To clarify what this document means, some words are defined. The definitions for this agreement are:
“Content” means text, data, graphics, images, photographs, video, audio, products, information, suggestions, guidance, and other materials provided, made available, or otherwise found through any of the Services, including, but without limitation, content provided in direct response to your questions or postings.
“Healthcare Providers” means a doctor or other healthcare specialist, professional, or provider.
“Hint,” “we,” “us,” or “our” means Hint, Inc., and any related and pilot websites and mobile applications that Hint may release. It includes all software programs and related applications installed by your on your computer or mobile device.
“Site” means Hint’s websites, including hintmd.com, and any related and pilot websites.
“Application” means Hint’s software programs, websites, or related documentation installed by your on your mobile device.
“Services” means the information provided on and/or your access or use of Hint’s websites, including hintmd.com and any related and pilot websites, and Applications.
Submissions” means any and all of your inquiries, questions, and feedback regarding either your experience with a Healthcare Provider, possible medical needs, or participation in any interactive and community features on the Site or Application.
IF AT ANY TIME YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS, YOU MAY NOT USE HINT’S SITE, APPLICATION, OR SERVICES AND YOU MUST IMMEDIATELY TERMINATE YOUR USE OF ALL OF THE SERVICES.
ABOUT THE SERVICES
We are a software platform used by your Healthcare Provider to better serve you. You or your Healthcare Provider will sign you up as a member of Hint and put you on a doctor-prescribed skincare or beauty regime of products, treatments, or both. Once you become a member, Hint will send you the products chosen by you and your Healthcare Provider at designated times, if applicable, and Hint will also send you e-mails about treatment reminders with your Healthcare Provider, if applicable. You may cancel your membership at any time. Please visit our FAQ page to view the cancelation policy.
Portions of the Services are viewable without registering with us, but to actively participate or store your information, you must register as a member of the Service and authorize the use and disclosure of your Submissions. You acknowledge and agree that although some Content may be provided by individuals in the medical profession, the provision of such Content does not create a physician-patient relationship as defined by federal or state law, and does not constitute an opinion, medical advice, or diagnosis, or treatment, but is provided for general informational purposes or to assist you with locating appropriate medical care from a Healthcare Providers. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, OR OTHER CONTENT THROUGH ANY OF THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL LISTED OR ACCESSIBLE THROUGH ANY OF THE SERVICES.
NO MEDICAL ADVICE
The Content that you obtain or receive from Hint, its employees, contractors, partners, sponsors, advertisers, licensors, affiliates, or from Healthcare Providers or otherwise through any of the Services is for general informational purposes only. All medically related information comes from independent healthcare professionals and organizations. We do not recommend or endorse any specific tests, Healthcare Providers, procedures, opinions, or other information that may appear through any of the Services.
YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK.
THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF ANY OF THE SERVICES OR THROUGH OTHER COMMUNICATIONS FROM HINT, IS NOT INTENDED TO CONSTITUTE, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, CURE, TREATMENT, OR PREVENTION OF ANY DISEASE OR MEDICAL CONDITION.
DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON ANY OF THE SERVICES.
DO NOT USE ANY OF THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND 911.
NOTHING STATED OR POSTED OR OTHERWISE AVAILABLE THROUGH ANY OF THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
NO PHYSICIAN-PATIENT RELATIONSHIP CREATED BY HINT
NO PHYSICIAN-PATIENT RELATIONSHIP IS CREATED BY ACCESSING OR USING ANY OF THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF ANY OF THE SERVICES OR THROUGH OTHER COMMUNICATIONS FROM HINT, INCLUDING BUT NOT LIMITED TO, THE “FIND A DOCTOR” FEATURE, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTHCARE PROVIDER.
[If you submit a medically-related question through your use of the Services, answers are provided by independent healthcare professionals and organizations and do not establish any physician-patient relationship with or through Hint.]
We have no control over, and cannot guarantee the availability of, any Healthcare Provider at certain times. We will not be liable for any appointments that you or Healthcare Providers cancel or otherwise unfulfill, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of any of the Services whatsoever.
You are strongly advised to perform your own investigation prior to selecting a Healthcare Provider by contacting the appropriate licensing or certification authorities to verify listed credentials and education, and to further verify information about a particular Healthcare Provider by contacting the Healthcare Provider’s office, your current healthcare providers, the medical association(s) relevant to the Healthcare Provider’s specialty, your state medical board and other sources as you determine in your discretion to be reliable.
Subject to your compliance with the Terms and Conditions, Hint grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, non-transferable, freely revocable license to use its websites and download, install and use one (1) copy of the Application, in object code format, only on your personal computer or personal mobile devices (if you have downloaded the Application from the Apple App Store, then only on your iPhone, iPod touch, iPad or iWatch) (each, a“Device”) for the sole purpose of personally using the Application and any Services that may be explicitly authorized by us for use through use of the Application, and if you have downloaded the Application from the Apple App Store, as permitted by the Usage Rules set forth in the App Store Terms of Service as of the date hereof.
