Terms of Use

Terms of Use — 1health.io, Inc.

Last Updated: May 23rd, 2024

This Terms of Use (“Agreement”) is between and 1health.io, Inc. (“Company” or “we” or “us”) and you as a registered user (“you” or “your” or “User”) concerning your access to and use of the Platform (as defined below).

By accepting the (“click the link”) you indicate that you have read, understood, accepted and become legally bound to the terms of this Agreement.  In the event of a conflict between this Agreement and an agreement between You and Company concerning Your access to the Platform (as defined below), the terms of this Agreement will govern unless stated otherwise.        

1. Definitions

• 1health.io, Inc. (or Company, We, or Us) is the owner and operator of the Platform used to facilitate the Laboratory Services.  1health.io, Inc. is not a provider of Laboratory Services
• Account means your registered account with Company through the Platform using a secure and individualized login and password to retrieve or send communications and data to facilitate the Laboratory Services. 
• Laboratory Services means the independent contractors of Company that, through use of the Platform, will order laboratory tests, supply specimen collection kits, or perform laboratory testing and relay laboratory testing results. 
• Patient User means a recipient of services provided by a laboratory or healthcare provider contracted with Company. 
• Platform means the website, mobile applications, or other electronic means owned or controlled by Company for the purpose of exchanging communications and data to facilitate the Laboratory Services. Reference to Platform in this Agreement shall include your Account.
• Private Information means personally identifiable information (“PII”), including protected health information (“PHI”), as defined under the Health Insurance Portability and Accountability Act of 1996 and the corresponding Health Information Technology for Economic and Clinical Health (“HIPAA”), and other private information as defined in (i) to the extent applicable, personal information of online persons under age 13, pursuant to the Children’s Online Privacy Protection Act of 1998, as amended, and its regulations (“COPPA”); and (ii) state-specific health information confidentiality and privacy laws, collected by or provided to Company. 
• Services means the license granted to you by Company to access and use of the Platform, including Your Account, for the purpose of receiving and facilitating Laboratory Services.
• User means an individual or entity that has an Account with Company. User may be a Patient User, a laboratory or provider contracted with Company, or an individual or entity contracted with a party that has a contract with Company to facilitate the Laboratory Services.

2. License to Use the Services and User Representations

Company hereby grants you a revocable, non-exclusive and non-assignable license to access and use the Services.  To use the Services, you hereby represent as follows: 

• You are engaging Company under your own name and no User misrepresents their identity or impersonates another person. 
• If you are an individual accessing or using the Services on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using the Services and to any such Organization.

• If you are a Patient User you are eighteen (18) years of age or older, or if the Patient User is a minor (“a Minor User”), you are the parent, legal guardian or authorized representative of the Minor, and: some text
  • You understand and agree that you are granting your parental or other legal consent for the Minor User to receive the Services.  
  • You understand and agree that the Minor User will be under your supervision when he/she/they are accessing the Services. 
  • You understand and agree that if the Minor User is between the age of 14 and 18 years old, you grant consent for the Minor User to access the Services with or without your permission. 
  • You understand, agree and represent on behalf of the Minor User that by accessing or engaging in the Services, the Minor User consents to receive Services and agrees to be bound by the terms of this Agreement.  
• You have the legal right and authority to enter into this Agreement, and if applicable, you have the legal right and authority to bind Minor User to the terms of this Agreement. 
• You understand and agree that this Agreement governs your access to and use of the Platform and your registered Account. You understand that in conjunction with this Agreement, you may be required to enter into other agreement(s) with Company for the provision of certain services, and that such other agreement will be in addition to, and shall not supersede, this Agreement. 
• You hereby acknowledge, confirm, and agree that all the Private Information that you have and will provide in or through the Platform is accurate, true, current, and complete. 
• You have secure access to personal on-line and/or mobile technology that enables you to use the Services. 
• You may need to register for an Account to use the Services. We may reject, or require that you change any username, password or other information that you provide to us in registering your Account. Your username and password are for your personal use only and should be kept confidential. You, and not Company, are responsible for any use or misuse of your username or password. We advise you to change your password frequently and to take extra care in safeguarding your password. You agree that you will not give any third party access to your Account. 
• You agree and commit not to use the Account of any other person for any reason. 
• You agree to notify us immediately of any unauthorized use of your Account or any other concern for breach of the security of your Account. 
• You understand and agree that we make no representation that the Platform is available or appropriate for use in locations other than the United States. 
• You agree not to access, use, or copy any portion of the Platform, or any contents of the Platform through the use of bots, spiders, scrapers, web crawlers, indexing agents, automated devices or mechanisms, or any similar or equivalent manual process to monitor or copy any portion of the Platform or its contents for any other purpose not authorized by us.  You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within the Platform.  Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Platform or its contents or any access to or use of the Platform or its contents.

