PLEASE READ THIS AGREEMENT OF SERVICE CAREFULLY
These Terms of Service (herein, “Agreement”) are entered into by and between you and Los Angeles County and its authorized service providers and agents, including but not limited to HealthCheck Systems, Inc. and its affiliates, (collectively, the “County”, “us”, “we” or “our”). This Agreement governs your use of the County website, associated mobile applications, COVID-19 test resources, and all other related services provided by the County (the “Services”). Please read this Agreement carefully. By using the Services and clicking the “I AGREE” button, you agree to be bound by all the terms and conditions contained herein. If you disagree with any of the terms of this Agreement, or find them unacceptable in any way, please do not use the Services. If you are accepting this Agreement on behalf of a legal entity other than yourself, you represent and warrant that you have full legal authority to bind such entity to this Agreement. You and the County may be referred to herein individually as a “Party” and collectively as the “Parties.”
INCORPORATED TERMS
The following additional terms are incorporated into this Agreement as if fully set forth herein:
- Privacy Policy
- HIPAA Consent
1. IMPORTANT NOTICES
- Privacy Policy. By using and/or visiting the Services, you represent that you have read, understand, and agree to all the terms and conditions of this Agreement, including our Privacy Policy (“Privacy Policy”) incorporated herein by reference. For SMS communications, including phone verification, please refer to our Privacy Policy for details on how user information, including phone numbers, is stored, shared, and used. This Agreement and its Privacy Policy are subject to the provisions of the California Consumer Privacy Act (“CCPA”), the U.S. Health Insurance Portability and Accountability Act (“HIPAA”), the European Union (“EU”) General Data Protection Regulation (“GDPR”), and other applicable privacy laws. Under these laws you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data.” Personal Data may also be referred to as Personally Identifiable Information (“PII”).
- COVID-19 Services. You understand and agree that Services may include a COVID-19 symptom checker, as well as features facilitating COVID-19 testing and reporting of test results to you. You agree that under our Privacy Policy, we may share your responses to the symptom checker, and your COVID-19 testing status and results in order to support the County’s decision-making regarding the health and safety of the County’s workforce and those with whom its workforce may interact.
- Modifications. We reserve the right to change, modify, add to, or otherwise alter this Agreement at any time, or to change or discontinue any aspect or feature of the Services without notice to you. We may further: (a) change our Services access and use procedures, documentation, security procedures and equipment standards, (b) change the type and location of our system equipment, facilities or software, or (c) modify or withdraw any Services component, or any of our databases, materials, products or systems. We reserve the rights to terminate access to the Services or take other actions we reasonably believe necessary to comply with the law or protect our rights or those of our users. Such changes, modifications, additions or deletions shall be effective immediately upon their availability via the Services. Any access or attempt to access or use the Services for any unauthorized or illegal purpose is strictly prohibited. You agree to review this Agreement periodically to be aware of such revisions. Your use of the Services after we post such changes, modifications, additions or deletions constitutes your acceptance of such changes, modifications, additions or deletions. Any dispute you may raise regarding the Services that arose before the modification, however, shall be governed by the version of the Agreement that was in place at the time the dispute arose. Notwithstanding the foregoing, we will notify you via email regarding any changes in the Privacy Policy, if you have provided your email address to us.
- Arbitration. THIS AGREEMENT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER. WHERE PERMITTED BY LAW, YOU UNDERSTAND AND AGREE TO SUBMIT TO ARBITRATION PROCEEDINGS TO SETTLE ANY DISPUTES HEREUNDER, THAT SUCH ARBITRATION WILL BE IN LIEU OF LITIGATION, AND EACH PARTY HEREBY WAIVES THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL IN FAVOR OF THE ARBITRATION PROCEEDING EXCEPT AS PERMITTED UNDER THIS AGREEMENT.
