Terms of Service
Last Updated: September 22, 2022
These Terms of Service are a contract between you (“you,” “your,” or “user”) and Amie Health Inc., doing business as Lasa Health, ("Company," “we,” or “us”) and govern your access to and use of the Company browser extension, the Company website located at www.lasahealth.com, mobile applications (“App”), and all other Company-branded websites (collectively, the "Website"), and other software applications and online services provided by Company through the Website (collectively, the "Services").
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE WEBSITE OR SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING YOUR AGREEMENT TO ARBITRATE CLAIMS AND ANY SUBSEQUENT MODIFICATIONS TO THEM MADE BY COMPANY’S, AND COMPANY’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICES. YOUR USE OF THE SERVICE, AND COMPANY’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY COMPANY AND BY YOU TO BE BOUND BY THESE TERMS. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features and are incorporated by reference into these Terms.
As used in these Terms the terms “you,” “your,” “yourself,” and “User” shall refer to the person accessing Company’s Website and Services.
MEDICAL DISCLAIMER
COMPANY IS NOT A HEALTHCARE PROVIDER, NOR DO WE PROVIDE MEDICAL OR HEALTHCARE ADVICE OR SERVICES. WE MAY PROVIDE REFERRALS TO CLINICAL OR NON-CLINICAL SERVICE PROVIDERS. THE CONTENT ON THIS WEBSITE, AND THE SERVICES YOU MAY RECEIVE ARE FOR INFORMATIONAL PURPOSES ONLY. NO MATERIAL ON THE WEBSITE IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT FOR YOURSELF OR THE PATIENT THAT YOU CARE FOR.
IF YOU SIGN UP FOR A SUBSCRIPTION, THEN YOUR SUBSCRIPTION WILL CONTINUE FOR THE DURATION SET FORTH AT THE TIME OF PURCHASE AND WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT Company’S THEN-CURRENT FEES FOR THE APPLICABLE SERVICES UNLESS YOU OPT NOT TO RENEW YOUR SUBSCRIPTION. ANY TERMINATION OF YOUR ACCOUNT WILL NOT CANCEL YOUR SUBSCRIPTION AND IS NOT AN OPT OUT OF THE RENEWAL OF YOUR SUBSCRIPTION. YOU MAY CANCEL YOUR SUBSCRIPTION OR OPT OUT OF THE RENEWAL OF A SUBSCRIPTION IN ACCORDANCE WITH SECTION 5.3 BELOW.
SECTION 15 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 15 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT AS SET FORTH IN SECTION 15; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS ACTION LITIGATION. PLEASE SEE SECTION 15 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
These Terms are effective (“Effective Date”) on the date you first access or use the Services and/or the Website, whichever is earlier. These Terms are effective unless otherwise terminated by Company or User. In such an event, these Terms will continue to apply and be binding upon the user with regard to User’s prior use if the Services and any rights or licenses granted to the Company under these Terms will survive the termination of these Terms.
1.1 Company Services Overview.
(a) Company provides the following Services: (i) provide information regarding specific types of medical conditions, such as courses; (ii) assist individuals with tracking their conditions and providing analytics regarding condition tracking; and (iii) provide gamified user interactions. The Company refers to the aforementioned services herein collectively as “Services.” It is important to note that the Services provided by the Company are not medical advice, and you understand and agree that the Company is NOT a replacement for a medical professional.
(b) Users may sign up through the Website, including the App, by providing their email addresses and will have access to a limited set of services.
(c) Users who sign up to receive Services are first included on a waitlist and are later registered through the Website (“Registered User”) and may receive the following specific Services through the Website. Users who are not Registered Users can become Registered Users after being included on the waitlist and going through the registration process described above. Registered Users are a type of User.
