Terms of Use
Welcome! This is a website offered by Appa Health, Inc., on behalf of itself and its affiliates (“Appa Health,” “we,” or “us”). This Terms of Use Agreement, including the Privacy Policy {insert hyperlink}, which is incorporated herein by reference, and any documents, policies, rules and other terms that are expressly incorporated herein by reference (collectively, this “Agreement”), sets forth a legally binding agreement between you (“you” or “your”) and Appa Health, and governs, and explains, the terms by which you may use our website and/or our web-based or mobile applications (collectively, the “Site”)
By accessing or using the Site, or by clicking to accept this Agreement when this option is made available to you, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Appa Health Privacy Policy {insert hyperlink} whether or not you are a registered user of our Site. Appa Health reserves the right to make unilateral modifications to this Agreement and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Site (“Users”). Please read this Agreement carefully to ensure that you understand each provision before using the Site.
Arbitration Notice and Class Action Waiver: This Agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
1. Use of our Site
A. Eligibility
This Agreement is a contract between you and Appa Health. You must read and agree to this Agreement before using the Site. If you do not agree to this Agreement, you may not use the Site. You may use the Site only if you can form a binding contract with Appa Health, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. By accessing or using the Site, or by clicking to accept this Agreement when this option is made available to you, you represent and warrant that you are at least the age of majority in your state of residence, and are legally entitled to enter into this Agreement. Any use or access to the Site by anyone under 13 is strictly prohibited and in violation of this Agreement. The Site is not available to any Users previously removed from the Site by Appa Health.
B. Access to the Site
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site as permitted by the features of the Site. Appa Health reserves all rights not expressly granted herein in the Site and the Appa Health Content (as defined below). Appa Health may terminate this license at any time for any reason or no reason.
C. Site Rules
You may use the Site and all associated content solely for your personal use. To access parts of the Site, you may be asked to provide certain, sometimes personal, information, the collection, storage and use of which would be subject to the Privacy Policy. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.
You agree not to engage in any of the following prohibited activities when accessing or using the Site: (i) copying, distributing, selling, reselling, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to the Appa Health servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Appa Health grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site; (vii) collecting or harvesting any personally identifiable information, including account names, from the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Site; (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; (xii) bypassing the measures we may use to prevent or restrict access to the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; (xiii) using any device, software, or routine to interfere with the proper functioning of the Site; (xiv) violating or attempting to violate any security features of the Site; or (xv) reverse-engineering, decompiling, disassembling or otherwise reducing or attempting to reduce to a human-perceivable form any of the source code used by us in providing the Site.
Accessing any audiovisual content that may be available on the Site for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Site. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Site to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change all or part of the Site; stop providing the Site or features of the Site, to you or to Users generally; or create usage limits for the Site. We will not be liable if, for any reason, all or part of the Site is ever unavailable. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Appa Health Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Appa Health shall have no liability for your interactions with other Users, or for any User’s action or inaction.
D. User Covenants
By accessing or using the Site, you agree to, acknowledge, and represent as follows: (i) you will comply with all applicable federal, state or local laws in using the Site, and you will not perform or fail to perform any act that you know or reasonably should know would place us or our affiliates in violation of any applicable law; and (ii) you have the authority and capacity, under the laws of the state or jurisdiction in which you reside, to make the representations and warranties and be bound by the covenants provided herein.
E. Account Access Information
In the event you are required to create an account to access any part of the Site, you must treat your account information (including, without limitation, your username, password, and any other piece of information required as part of our security procedures) as confidential, and you must not disclose the foregoing to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person or entity with access to the Site, or portions of it, using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You agree to be responsible for any use of the Site, or portions of it, using your username, password, or other security information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, if you have violated any provision of this Agreement.
2. Our Proprietary Rights
When accessing and using the Site, you agree to obey the law and to respect the intellectual property rights of others. The Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (collectively, the “Appa Health Content”), and all intellectual property rights related thereto, are the exclusive property of Appa Health and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Appa Health Content. Use of the Appa Health Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You acknowledge and agree that you do not acquire any ownership rights by accessing or using the Site.
You may choose to, or we may invite you to, submit comments or ideas about the Site, including, without limitation, about how to improve the Site or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Appa Health under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Appa Health does not waive any rights to use similar or related ideas previously known to Appa Health, or developed by its employees, or obtained from sources other than you.