2. Not For Emergencies
YOU AGREE THAT THE SERVICES MAY NOT BE USED IN ANY SITUATIONS THAT MIGHT BE CONSIDERED A MEDICAL EMERGENCY OR REQUIRE THE IMMEDIATE CARE OF A HEALTHCARE PROVIDER. IF YOU BELIEVE YOU ARE IN AN EMERGENCY SITUATION, CALL 911 IMMEDIATELY. THE SERVICES DO NOT COMPRISE AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE, AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON SHOULD IMMEDIATELY DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONDER. THE COUNTY IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS MADE TO THE SERVICES.
3. Eligibility
- Age Requirement. You must be over the age of 18 to use the Services. By registering an account or using the Services, you represent that you meet this minimum age requirement.
- Capacity. You agree and have the legal right and capacity to: (i) enter into this Agreement, (ii) use the Services for your personal benefit and (iii) abide by the obligations in the Agreement.
4. Informed Consent to Receive Services
- General. You acknowledge and agree that you are making an informed consent decision to use the Services, and have been given all necessary and relevant information to make that decision.
- Services. We agree to provide the following Services:
- The County will arrange to test you for one or more conditions as requested by you via the Services, and authorized by a physician in accordance with applicable state laws (“Order”).
- The specimen collection will be conducted at a specified clinical laboratory (“Lab”). The test will be processed at the Lab in accordance with a valid Order.
- We will deliver educational information and/or your test(s) results to you through the Services and/or by other telephone, email, text message, or other HIPAA-compliant methods.
- Services conducted by us do not replace your existing relationships with your physician(s).
- Services will include COVID-19 symptom screening and applicable laboratory tests.
- We reserve the right to deny service in the event that we determine or suspect the potential misuse of the Services.
- Your Responsibilities.
- You are responsible for providing accurate information, including information we request about your medical history, existing conditions, allergies, current medications used, demographic information, or other health information, and for updating any such information to assure its accuracy. Failure to provide accurate information may cause us to place a restriction on your account and prevent you from receiving further Services.
- You agree to follow all recommendations, protocols and other instructions we provide or as may be provided by the Lab. You understand that, if you decide or fail to follow any of these instructions, then you will be taking an action contrary to professional advice.
- You agree to respond to our efforts to contact you, whether through the Services, or by telephone, email, text message, or other means. If you fail to respond to these attempts to contact you, or if you fail to view your test results within 14 days after they are made available to you, we reserve the right to contact you via other means including U.S. Mail or telephone.
- Your Acknowledgements.
- You understand that the Services we provide do not replace an existing primary care physician relationship and, in certain instances, will require follow-up care with a local healthcare provider.
- You understand that the testing may involve the collection of bodily fluids, tissue, and/or blood (each a “Sample”), in accordance with standard testing procedures, and that the phlebotomist may require you to complete additional paperwork before testing.
- You understand that while the tests performed on your Samples are approved by regulatory agencies and designed to detect the presence or absence of a specific disease or infection, they are not perfect or absolute. There is a statistical possibility that a test may yield a false positive or a false negative test result, which could result in an inadvertent misdiagnosis or delay in treatment.
- Provision of Medical Services by Electronic Means (“Telehealth”).
- You understand that the Services are or may be provided through “Telehealth,” by a combination of audio, visual, and store and forward technology, and are not appropriate for all medical issues AND SHOULD NOT BE USED IN EMERGENCY SITUATIONS.
- You understand that there are potential benefits associated with the use of Telehealth services, including improved access to medical care by enabling a patient to remain in his or her home, physician’s office or at a remote site while the physician obtains test results and consults from healthcare practitioners at distant sites, more efficient medical evaluation and management, and the possibility to obtain expertise of a distant specialist.
- You understand that there are potential risks associated with the use of Telehealth Services. These risks include, but may not be limited to, delays in medical evaluation and treatment due to limitations, deficiencies and/or failures of the technology. Additionally, while our facilities incorporate network and software security protocols to include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption, in rare instances, our security protocols could fail, causing a breach of privacy of your personal medical information.
- You further understand that:
- The laws that protect the privacy and confidentiality of medical information also apply to Telehealth.