1.2 Eligibility. You must be at least 18 years old or at least of legal age to form a binding contract to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are of legal age to form a binding contract with Company; (b) you have not previously been suspended or removed from the Services; and (c) your use of the Services is in compliance with any and all applicable laws and regulations. If your ability to access the Services is discontinued by the Company due to your violation of any portion of the Terms, you may not access or use the Services, and you agree that you will not attempt to access the Services through use of a different member name or otherwise. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
1.3 Account.
(a) Users. In order to access a subset of the Services, you are required to (1) sign up for an by providing your email address; (2) accept these Terms; and (3) accept the terms of the Company’s Privacy Policy.
(b) Registered Users. In order to access the Services as a Registered User, you are required to (1) register an account on the Website, or specifically through the App (“Account”), and you will provide the following addition information: your name, email address, and create a username and password; (2) accept these Terms; and (3) accept the terms of the Company’s Privacy Policy. After your registration has been reviewed, and ultimately approved, you will receive verification via email informing you that you are approved. Then you are a Registered User of the Website.
(c) Account Access. Your Account will allow you to access the applicable features on the Website and the Services that we may establish and maintain from time to time and in our sole discretion. We may implement different types of Accounts for different types of Users. You may control your User profile and how you interact with the Services by accessing the functionality that may be made available on your “Account Settings” page. When creating your Account, you must provide accurate and complete information and you agree to maintain and promptly update such information as necessary to keep it true, accurate, current, and complete. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You are not allowed to provide third-party access to your Account. You must notify the Company immediately of any breach of security or unauthorized use of your Account. Company will not be liable for any losses caused by any unauthorized use of your Account. You may never use another User’s Account without permission. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Company.
1.4 Service Rules. You agree not to engage in any of the following prohibited activities while accessing or using the Services: (a) licensing, sublicensing, selling, leasing, transferring, assigning, copying, distributing, disclosing or otherwise commercially exploiting any part of the Services in any medium, including, without limitation, by providing the Services on a timesharing or service bureau basis or using any automated or non-automated “scraping” to gather information or content from the Services; (b) framing or utilizing framing techniques to enclose any Company Marks (defined below) or the Services (including images, text, page layout or form) of Company except as expressly permitted by Company or the function of the Services; (c) taking any action that imposes, or may impose, at our sole discretion an unreasonable or disproportionately large load on our infrastructure, including using any automated system, such as “robots,” “spiders,” “offline readers,” etc. to access the Services in a manner that sends more request messages to Company’s servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Company grants the operators of public search engines revocable permission to use spiders to copy materials from 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); (d) modifying, translating, adapting, merging, making derivative works of, disassembling, decompiling, decoding, reverse compiling, reverse engineering, or “lookup table ripping” (or similar) any part of the Services (including without limitation, any action by you to access information regarding the underlying structure or technical implementation of the Services through automated means) except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) transmitting spam, chain letters, or other unsolicited email; (f) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (g) impersonating or violating the rights of any third party or taking any fraudulent actions; (h) uploading invalid data, viruses, worms, or other software agents through the Services; (i) collecting or harvesting any personally identifiable information, including account names, from the Services; (j) using the Services for any commercial solicitation purposes; (k) using the Services for the purpose of making any products or services that are competitive with the Services; (l) interfering with the proper working of the Services; (m) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (n) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
1.6 Changes to the Services.
We may, without prior notice, change, or stop providing the Services or any portion thereof; or create usage limits for the Services or any portion thereof. We may permanently or temporarily terminate or suspend your access to the Services or any portion thereof (including the right to cancel any hosted sites) without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination of any portion of the Services for any reason or no reason, you continue to be bound by these Terms until it is terminated. Company expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels, in our sole discretion.
2. USER CONTENT
2.1 Generally. Parts of the Website, including during the registration process, allow Users to create and post, publish, submit, upload, transmit, or otherwise make available on the Website or through the Services (“Make Available”) content such as pictures or information, documents, photos, images, videos, information, works of authorship, responses to surveys, and other content or information (any such materials that a User does Make Available is referred to as “User Content”). You retain ownership of your User Content. You may not post or submit a photograph or image of another person without that person’s permission or legal authorization. You should not Make Available to other Users on the Website any medical, financial, or personal information about another person.