‍

•  You agree and commit not to make any use of the Platform for the posting, sending or delivering of any of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist, or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause, or encourage a criminal action or violate any applicable law.

‍

• You understand and agree Company may de-identify and use Private Information in any manner permitted by law, including, but not limited to marketing and/or as set forth in the Privacy Policy (as defined below). 

‍

• You agree that you will not:
  1. Use the Services for any forensic use.
  2. Use the Services for any commercial purpose outside of the Laboratory Services, or for any purpose that is fraudulent or otherwise tortious or unlawful.
  3. Harvest or collect information about Users for use other than for Laboratory Services, or as otherwise permitted by Company.
  4. Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services; or violate any requirement, procedure or policy of such servers or networks.
  5. Restrict or inhibit any other person from using the Services.
  6. Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Services except as expressly authorized herein, without Company’s express prior written consent.
  7. Reverse engineer, decompile or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.
  8. Frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service, without Company’s express prior written consent.
  9. Systematically download and store Services content, except if required or allowed under law.
  10. Post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
• You understand that this Agreement contains a mandatory arbitration provision that, as further set forth in Section 18 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.

3. Laboratory Services

The Platform will connect you to the Laboratory Services.  

The Laboratory Services are provided by independent contractors who are also Users of the Platform.  Laboratory Services include the ordering of laboratory testing, laboratory tests performed by CLIA certified laboratories, specimen collection kits supplied to Patient Users to submit specimens for laboratory testing, etc. 

Laboratory Services are provided by independent contractors, and are not employees, agents, or representatives of Company.  Those rendering the Laboratory Services are solely responsible for the provision of such services. 

Company does not refer, endorse, or recommend Users to any particular Laboratory Service or to the entities rendering such services. 

Company does not endorse any specific laboratory tests, diagnosis, treatment, medications, products, or procedures, and nothing on the Platform represents or warrants that any of these are safe, appropriate, or effective for you. 

4. Services Provided by Company

The Company’s role is limited to providing the Platform to facilitate the Laboratory Services.  Laboratory test results will become available to Patient User’s on their Accounts and shall only be disclosed to Patient Users and the ordering provider.  Company may de-identify your Private Information for use as permitted under HIPAA and federal and state privacy laws.  

 You understand and acknowledge that Company simply provides the means to exchange information, communications, and data, and that Company cannot, and does not, edit, modify, filter, screen, monitor, endorse, or guarantee the content of any communications or data exchanged on the Platform. Any data aggregation services rendered by Company directly or through a contracted third-party utilizes data inserted by Users onto the Platform, and such data aggregation services are rendered in compliance with federal and state privacy laws.     

Company does not provide medical or diagnostic services, nor does it provide medical advice or guidance. Further, your use of the Services does not establish a physician-patient relationship. Your reliance upon any information, content or products available on or through the Platform is solely at your own risk. If you are a Patient User, always seek the advice of a physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on or through the Platform. We do not assume any liability or responsibility for damage or injury to you, other persons or property arising from any use of any product, information, idea or instruction made available on or through the Platform.

IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY DATA, INFORMATION, OR CONTENT PROVIDED ON THE PLATFORM.  PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY LABORATORY SERVICE, INCLUDING ANY LABORATORY TEST RESULT. 

5. Changes

We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.

Your use of the Services following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. 

6.  User Privacy Policy and Authorization of Information Exchange

Information, including health and financial information, that you provide to us or that we collect about you through your access to and use of the Platform (“Information”) is subject to our privacy policy, located at https://1health.io/privacy-policy/ (the “Privacy Policy”), and any notice of privacy practices of the third-party healthcare providers providing Laboratory Services. 

