into any contract on our behalf or bind us in any way.
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Health Lives Here may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this Agreement to any affiliate of Health Lives Here or to another third party in the event that some or all of the business of Health Lives Here is transferred to such other third party by way of merger, sale of its assets or otherwise.
Any use of third-party software provided in connection with the Application, or any third-party product or service accessed or used in connection with the Application, will be governed by the applicable third party’s license or terms of use, and not by this Agreement. In addition, this Agreement, your use of the Application must comply with all applicable third party terms of agreement.
Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of the Health Lives Here Parties and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, and, except as specifically set forth in this Agreement, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.
If you have any questions or concerns about this Agreement, please contact us by email at support@healthliveshere.ai. We will attempt to respond to your questions or concerns promptly after we receive them.
Tollo Care, LLC d/b/a Health Lives Here · support@healthliveshere.ai
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