2.2 License Grant to Company. You hereby grant Company a fully-paid, royalty-free, perpetual, irrevocable, sublicensable, transferable, non-exclusive, worldwide license to use, reproduce, modify, adapt, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all User Content that you Make Available, including your or any third-party name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, in connection with the Services and Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. Company may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
2.3 Deleting Your User Content. If the features of the Services allow you to remove or delete User Content from the Services, the licenses granted by you in your User Content hereunder terminate within a commercially reasonable time after you remove or delete such User Content from the Services. Notwithstanding the foregoing, you understand and agree that Company may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted; provided that in certain cases, such as if User Content has been curated by Company for display on used on Company’s social channels, or included in printed content, the above licenses granted by you with respect to such User Content will not terminate and such User Content may continue to be used, displayed, distributed, and performed indefinitely.
2.4 Restrictions. You agree not to Make Available any User Content or take any action using the Website or Services that: (a) may create a risk of, glorify, encourage, or threaten violence, harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or self-harm to you or any other person or to any animal; (b) may create a risk of, threaten, glorify, or encourage any other loss or damage to any person or property; (c) may discriminate against, degrade, shame, or harass or encourage, glorify, or promote hatred or violence toward any person or any groups of persons; (d) contains or depicts sexual acts or sexually explicit or pornographic material, including, but not limited to, depictions of children in a sexual, sexualized, or nude state; (e) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy; (f) may constitute, contribute to, depict, or encourage a crime, illegal activity, or a violation or infringement of any third party’s rights; (g) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (h) solicits or seeks to obtain or discloses the personal information of any other person; (i) you do not have the right to under any law or under contractual or fiduciary relationships; (j) deceptively impersonates another person or entity or contains information that is fraudulent or that you know is not correct and current; or (k) we deem to be otherwise unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable.
2.5 Representations and Warranties. If you Make Available any User Content, you promise, represent, and warrant that you have all necessary rights, consents, waivers, and authorizations to grant the rights and licenses in your User Content granted under these Terms and for your User Content to be used in accordance with these Terms and the functionality of the Services without causing a violation of the rights of others, including, without limitation, all necessary rights, consents, waivers, and authorizations under: (a) any performance, mechanical, and sound recording rights in musical compositions and sound recordings included in your User Content; (b) any rights of privacy or publicity with respect to the name, image, and likeness of any individual included in your User Content; and (c) any moral, droit moral, or authors rights to works of authorship included in your User Content.
2.6 No Responsibility. Company takes no responsibility and assumes no liability for any User Content that you or any other User or third party may Make Available. Company is not obligated to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You will be solely responsible for your User Content and the consequences arising therefrom. You agree that we are only providing a platform for you to Make Available your User Content. Company reserves the right but is not obligated to reject and/or remove any User Content that Company believes, in its sole discretion, violates these Terms or is otherwise inappropriate for the Services.
2.7 No Storage. Unless expressly agreed to by Company in writing elsewhere, Company will not and has no obligation to store any of your User Content that you Make Available. Company has no responsibility or liability for: (a) the deletion or accuracy of any User Content, including your User Content; (b) the failure to store, transmit, or receive transmission of User Content; or (c) except as described in our Privacy Policy, the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to your User Content. In such cases, you are solely responsible for applying the appropriate level of access to your User Content. If you do not choose, the system may default to its most permissive setting. You agree that Company retains the right to create reasonable limits on Company’s use and storage of the User Content, including your User Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Services or otherwise determined by Company in its sole discretion.
2.8 No Obligation to Pre-Screen Content. You acknowledge that Company has no obligation to pre-screen User Content, including, but not limited to, your User Content, but Company reserves the right in its sole discretion to pre-screen, refuse, or remove any User Content. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring. In the event that Company pre-screens, refuses, or removes any User Content, you acknowledge that Company does so for Company’s benefit, not yours. Without limiting the foregoing, Company shall have the right to remove any User Content that violates these Terms or is otherwise objectionable.
