These Terms of Service (“Terms”) govern your access to and use of the services provided by AnsibleHealth, Inc. (“Ansible Health”) through the Ansible Health websites located at http://www.ansiblehealth.com and other related websites, web-based applications, and mobile applications, as well as affiliated services provided by Ansible Professionals (described below) that include healthcare services. As used in these Terms, “Services” describes all of the software, technology, and services delivered by Ansible Health or the Ansible Professionals. “We”, “us”, or “our” refers to Ansible Health and the Ansible Professionals.

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Please read these Terms carefully before using the Services. By accessing or using the Services, you agree to be bound by these Terms.

These Terms provide that all disputes between you and us that in any way relate to these Terms or your use of the Services will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with us.

Healthcare Services
Ansible Health is an administrative services entity that is affiliated with and provides administrative services to Ansible Health Medical Group, P.A.; Ansible Professionals LLC; Ansible Health Medical Group of Kansas, P.A.; Ansible Health Medical Group of New Jersey, P.C.; and Ansible Health Medical Group of California, P.C. (collectively, as “Ansible Professionals”). Ansible Professionals’ Services include healthcare services, including home-based services and telehealth services. Ansible Health does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession by Ansible Professionals or other third parties.

You agree that these Terms govern your access to and use of the Services offered by Ansible Health and Ansible Professionals. If you use medical Services provided by Ansible Professionals, you will be required to sign a Healthcare Services Consent. Please read the Healthcare Services Consent carefully before electing to utilize the Services of Ansible Professionals.

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Privacy

Please refer to our Privacy Policy to learn how we use, share, and protect your protected health information.

Updates to the Terms
We may modify these Terms from time to time. We will notify you of material changes by posting the amended Terms on our website and the mobile application(s) at least fifteen (15) days before the effective date of the changes. If we have your email on file, we may also notify you of material changes to the Terms by email at least fifteen (15) days before the effective date of the changes. Please make sure we have your current email address so that you will receive notice of any material changes. If you do not agree with the proposed changes, you agree to discontinue your use of the Services before the effective date of the changes. If you continue using the Services after the effective date, you will be bound by the updated Terms.

Account Registration and Security
You may use the Services only for your own personal, non-commercial use. If you are a lawful authorized representative agreeing to these Terms and registering for the Services on behalf of another individual, you and the represented individual may only use the Services for personal, non-commercial use. To access certain features of the Services or to become a member, you will have to create an account by entering your name, address, and certain other information (collectively, “Account Information”). It is important that you provide us with accurate and complete Account Information and update as needed. You are responsible for protecting your account username and password and for all activities that occur under your account. You should immediately notify us of any unauthorized use of your account and if any information you provide relating to your account becomes inaccurate, incomplete, or otherwise false or misleading. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be responsible for any loss or damage if you do not protect your Account Information.

Service Use Termination
You may terminate these Terms by ceasing to access and use the Services. We may terminate your use of the Services at any time by sending notice to you at the address or email you provided or otherwise contacting you or posting a notice on the Services. If we terminate your use of the Services because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refunds for Services provided. We are not required to provide you with notice prior to terminating your use of the Services or provide a reason for such termination. In order to protect the integrity of the Services, we may, at any time in our sole discretion, block users from certain IP addresses from accessing the Services.

Use of the Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services solely for your personal and non-commercial purposes. Your use of the Services must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in the Services.
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You may not engage in the following with respect to the Services:

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• You will not promote, encourage, or engage in defamatory, abusive, libelous, obscene, threatening, harassing, hateful, or otherwise objectionable behavior;
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• You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, "data mine", or in any way reproduce, circumvent, avoid, bypass, remove, or deactivate the navigational structure, technical measures, or presentation of the Services or their contents;

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• You will not interfere, access, tamper with or disrupt the Services or the servers or networks connected to the Services;
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• You will not attempt to probe, scan, or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures;
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• You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs, or product names without our express written consent;
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• You will not use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
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• You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity;
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• You will not use, display, "frame", or "mirror" any part of the Services, our names, any of our trademarks, logos, or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us;
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• You will not collect or store any personal information, including personally identifiable information, from other users of our Services without their express permission;
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• You will not provide any inaccurate, incomplete, false or misleading information, including regarding your identity or medical condition, when using the Services;
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• You will not allow any other person to use your account, username, or password to access the Services, unless otherwise permitted herein; and
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• You will not assist or permit any person to engage in any of the activities described in this Section.

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Children
The Services are not intended for children. If you are under 18 years of age, please do not use or access the Services at any time or in any manner. By using the Services, you affirm that you are 18 years of age or older. We do not seek through the Services to gather personal information from or about persons under the age of 18.