- You have the right to withhold or withdraw your consent to the use of Telehealth in the course of your care at any time, without affecting your right to future care or treatment, although it may impact your ability to continue using the Services.
- You have the right to inspect all information obtained and recorded in the course of a telehealth interaction, and may receive copies of this information for a reasonable fee.
- A variety of alternative methods of medical care may be available to you, and you may choose one or more of these at any time.
- Telehealth may involve electronic communication of your personal medical information to other medical practitioners who may be located in other areas, including out of the state in which you reside.
- It is your duty to inform your Telehealth provider of interactions regarding your care that you may have with other healthcare providers.
- You may expect the anticipated benefits from the use of Telehealth in your care, but no results can be guaranteed or assured.
- You have a right to receive a copy of these Terms.
- Electronic Health Record. Your health care provider creates a medical record for you in its Electronic Health Record (“EHR”) system (your “Record”) and stores the Record in accordance with relevant medical record-keeping state requirements. Your Record is created to store your Personal Health Information (“PHI”), including information provided as part of your consultation. Information maintained in your Record may be relied on by physicians in providing care to you. You agree to provide accurate information and to update such information, as needed.
- Public Health Reporting. We may be required by law to disclose certain health information to federal, state and/or local public health agencies to report, prevent, or control disease, injury or disability. For example, certain positive test results require reporting to public health agencies. You may or may not be notified of these disclosures.
- Informed Consent. You have read and understand the information provided above, and have had the opportunity to discuss this information with your primary care physician or other healthcare provider, and all of your questions have been answered to your satisfaction. By clicking “Accept” or otherwise affirmatively indicating your agreement, you hereby give your informed consent for the Services to be provided, and you authorize us and any physician assigned to you by us to use Telehealth in the course of providing such Services.
5. Registration; Credentials Security
- To use some features of the Services, you will be required to register and provide certain information about yourself, including your e-mail address and password (“Credentials”). You may view certain public content provided by the Services without registering, however, in such case you will not be able to use the primary Services to engage in COVID-19 testing. Upon registering for an account within the Services as a member (“Member”), you must provide certain PII in order to register with us and fully engage the Services. The PII that you must disclose in order to register as a Member may include, without limitation, your name and address, e-mail address, telephone number, financial information and such other information as we may request from time-to-time in accordance with our Privacy Policy, which information will be stored within our systems in our records, or under your “Account” or “Profile.” You agree and acknowledge that your submission of PII to register for a Member account is voluntary and entirely at your own risk. You represent that you are engaging us to provide the Services under your own name, and you will not misrepresent your identity or impersonate another person.
- If you provide Credentials to us, you represent and warrant that you are authorized to provide these Credentials for use with the Services, and that the Credentials are and will be true and accurate throughout the Term of this Agreement. By providing your Credentials, you agree that we may store and use the Credentials in accordance with our Privacy Policy. Phone numbers collected during account registration will only be used for identity verification and account security purposes. These messages are necessary to ensure secure access to our Services.
- If you are registered with a Member account for the Services, you agree to keep your Credentials for login to the Services confidential and secure. You are responsible for controlling the access to and use of your account. You understand and agree that we assume that instructions we receive from your account are authoritative, and that we should act upon such instructions. You can opt out of receiving SMS messages at any time by replying ‘STOP’ to any message. Note that opting out of SMS messages may affect your ability to use services requiring phone verification. We are not responsible for any unauthorized access to your account or profile or the ramifications of such access, and we are not required to take action to disable any account. You agree that you will not bring any action against us arising out of or related to any claimed unauthorized access using your account Credentials. Your use of any Credentials other than as provided in this Agreement shall be considered a breach of this Agreement by you.
- Notwithstanding the foregoing, if we believe that there has been an unauthorized access to your account, we may take reasonable actions to disable or lock your account, or otherwise address your situation. If you believe someone has accessed the Services using your Credentials without your authorization, e-mail us immediately at
info@healthcheck.com.