2.9 Investigations. Without limiting anything to the contrary herein, Company shall have the right, but not obligation, in its sole discretion, to investigate potential violations of any provision of these Terms and remove any of your User Content for any reason (or no reason), including if such User Content violates these Terms or any applicable law.
3. YOUR RIGHTS WITH RESPECT TO THE SERVICES
3.1 Company Services. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Website and Services for your personal or internal use only as permitted by the features of the Services.
3.2 Privacy Policy and Confidentiality. All information we collect on this Website, including Registration Materials, is subject to our Privacy Policy. By using the Website and Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
4. Company’S INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
4.1 In General. You acknowledge that, except for your User Content, the Company owns all right, title, and interest in and to the Website and the Services, including without limitation software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws (“Company Property”). You agree that you will not copy, reproduce, alter, modify, or create derivative works from any portion of the Website. Such rights derive from any of Company’s copyrights, trademarks, patents, trade dress, and other such intellectual property rights that Company may have with regard to the Website. Except as explicitly provided herein, nothing in these Terms will 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 Company Property. Use of Company Property for any purpose not expressly permitted by this Agreement is strictly prohibited.
4.2 Trademarks. You acknowledge that these Terms do not convey or grant you any rights to use or reference in any manner Company’s name(s), logos, trademarks, product names, and/or service names (“Company Marks”). All trademarks not the property of the Company which may appear on the Website are the property of their respective owners. The use of any such trademarks by Company is not meant to constitute affiliation, endorsement, or approval by such company with or for Company or the Website as a whole.
4.3 Copyright and Limited License.
(a) Unless otherwise indicated, this Website and all content and other materials therein, including, without limitation, the Company logo and all designs, Company’s trademarks and service marks, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Company or its licensors or users and are protected by U.S. and international copyright laws.
(b) You are granted a limited, non-sublicensable license to access and use this Website and Site Materials for personal, informational, and shopping purposes only. Such license is subject to the Terms and does not include: (i) any resale or commercial use of this Website or Site Materials; (ii) the collection and use of any product and/or service listings, pictures, or descriptions; (iii) the distribution, public performance, or public display of any Site Materials; (iv) modifying or otherwise making any derivative uses of this Website and the Site Materials, or any portion thereof; (v) use of any data mining, robots, or similar data gathering or extraction methods; (vi) downloading (other than the page caching) of any portion of this Website, the Site Materials, or any information contained therein, except as expressly permitted on this Website; or (vii) any use of this Website or the Site Materials other than for its intended purpose. Any use of this Website or Site Materials other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
4.4 Submission of Ideas; Feedback. You may choose to, or we may invite you to submit feedback, modifications, suggestions, improvements, comments, ideas, or the like about Company, the Services, or Company’s other products or services, including without limitation about how to improve the Services or our other products or businesses (“Ideas”). You hereby grant to Company a world-wide, royalty free, irrevocable, perpetual license to use, incorporate, or otherwise exploit any Ideas in any manner that we see fit.
5. PAID SERVICES
5.1 Fees. Certain products or services offered on or through the Services may be provided for a fee or other charge, including services or features for which access and use is purchased on a time limited basis (each a “Subscription”). You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Our current pricing and payment terms are listed here. The Company may add new products and services for additional fees and charges or amend fees and charges for existing products and services, at any time in its sole discretion. Any increased fees for existing Subscriptions will apply solely on a forward-looking basis beginning on your next billing period.
5.2 Payment. All financial transactions made in connection with the Services will be processed by a third-party service provider (“Payment Service Provider”) in accordance with the Payment Service Provider’s terms of use and privacy policy. You may be required to provide the Payment Service Provider with information pertaining to a valid credit card (Visa, MasterCard, or any other issuer accepted by Payment Service Provider) or other permitted payment method (“Payment Information”). You agree that the Payment Service Provider is authorized to immediately charge your Payment Information for all fees and charges due and payable for the products and services hereunder and that, except as required under applicable law, no additional notice or consent is required. You agree to immediately notify the Payment Service Provider of any change in your billing address or Payment Information. Company reserves the right at any time to change its prices and billing methods, upon posting on the Services. Without limiting anything set forth therein, you acknowledge and agree that we may provide your Payment Information to our third-party service providers (e.g., our payment processing partner) for use pursuant to our Privacy Policy.