3. No Professional Advice
If the Site provides professional information (for example, medical, legal, or financial), such information is provided on an “as-is and “as-available” basis and is for informational purposes only and should not be construed as professional advice. Please remember when reviewing information on the Site that such information may not represent the complete information available on a subject. No action should be taken based upon any information contained in the Site. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
4. Privacy
We care about the privacy of our Users. You understand that by using the Site you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.
5. Security
Appa Health cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
6. Accessibility
We are committed to helping those with disabilities access the Site. We strive to provide an excellent online experience for all our guests – including those with sight, hearing, and other disabilities. If you have difficulty using or accessing any element of the Site or if you have any feedback regarding accessibility of the Site, please feel free to contact us at info@appahealth.com.
7. Third Party Links and Information
The Site may contain links to third-party materials that are not owned or controlled by Appa Health. Appa Health does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Site on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Appa Health’s Privacy Policy do not apply to your use of such sites. You expressly relieve Appa Health from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Appa Health shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
If we provide links to social media platforms, such as Instagram, Facebook or Twitter, and you choose to visit any such social media platforms through our links, please note that the personal information you post, transmit, or otherwise make available on or through such social media platforms may be viewed by the general public. We are not responsible for any third-party use of any such content or information, including, without limitation, personally identifiable information, that you have posted, transmitted, or otherwise made available on such social media platforms.
8. Indemnity
You agree to defend, indemnify and hold harmless Appa Health and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited, to attorney’s fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including, without limitation, misleading, false, or inaccurate information; (vi) your willful misconduct; (vii) any other party’s access and use of the Site with your unique username, password or other appropriate security code; or (viii) your dispute with another User. This indemnification obligation will continue after you stop using the Site. We reserve the right to assume the exclusive defense and control of any claim and matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
9. No Warranty
The Site is provided on an “as is” and “as available” basis. Use of the Site is at your own risk. To the maximum extent permitted by applicable law, the Site is provided without, and we expressly disclaim, 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 Appa Health or through the Site will create any warranty not expressly stated herein. Without limiting the foregoing, Appa Health, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Site will meet your requirements; that the Site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Site is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Site.
Appa Health does not warrant, endorse, guarantee, or assume responsibility for any product or site advertised or offered by a third party through the Site or any hyperlinked website or site, and Appa Health will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Appa Health, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this Site. Under no circumstances will Appa Health be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Site or your account or the information contained therein.
To the maximum extent permitted by applicable law, Appa Health assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content on the Site; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Site by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or (vii) the defamatory, offensive, or illegal conduct, or any other conduct, of any third party. In no event shall Appa Health, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding $100.00.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Appa Health has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
The Site is controlled and operated from facilities in the United States. Appa Health makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including, but not limited to, export and import regulations. You may not use the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the United States.
11. Governing law, arbitration, and class action / jury trial waiver
A. Governing Law
You agree that: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Alameda County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Alameda County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
B. Arbitration
(Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Appa Health.)
For any dispute with Appa Health, you agree to first contact us at info@appahealth.com and attempt to resolve the dispute with us informally. In the unlikely event that Appa Health has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Alameda County, California, unless you and Appa Health agree otherwise, with an arbitrator having expertise in the subject matter of the dispute. If you are using the Site for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Site for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Appa Health from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises.
C. Class Action/Jury Trial Waiver
With respect to all persons and entities, regardless of whether they have obtained or used the site for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. To the fullest extent permitted by applicable law, you agree that, by entering into this Agreement, you and Appa Health are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
12. General
A. Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Appa Health without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. We may assign our rights and duties under this Agreement to any party at any time without notice to you and without your express consent.
B. Notification Procedures and Changes to the Agreement
Appa Health may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Appa Health in our sole discretion. 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. Appa Health reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Appa Health is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Appa Health may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page and notify you that material changes have been made to the Agreement. Your continued use of the Site after any such change constitutes your acceptance of the new Agreement. If you do not agree to any of these terms or any future Agreement, do not use or access (or continue to access) the Site.
C. Entire Agreement/Severability
This Agreement, which includes the Privacy Policy and all other documents, policies, rules and other terms that are expressly incorporated herein by reference, together with any amendments and any additional agreements you may enter into with Appa Health in connection with the Site, shall constitute the entire agreement between you and Appa Health concerning the Site, and supersedes any agreements previously existing between the parties with respect to such subject matter. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
D. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Appa Health’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any of this Agreement.
E. California Residents
The provider of services is: Appa Health Inc, 686 Florence Ave. Oakland CA, 94618, info@appahealth.com. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Sites of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
This Agreement was last modified on November 17, 2021.