6. LICENSE GRANT; LIMITATIONS
- Subject to the terms of this Agreement, we hereby grant you a limited, terminable, non-sublicensable, non-transferable, non-exclusive right to access and use the Services that are intended for public display or access, on a personal computer or mobile device owned or controlled by you. This license may be further limited by the applicable terms of service of the mobile app store from which you downloaded any mobile application used to access the Services, and the specific usage rules set forth therein. Any rights not explicitly granted in this Agreement are strictly withheld and reserved by us.
- You agree that (i) except in your normal use of the Services, you will not copy or distribute any part of the Services in any medium without our prior written authorization; (ii) you will not alter or modify any part of the Services other than as is necessary to use the Services for their intended purposes; and (iii) you will otherwise comply with this Agreement.
- We shall have no obligation to support your use of the Services in the event that: (i) you modify the Services (or any component thereof) without our prior written consent; (ii) you experience any error caused in whole or in part by persons other than us (including without limitation, your failure to properly enter or transmit data); or (iii) you experience any error caused in whole or in part by your use of the Services in association with operating environments and platforms other than those that we support.
- To the extent that the Services incorporate any third-party products, then, in addition to the terms set forth herein, you must comply with any additional terms, restrictions or limitations applicable to such third-party products. We have the right to subcontract performance of hosting, any payment processing and other services, in which event the service levels provided by the applicable third-party providers will be incorporated herein by reference.
- You shall procure, install and maintain all client-side equipment, data plans, Internet connections and other hardware necessary for you to connect to and access the Services. We are not responsible for equipment defects, lack of service, or other issues arising from third party services or equipment. You are responsible for all applicable data plan fees, subscription charges or other fees of any kind whatsoever that may be required by your carrier in order to access the Services.
7. RESTRICTIONS
- You agree that you will not violate any applicable law or regulation in connection with your use of the Services.
- You agree that you will not distribute, upload, make available or otherwise publish through the Services any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, graphics, text, information, links, profiles, personal information, name, likeness, audio, photos, software, music, sounds, video, comments, messages, posts, tags or similar materials (“Submissions”) that:
- are unlawful or encourage another to engage in anything unlawful;
- contain a computer virus or any other similar malicious software that may damage the operation of our or another’s computers;
- infringe upon any copyright, patent, trademark, trade secret, right of privacy, right of publicity or other right of any person or entity;
- are false, inaccurate, fraudulent or misleading; or
- are libelous, defamatory, obscene, inappropriate, abusing, harassing, threatening or bullying.
- You further agree that you will not do any of the following:
- modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Services;
- interfere with or disrupt the operation of the Services, including restricting or inhibiting any other person from using the Services by means of hacking or defacing;
- transmit to or make available in connection with the Services any denial-of-service attack, virus, worm, Trojan horse or other harmful code or activity;
- attempt to probe, scan or test the vulnerability of the Services or to breach our security or authentication measures;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure, as determined in our sole discretion;
- harvest or collect the email addresses or other Personal Data of other users of the Services;
- scrape or collect any content from the Services via automated means;
- submit or post false, incomplete or misleading information to the Services, or otherwise provide such information to us;
- register for more than one Member account; or,
- impersonate any other person, entity or business.
- In addition, we reserve the right to review, edit or remove any Submissions, however, we are not required to routinely screen, monitor or review Submissions on the Services. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY SUCH SUBMISSIONS, AND YOUR RELIANCE ON ANY INFORMATION CONTAINED THEREIN IS AT YOUR OWN RISK.
- You agree that you are not licensed or permitted to access any portion of the Services that we have not made public or accessible to users (whether registered or not), and you may not attempt to override any security measures in place on the Services.
- Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Services shall not be limited to violations of this Restrictions section.
8. Intellectual Property
- Software. You acknowledge that i) the software used to provide the Services, and all enhancements, updates, upgrades, corrections and modifications to such software (the “Software”), ii) all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the Software (or any enhancements, corrections or modifications) and iii) all documentation therefor, are the sole and exclusive property of us and/or our licensors. This Agreement does not convey title or ownership to you, but instead gives you only the limited use rights set forth herein. To the extent that you gain access to or receive any copies of the Software, you agree that you will delete such copies of the Software upon any termination of this Agreement, termination of your use of the Services, or at our request.