5.3 Subscription. The fee for a Subscription will be billed by the Payment Service Provider or Company at the start of your Subscription or, if applicable, at the end of any free trial period, and at regular intervals in accordance with your elections at the time of purchase. The timing of billing may change at any time. Your Subscription will continue to automatically renew indefinitely, including if you stop using or accessing the Website, Services, or App, until your Subscription is canceled in accordance with the Agreement. After your initial Subscription period, and again after any subsequent Subscription period, your Subscription will automatically renew on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period at Company’s then-current price for such Subscription. You agree that your Account will be subject to this automatic renewal feature (even if you otherwise terminate your Account, or stop using or accessing the Website, Services, or App) unless you cancel your Subscription prior to the Renewal Commencement Date in accordance with any terms between you and the Payment Service Provider. You have the option to opt out of the auto-renewal of your Subscription, or cancel your Subscription. If you cancel your Subscription, such cancellation will be effective as of the end of your then-current Subscription term (the “Cancellation Date”), and your Subscription will not be renewed after such then-current term. You will not be eligible for a prorated refund from Company of any portion of the fees paid for the then current period of your Subscription. By purchasing a Subscription, you authorize the applicable Payment Service Provider or Company to charge your Payment Information in accordance with your selected Subscription plan. Upon renewal of your Subscription, if the applicable Payment Service Provider or Company does not receive payment via your Payment Information, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that Payment Service Provider or Company may either cancel or suspend your Subscription and continue to attempt to charge your Payment Information until payment is received.
5.4 Free Trials. Certain Subscription offerings may offer a free trial prior to charging your payment method, the period of which will be communicated to you via the Services. If you decide to cancel your Subscription before the Company starts charging your payment method, you must cancel the Subscription before the free trial ends. Otherwise, you will be responsible for payment for the full term of the Subscription period. We are offering a one (1) week free trial period. After the first week, [the free trial terminates, and your access automatically rolls over from a free trial to a regular Subscription and you are automatically charged the Fees set forth in Section 5.1].
5.5 No Refunds. COMPANY DOES NOT DIRECTLY ISSUE ANY REFUNDS TO USERS FOR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE SERVICES.
5.6 Payment Service Provider. All financial transactions made in connection with the Services will be processed by the Payment Service Provider in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. As such, in no event will Company be responsible for the actions or inactions of any Payment Service Provider, including, but not limited to, system downtime or payment service outages, and any billing and fee disputes may require resolution between you and the Payment Service Provider. If you notify us of any fee or billing dispute, we will likely direct you to the Payment Service Provider to address such dispute, but to the extent we are able, we may assist you in resolving such dispute.
5.7 Taxes. The payments required under Section 5.1 of this Agreement do not include any Sales Tax that may be due in connection with the Services provided under this Agreement. If Company determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, Company shall collect such Sales Tax in addition to the payments required under Section 5.1 of this Agreement. If any Services, or payments for any Services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Company for any liability or expense Company may incur in connection with such Sales Taxes. Upon Company’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