Company respects your privacy and takes privacy very seriously. Company is a “covered entity” and/or a “business associate” as defined in the Health Insurance Portability and Accountability Act (“HIPAA”) and uses commercially reasonable efforts to operate in compliance with HIPAA.    

By accepting these terms, you consent to permit Company to use and disclose Information, including but not limited to personally identifiable information (“PII”) and protected health information (“PHI”), as defined under HIPAA, provided to Company in any manner necessary or efficient to facility the provision of Services, including exchanging information with the Organization, any laboratory, supplier, healthcare professional, or other third-party that has entered into an agreement with Company for the purpose of providing the Services. 

If User has entered into a contract with Company for the purpose of providing Services, User agrees to strictly comply with all federal, state and local laws and regulations governing the access, use, disclosure and storge of Information and with the Privacy Policy. 

With respect to De-Identified Data (as defined herein) only, you authorize Company to use and disclose your PII, including PHI, for marketing purposes as defined by HIPAA, where Company could receive direct or indirect remuneration from a third party in connection with the use or disclosure of your information.  “De-Identified Data” means data that has removed or obscured all PII, including, but not limited to, any information that, alone or in combination, is linkable to a specific individual.

You agree that by providing electronic contact information you expressly authorize Company to communicate with you via email, text, telephone, video, chat, fax or other electronic means determined appropriate by Company.  You understand that such electronic communication is not a secure form of communication and you accept the risk of loss and unauthorized access or disclosure of your Information.  You can withdraw your consent to receive Information by deactivating your Account. You can opt-out of receiving future Information via an electronic means by emailing us at support@1health.io

7. Third-Party Content

The Platform may contain other content, products, or services which are offered or provided by third parties (“Third-Party Content”), including links to such Third-Party Content.  We do not endorse any Third-Party Content nor do we have any responsibility for the creation of any such Third-Party Content, and we will not be liable for any damage or loss caused by the products, practices, terms or policies of any third parties. 

8. Service Fees

The service fees for access to the Platform are as provided on the Platform or in the applicable agreement you execute with Company.  You may be asked to supply certain relevant information, such as your insurance information, credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card that you submit. 

9. Transactions 

We may offer the ability to purchase or otherwise obtain other services or products through the Platform (a “Transaction”) and you may be asked to execute a separate contract with Company. To complete the Transaction, you hereby agree to allow Company to use the credit card on file for you, or if none is on file or if your credit card is outdated, you shall provide your current credit card and shipping information. Company reserves the right, including without prior notice, to limit the available quantity of or discontinue offering any service or product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any User from making any Transaction; and to refuse to provide any User with any service or product. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.

‍

10. Intellectual Property

You understand and agree that we own, control, or (where applicable) license from third parties, all rights, title, and interest in and to the Platform and any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within the Platform (all such materials, and any compilation, collection, or arrangement thereof, collectively, the “Content”).  You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Platform or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Company or its licensors and content providers.

You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained in the Platform should be construed as granting any right to use any of our trade names, trademarks, service marks or logos without the express prior written consent of the owner.

If you believe that any Content or Third-Party Content available on the Platform has been or is being used in a way that constitutes copyright infringement, please follow the steps outlined in our Copyright Policy, set forth below.

11. Copyright Policy

If you believe that any materials made available on the Platform infringe your copyright, please notify us and provide the information below.  We will respond appropriately to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3).  You should send any notice of infringement relating to the Platform or any materials made available on the Platform to our designated copyright agent. If you decide to send us any such notice, you must: 

1. identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed;
2. provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
3. include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 
4. include a statement by you that the information contained in your notice is accurate and that you attest that, under penalty of perjury, you are the copyright owner or that you are authorized to act on the copyright owner’s behalf; and 

‍

5. include your name, mailing address, telephone number and email address. 

You may submit your notice of alleged copyright infringement to our designated copyright agent by mail or email as set forth below:

‍

Designated Copyright Agent

1health.io, Inc. 

201 Spear St Ste 1100 

San Francisco, CA 94105.

Email: support@1health.io

12. Feedback

By sending us any feedback, comments, questions, or suggestions concerning or related to the Services (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Company any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of this Agreement, and your participation in the Platform.

13. Disclaimers

ACCESS TO THE PLATFORM AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS 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. 

WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK. 