- Copyright Notice. The Services are operated by HealthCheck Systems, Inc. on behalf of the County. The entire contents and design of the Services are protected by U.S. and international copyright law. All rights regarding the Services are either owned by the County, are licensed to it, or are used with permission by the County and its licensors retain and reserve all proprietary rights to the contents of the Services.
- Digital Millennium Copyright Act (“DMCA”).
- DCMA Rights. The DMCA provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on the Services infringes a valid copyright owned by you, you (or your agent) may send the County a notice requesting that the material be removed, or access to it blocked. This request should be sent to: info@healthcheck.com; or, alternatively to: HealthCheck Systems, Inc., Attn: DMCA Registered Agent, 3415 S Sepulveda Blvd #1250, Los Angeles, CA 90034.
- DCMA Notice Requirements. Your DCMA notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services should be sent to the address above.
- Trademark Notice. The County names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of the County. All rights are reserved. You are not authorized to use any the County name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of the County. All other trademarks appearing on the Services are the property of their respective owners.
9. Representation and Warranties; Disclaimers
- Warranty. You represent and warrant to us that: (a) you are at least eighteen (18) years of age; and (b) your use of the Services will be in compliance with this Agreement.
- Medical Disclaimer. The Services are intended only as an information tool to assist both registered and unregistered users (collectively, “Users”) of the Services in managing such User’s own information regarding testing for infectious diseases. The County is not a health care provider and does not provide any therapeutic services to individuals. Users should receive care from their own health care providers, and should contact their own health care providers with questions regarding diagnosis, treatment or medication. The Services are not designed or intended to replace care from a User’s health care provider. To the extent that any health care services are offered to Users of the Services, those health care services are provided by the applicable provider and not by the County. You agree to release the County from any and all claims, demands, damages and liabilities, of any type and nature, arising out of or in any way connected with the provision of health care services by any such provider.
- USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS”, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COUNTY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, THE COUNTY, ITS PROCESSORS, LICENSORS, VENDORS, BUSINESS PARTNERS, AND ANY AND ALL PROVIDERS AND/OR TESTING LABS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT: (A) THAT THE CONTENT ON THE SERVICES IS ACCURATE, RELIABLE OR CORRECT; (B) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (C) THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (E) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
- WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COUNTY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- Downloadable Files and Email. The County cannot and does not guarantee or warrant that email or files available for downloading from the Services will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. the County does not assume any responsibility or risk for damage to your computer or its files related to your use of the Services.
10. Indemnity
BY USING THE SERVICES, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COUNTY AND ANY AFFILIATED ENTITY, THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, AND ANY AND ALL OF THE COUNTY’S LICENSORS, VENDORS, BUSINESS PARTNERS, AND ANY AND ALL PROVIDERS AND/OR TESTING LABS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) (COLLECTIVELY “THE COUNTY PARTIES”) FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAX ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) INCURRED BY THE COUNTY PARTIES ARISING OUT YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND.
11. Limitation of Liability
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF THE COUNTY PARTIES BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, OR FOR YOU AND YOUR EMPLOYER’S DECISIONS BASED ON USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION DECISIONS REGARDING WHETHER OR NOT YOU SHOULD REPORT TO WORK, CONTINUE TO WORK OR CEASE WORKING. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
12. Term; Termination
- The “Term” of this Agreement will continue until the Agreement is terminated as provided herein. We reserve the right to terminate this Agreement and/or deny all or some portion of the Services to you or any user, in our sole discretion, at any time. This Agreement shall commence upon our providing you with access to the Services and shall continue until terminated by its terms.
- You may terminate this Agreement at any time by ceasing use of the Services, and by closing your account. We may terminate this Agreement at any time by closing your account or otherwise denying you access to the Services.