6. THIRD-PARTY CONTENT.
6.1 Third-Party Links. The Services may contain links to third-party websites, advertisers, information, materials, products, or services (“Third-Party Links”) that are not owned or controlled by the Company. Company does not endorse or assume any responsibility for any content or information on or from any Third-Party Links. If you access a Third-Party Link from the Services, you do so at your own risk, and you understand that this Agreement and Company’s Privacy Policy do not apply to your use of such Third-Party Links. You expressly relieve Company from any and all liability arising from your use of any Third-Party Link, including your dealings with or participation in promotions of the applicable third party, payments to and delivery of goods from such third party, and any other terms (such as warranties) are solely between you and such third party. You agree that the Company will not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
6.2 Third- Party Software. The Services may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Services are provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
7. INDEMNITY. You agree to defend, indemnify, and hold harmless Company 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: (a) your use of and access to the Services, including any data or content, including User Content transmitted or received by you; (b) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (c) any damage or harm or any violation of any third-party right, including any right of publicity of privacy or intellectual property right caused by you or your User Content; (d) your violation of any applicable law, rule or regulation; (e) any dispute between you and another party regarding ownership of or access to data or personal information submitted to the Company via its Website; or (f) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
8. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES PROVIDED BY COMPANY ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND SERVICES COMPANY PROVIDES IS STRICTLY PROVIDED TO YOU ON AN “AS IS'' AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ANY AND ALL 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 Company OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, Company, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT ANY Company PROPERTY, RESULTS FROM THE SERVICES, OR USER CONTENT IS ACCURATE, RELIABLE, OR CORRECT. 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 COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA OR CONTENT THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, Company, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY Company PROPERTY, RESULTS FROM THE SERVICES, USER CONTENT, OR ANY CONTENT MADE AVAILABLE ON THIS WEBSITE OR THROUGH THE SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIS WEBSITE OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (B) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA, OR INFORMATION OBTAINED BY YOU THROUGH COMPANY WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) COMPANY OR THE SERVER(S) THAT MAKE OUR WEBSITE OR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, COMPANY, INCLUDING, BUT NOT LIMITED TO, THE USE, MISUSE OR INABILITY TO USE THIS WEBSITE, THE SERVICES, OR FOR ANY CONTENT, MATERIALS, PRODUCTS, OR OTHER INFORMATION OBTAINED FROM OR THROUGH COMPANY, OR FOR ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF COMPANY OR ITS PROVIDERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER TYPES OF DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY ENTITIES’ AGGREGATE LIABILITY EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100).
10. Communications. We may send you emails concerning our products and services, as well as those of third parties.
11. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
11.1 use the Services for any illegal purpose (such as selling illegal products or services or infringing intellectual property, including copyrights, trademarks, and patents) or in violation of any local, state, national, or international law;
11.2 harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Services;
11.3 violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
11.4 access, search, or otherwise use any portion of the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, CPU-intensive APIs, and data mining tools) other than the software or search agents provided by Company;
11.5 interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law; or (iii) creating or disseminating malware (viruses, worms, trojans, etc.);
11.6 interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Services; (iii) collecting personal information about another user or third party without consent; (iv) botting and spamming; (v) load testing; (vi) cryptocurrency mining; or (v) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;
11.7 use the Services for (i) proxies and VPNs; (ii) gambling apps; (iii) creating or disseminating malware (viruses, worms, trojans, etc.); (iv) adult content and services; (v) multi-level marketing; or (vi) fabricated social media activity;
11.8 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Services of another user without permission;
11.9 sell or otherwise transfer the access granted under these Terms or any Company Property or any right or ability to view, access, or use any Company Property; or
11.10 Attempt to do any of the acts described in this Section 10 or assist or permit any person in engaging in any of the acts described in this Section 11.
12. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Services. If you do not agree to the modified Terms, then you should email support@lasahealth.com to: requesting to remove your User Content and discontinue your use of the Services. Except as expressly permitted in this Section 12, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
13. Term, Termination, and Modification of the Service
13.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Services, and ending when terminated as described in Section 13.2.
13.2 Termination. If you violate any provision of these Terms, then your authorization to access the Services and these Terms automatically terminate. In addition, the Company may, at its sole discretion, terminate these Terms or your access to the Services, or suspend or terminate your access to the Services, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your access to the Services and these Terms at any time by contacting customer service at support@lasahealth.com.
13.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Services; (b) you will no longer be authorized to access the Services; and (c) Sections 4.1, 4.2, 4.3(a), 4.4, 7, 8, 9, 11, 13.3, 15, and 16 will survive. You are solely responsible for retaining copies of any User Content you Post to the Services since upon termination of your access to the Services, you may lose access rights to any User Content you Posted to the Services. If your access to the Services have been terminated for a breach of these Terms, then you are prohibited from accessing the Services through using a different name, email address or other forms of user verification.