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE PLATFORM OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE PLATFORM CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. THE COMPANY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGE OR LIABILITY ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE PLATFORM. 

14. Limitation of Liability 

IN THE EVENT OF ANY PROBLEM WITH THE PLATFORM OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE PLATFORM.  UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE IN ANY WAY FOR YOUR (I) RECEIPT OF ANY LABORATORY SERVICES OR (II) USE OF THE PLATFORM OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR (I)  RECEIPT OF LABORATORY SERVICES OR (II)  USE OF THE PLATFORM, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE, OR OTHERWISE, EVEN IF COMPANY OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

This section on Limitation of Liability shall survive the termination or expiration of this Agreement.

15. Indemnification

You will indemnify, defend, and hold harmless Company from and against any and all claims, losses, causes of action, demands, liabilities, costs, or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; or (d) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right. 

You agree, confirm, and acknowledge that we will not be liable for any loss or damage incurred as a result of someone else using your account, either with or without your consent and/or knowledge.

You acknowledge and agree that you are solely and fully liable and responsible for all activities performed using your Account.  You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.

This section on indemnification shall survive expiration or termination of this Agreement.

16. Modifications, Termination, Interruption, and Disruption to the Platform

You understand, agree and acknowledge that we may modify, suspend, disrupt, or discontinue the Platform, any part of the Platform, or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you.  Moreover, Company may terminate this Agreement at any time.  You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

The Platform depends on various factors such as software, hardware, and tools, either our own or those owned and operated by our contractors and suppliers.  While we strive to ensure that the Platform is consistently reliable and accessible, you understand that we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely, or error-free at all times.

17. Governing Law 

The terms of this Agreement, and any claim or dispute relating to or arising under this Agreement or in connection with your use of the Services (each a “Dispute”), are governed by and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its conflicts of law principles of conflicts of law.

18. Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered on an individual basis (i.e., not as a class arbitration or class action) by the American Arbitration Association (“AAA”).  

If you are an individual accessing or using the Service in your individual capacity, the arbitration will be conducted pursuant to AAA’s Consumer Arbitration Rules. The Consumer Arbitration Rules are available online at the AAA’s website. If you are an Organization or an individual accessing or using the Services on behalf of, or for the benefit of, an Organization, the arbitration will be conducted pursuant to AAA’s Commercial Arbitration Rules.

If you are an individual accessing or using the Services in your individual capacity, (a) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate, (b) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (c) if the parties are unable to agree on a location, such determination should be made by the American Arbitration Association or by the arbitrator. 

If you are an Organization or an individual accessing or using the Services on behalf of, or for the benefit of, an Organization, the arbitrator will conduct hearings, if any, in-person in the County of San Francisco in the State of California, U.S.A. 

The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. You agree that the federal and state courts located in the County of San Francisco in the State of California, U.S.A., will have such jurisdiction, and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you. 

This Agreement will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.

19. Notices

We may provide notices or other communications to you regarding this Agreement or any aspect of the Platform by email or by posting it online. The date of receipt shall be deemed the date on which such notice is given. 

Any notice sent to us, including any questions or complaints about the Services, may be delivered to the following: 

Email: support@1health.io

Mail: 1health.io, Inc. 

201 Spear St Ste 1100 

San Francisco, CA 94105

20. Miscellaneous

We may change this Agreement by posting modifications on the Services.  Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check this Agreement frequently.  The last update date of this Agreement is posted at the top of the terms.  By using the Services after any changes become effective, you agree to be bound by such changes.  If you do not agree to the changes, you must terminate access to the Services.

‍

All notices required under this Agreement will be provided by email to the email address that Company has on record for you, by regular mail or by posting it online.  The date of sending shall be deemed the date on which such notice is given.  Notices sent to Company must be delivered as provided in Section 19. 

‍

Except as expressly provided, this Agreement may not be transferred or assigned.  Company may freely transfer or assign this Agreement or any of the Company’s obligations hereunder.

‍

The paragraph headings in this Services are solely for the sake of convenience and will not be applied in the interpretation of this Services.

‍

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

‍

By engaging the Services, you further agree that you have read, understand and consent to this Agreement.

‍

You may request a downloadable and printable copy of this form, either now or at any point in the future.

‍

Site © 2021 1HEALTH.IO, INC. unless otherwise noted. All rights reserved.

‍