- Without limiting the foregoing or assuming any additional legal obligations, we reserve the right to terminate violators of the Copyright Act, in accordance with applicable law. All rights that you grant to us herein related to Submissions shall survive any termination of this Agreement. Further, your representations, warranties and indemnification obligations herein shall survive any termination of this Agreement.
- Upon termination of the Agreement for any reason, your right to use the Services shall immediately cease. Termination of this Agreement shall not relieve either Party of any obligation accrued prior to the termination date or which by its nature should survive any termination of this Agreement.
13. Governing Law; Jurisdiction
- This Agreement is entered into and performed in the State of California, United States of America. It is governed by and shall be construed under the laws of California, exclusive of any choice of law or conflict of law provisions. To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Services or us, may only be brought by you in a state or federal court located in Los Angeles County, California. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN THE DISPUTE RESOLUTION LOCATION.
- The Services are provided by the County and do not constitute any contact with any jurisdiction outside the State of California. Use of the Services is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the Services illegal. Users in such jurisdictions visit and use the Services entirely at their own risk.
14. Dispute Resolution
- Disputes. If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact info@healthcheck.com with any dispute. If we cannot resolve your concerns, we agree to an informal dispute resolution process requiring individual arbitration. Disputes between you and the County, including its processors, suppliers or licensors or their respective affiliates, agents, directors or employees, are defined for the purposes of this Agreement to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and the County arising out of or related to your use of the Services (“Disputes”).
- Binding Individual Arbitration. YOU UNDERSTAND AND AGREE TO SUBMIT TO ARBITRATION PROCEEDINGS TO SETTLE ANY DISPUTES HEREUNDER, THAT SUCH ARBITRATION WILL BE IN LIEU OF LITIGATION, AND EACH PARTY HEREBY WAIVES THE RIGHT TO SUE IN COURT IN FAVOR OF THE ARBITRATION PROCEEDING EXCEPT AS PERMITTED UNDER THIS AGREEMENT. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST THE COUNTY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Los Angeles County, California, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, the County will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and the County also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns.
- Limitation on Time to Initiate a Dispute. Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
15. Links to Other Websites
The Services may contain links to third-party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by the County. You agree that you access any such website at your own risk, and that such website is not governed by the terms and conditions contained in this Agreement. The County expressly disclaims any liability for these websites. Please remember that when you use a link to go from the Services to another website, the Privacy Policy and related notices are no longer in effect. Your browsing and interaction on any other website, including those that have a link on the Services, is subject to that website’s own rules and policies.
16. General
- Entire Agreement. This Agreement constitutes the entire agreement between you and the County applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement. This Agreement describes the entire liability of the County and its vendors and suppliers, and your exclusive remedy with respect to your access and use of the Services. In the event of a conflict between this Agreement and any other the County agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. Anything on the Services inconsistent or in conflict with this Agreement is superseded by the terms of this Agreement.
- Severability. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
- No Waiver. This Agreement do not limit any rights that Company may have under trade secret, copyright, patent, or other laws. A Party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
- Assignment. You may not assign any rights or obligations under this Agreement without the County’s prior written consent. the County may assign all or part of this Agreement.
- Survival. All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.
- Headings. Headings are included for convenience only and shall not be considered in interpreting this Agreement.
17. Requests for Information
- Electronic Communications. Because we operate the Services on the Internet or as a mobile application, you consent to transact business with us electronically in order to use the Services. As part of such business, you also consent to our communicating disclosures and other information electronically. Under this Agreement, you agree to electronically receive all documents, communications, notices, disclosures, contracts, and agreements arising from or relating to your use of the Services, including your registration through our Services (each, a “Disclosure”). We will provide all Disclosures to you electronically through the Services or via electronic mail to the email address you provided. If you contact the County and request information about our programs or services, we will use your email or postal address to provide the information you requested. You agree that we may use and share such information you provide us as described in the Privacy Policy.
- Contact Information. Please contact us with any questions or concerns regarding this Agreement at:
- HealthCheck Systems, Inc.
- Attn: Information
- 3415 S Sepulveda Blvd #1250
- Los Angeles, CA 90034
- Email: info@healthcheck.com