13.4 Modification of the Services. Company reserves the right to modify or discontinue all or any portion of the Services at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Company will have no liability for any change to the Services, or any suspension or termination of your access to or use of the Services. You should retain copies of any User Content you Post to the Services so that you have permanent copies in the event the Services are modified in such a way that you lose access to User Content you Posted to the Services.
14. Copyright and DMCA Notice. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. The Company may deny access to the Services to any user who is alleged to infringe another party’s copyright. Without limiting the foregoing, if You believe that Your copyright has been infringed, please notify Company as specified below.
15. Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 15 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
15.1 Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding Company or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with Company as a User of our Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.
15.2 Informal Resolution. You and Company agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Company therefore agree that, before either you or Company demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Company that you intend to initiate an informal dispute resolution conference, email support@lasahealth.com, providing your name, telephone number associated with your Company account (if any), the email address associated with your Company account, and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this Section.
15.3 Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certifying completion of the informal dispute resolution conference pursuant to Section 15.2. If this notice is being sent to Company, it must be sent by email to the counsel who represented Company in the informal dispute resolution process, or if there was no such counsel then by mail to 8 The Green Suite B Dover Delaware 19901. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Arbitration demands must include (1) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (4) the signature of the party seeking arbitration. Disputes shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/ all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If the arbitrator finds that you cannot afford to pay JAMS filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from JAMS, Company will pay them for you. If JAMS is not available to arbitrate, the parties will mutually select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the county where you live or at another mutually agreed location.
15.4 Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and Company. Except as expressly agreed to in Section 15 of this Agreement, the arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and Company.
15.5 Waiver of Jury Trial. YOU AND COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Company are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 15.1 above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
15.6 Waiver of Class or Consolidated Actions. EXCEPT AS EXPRESSLY AGREED TO IN SECTION 15.7 OF THIS AGREEMENT, YOU AND Company AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS EXCEPT AS SET FORTH IN SECTION 15.7. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER EXCEPT AS SET FORTH IN SECTION 15.7. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Company is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 16.2. This provision does not prevent you or Company from participating in a class-wide settlement of claims.
15.7 Batch Arbitrations. To increase efficiency of resolution, in the event 100 or more similar arbitration demands against Company, presented by or with the assistance of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period, the arbitration provider shall (i) group the arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with the Company and the arbitration provider to implement such a batch approach to resolution and fees.
15.8 Opt-Out. Company’s updates to these Terms do not provide a new opportunity to opt out of the Arbitration Agreement for customers or Users who had previously agreed to a version of Company’s Terms and Conditions and did not validly opt out of arbitration. Company will continue to honor the valid opt outs of customers or Users who validly opted out of the Arbitration Agreement in a prior version of the Terms and Conditions. If you are a customer or User who creates a Company account for the first time on or after September 22, 2022, you may opt out of this Arbitration Agreement. If you do so, neither you nor Company can force the other to arbitrate as a result of this Agreement. To opt out, you must notifyCompany in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you currently use to access your account (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: support@lasahealth.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.
15.9 Survival. This Arbitration Agreement will survive any termination of your relationship with the Company.
15.10 Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Company.
16. MISCELLANEOUS
16.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Company regarding your use of the Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
16.2 Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and Company submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Delaware for resolution of any lawsuit or court proceeding permitted under these Terms.
16.3 Force Majeure. In addition to any excuse provided by applicable law, Company and its Providers shall be excused from liability for inability or delay or delay in using the Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
16.4 Additional Terms. Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
16.5 Consent to Electronic Communications. By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
16.6 Contact Information. The Services are offered by Company, Inc. You may contact us by sending correspondence to that address or by emailing us at support@lasahealth.com.
16.7 Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
16.8 No Support. We are under no obligation to provide support for the Services. In instances where we may offer support, the support will be subject to published policies.
16.9 International Use. The Services are intended for visitors located within the United States. We make no representation that the Services are appropriate or available for use outside of the United States. Access to the Services from countries or territories or by individuals where such access is illegal is prohibited.