Consent to Electronic Communications
You agree that we may send the following to you by email or by posting them on the Services: legal disclosures; these Terms; Privacy Policy; future changes to any of the foregoing; and other notices, policies, communications, or disclosures and information related to the Services. You agree that we may contact you via email, phone, text, or mail regarding prospective Services. Text messages and emails are not always secure because they travel over networks that we do not own or control.  You consent to receive such communications electronically. You agree to update your contact information to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and us.

You may opt out of certain types of electronic communications through your account or by following the unsubscribe instructions in any communication you receive from us. Your withdrawal of consent will be effective within a reasonable time after we receive notice of your withdrawal.

We will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – e.g., communications regarding updates to the Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by you. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.

Intellectual Property Rights
We and our licensors retain all ownership rights, title, and interest (including all intellectual property rights) worldwide to the Services, including to all software and content. No rights are granted to you other than as expressly set forth in these Terms. All trademarks, service marks, and trade names are owned by us or other respective owners.

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Intellectual Property Complaints

‍We respect the intellectual property of others. If you believe that your intellectual property rights are being infringed through our Services, please contact our agent to receive notification of alleged copyright infringement by sending written correspondence to Ansible Health Copyright Agent, 229 Polaris Avenue, St. 10, Mountain View, CA, 94043.

Links to Third Party Websites
The Services may contain links to other sites that are owned and operated by third parties. We are not responsible for the privacy and security practices or the content, advertising, products, services, or other materials made available on or through any such linked sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of any kind by us.

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As part of the Services, we may provide you with certain equipment manufactured by third parties. You agree to use such equipment in accordance with the applicable terms for the equipment. We are not responsible for any warranty claims for such equipment unless we agree otherwise.

No Endorsements
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name, or otherwise does not constitute or imply the endorsement or recommendation of such by us.

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Geographic Restrictions
We make no representation that all products, services, and/or material described on the Services are appropriate or available for use in locations outside the United States or all states and territories within the United States.

No Warranty
Access to the Services and the information contained therein is provided “as is” and “as available” without any warranty of any kind, express or implied. We do not warrant the accuracy, completeness, or timeliness of the materials on the Services and to the fullest extent permissible pursuant to applicable law, we disclaim all warranties of any kind, either express or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement, with respect to any information obtained through the Services. Without limiting the foregoing, we do not warrant that access to the Services will be uninterrupted or error-free, or that defects, if any, will be corrected; nor do we make any representations about the accuracy, reliability, currency, quality, completeness, usefulness, performance, security, legality, or suitability of the Services or any of the information contained therein. You expressly agree that your use of the Services and your reliance upon any of its contents is at your sole risk.
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Limitation of Liability
In no event shall we be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever resulting from any loss of use, loss of profits, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the Services or the provision of or failure to make available any products, goods, or services, even if advised of the possibility of such damages.

Choice of Law and Jurisdiction
These Terms are governed by the laws of Florida. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
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Dispute Resolution; Arbitration Agreement

We will work in good faith to resolve any issue you have with the Services if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to your satisfaction.

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You agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms or your use of the Services shall be determined by binding arbitration instead of in courts of general jurisdiction. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you are waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and us.

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If you desire to assert a claim against us, and you therefore elect to seek arbitration, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us should be addressed to: Ansible Health, 229 Polaris Avenue, St. 10, Mountain View, CA, 94043 (“Notice Address”). If we desire to assert a claim against you, we will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after we receive notice at the Notice Address that you have commenced arbitration, we may reimburse you for your payment of the filing fee in our discretion.

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The arbitration will be governed by the laws of the state of Florida, the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this arbitration agreement. Unless we agree otherwise, any arbitration hearings will take place in Miami, Florida. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

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YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless we agree otherwise, the arbitrator may not consolidate another party's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

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If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Miami, Florida.

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General Provisions
These Terms make up the entire agreement relating to your use of the Services and supersede all prior agreements relating to the subject matter hereof. We may change, suspend, or discontinue any of the Services at any time. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. These Terms do not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under these Terms to anyone else without our consent. We may assign our rights in connection with a merger, acquisition, sale of assets, or by operation of law or otherwise.  No delay or omission by us to exercise any right or power we have under these Terms shall impair any such right or power or be construed as a waiver of any succeeding breach. Any waivers by us must be in writing and signed by an authorized representative of us.

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”) about the Services. You should know that we can, but are not obligated to, use your Feedback without restriction or any obligation to compensate you, and aside from applicable law, we have no obligation to keep them confidential.

Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination.

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If you have any questions about these Terms, please contact us via email at connect@ansiblehealth.com