The Site and Application are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Site and Application include trade secrets and information that is confidential and proprietary to Hint and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Services, including any related documentation and any new releases, modifications, and enhancements thereto belong solely to Hint and its licensors, if any, including all intellectual property rights therein. The Application is licensed, not sold. Title does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. Hint hereby expressly reserves all rights in the application, site and other Services that are not expressly granted to you hereunder.
ELIGIBILITY AND REGISTRATION
You must be eighteen (18) years of age or older to use or access any of the Services. Hint may terminate your account, delete any Submissions that you have posted on any of the Services, and/or prohibit you from using or accessing the Services (or any portion, aspect or feature of the Services) for any reason or for no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under eighteen (18) years of age. The Services are not intended for use by any user previously removed from any of the Services.
As part of the registration process, we will ask you to provide us with an e-mail address and have you create a password. Upon admittance to the Hint community, we will e-mail you a username to the e-mail address that you provided at registration. This username along with your password are your“ Login Information” and will allow you to access the Services that are only avail-able to Hint members. You should keep your Login Information confidential and not share it with anyone else. You agree not to create more than one user account. You are responsible for keeping your registration information current and complete. If you are registering an account or using the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept the Terms and Conditions on such individual's or entity's behalf.
There may be medically or health-related Content or Submissions posted by registered Hint members or Healthcare Providers that may contain nudity. If you find these materials to be offensive, please notify Hint at HELLO@HINTMD.COM after which the Hint team may want you to use the Services in such a way as to limit your viewing of this material.
Depending on which Services you decide to use, you may be asked for certain personal and medical information. You may voluntarily submit, and hereby authorize Hint, its employees, agents and others operating on its behalf, and Healthcare Providers to use, disclose, or transmit only personal and health-related information about yourself, including, without limitation, your name, address, contact information, medical history, and current medical needs for the purpose of improving your experience on the Services and your interactions with Healthcare Providers on the Service.We are not doctors and do not practice medicine and do not participate in or interfere with the practice of medicine by your Healthcare Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.
Hint maintains protected health information (PHI) in compliance with federal privacy and security rules (HIPAA and HITECH) and our contractual obligations with health care providers as a Business Associate of health care providers who are Covered Entities such rules. Hint collects information for the purposes of providing the Services, marketing, and promoting our Services to you.
You also understand that Hint is a "covered entity" as defined under the Health Insurance Portability and Accountability Act and associated regulations. Therefore, you understand and agree that your personally identifiable health information ("Health Information") provided to Hint is subject to or protected by HIPAA. We will maintain the privacy of your Health Information as required by HIPAA.
You also understand and agree that by using Hint that we may automatically send your own personal health information and related reminders to you and you opt into receiving this information by email, mobile notification, or using other contact information provided by you in your account settings. You may opt out of receiving any such communication via email or mobile notification at any time through your account settings. If you prefer not to receive or do not consent to the receipt of personal health information by email or mobile notification, you agree to update your account notification settings before using Hint’s Services or any features utilizing reminders.
AUTHORIZATION AND ACKNOWLEDGMENT; IMPORTANT INFORMATION ABOUT HEALTHCARE PROVDER RELATIONSHIPS AND LISTS
Healthcare Providers listed through the Services with whom you may book appointments enter into contracts with us [and may pay us a fee] in order to be marketed through the Services. We will provide you with lists and/or profile previews of Healthcare Providers who may be suitable to provide the healthcare services you seek based on information that you provide to us, such as geographical location and healthcare specialty. In an effort to aid in the discovery of Healthcare Providers and enable the maximum choice and diversity of Healthcare Providers participating in the Services, these lists and/or profile previews may also be based on other criteria, such as Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by you or by other Hint members, and past experience of Hint members with Healthcare Providers. However, in connection with using the Services to locate and schedule appointments with Healthcare Providers, you understand and agree that you are ultimately responsible for choosing your own Healthcare Provider or choosing not to contact or otherwise engage with any particular Healthcare Provider. You further understand that Hint (a) does not recommend or endorse any Healthcare Providers, (b) does not make any representations or warranties with respect to these Healthcare Providers or the quality of the healthcare services they may provide, and (c) does not receive any additional fees from Healthcare Providers for featuring them (i.e., higher or better placement on lists) through the Services.We use reasonable efforts to ensure that Healthcare Providers only participate in the Services if they hold all active licenses required by the American Board of Medical Specialties (www.abms.org) to practice the specialties of the services offered by them. We may exclude Healthcare Providers who, in Hint’s discretion, have engaged in inappropriate or unprofessional conduct.
You agree to act responsibly when you use any of the Services to submit feedback regarding your experiences with Healthcare Providers featured through the Services, to submit inquiries concerning possible medical needs and to participate in the other interactive and community features of the Site. You acknowledge and agree that you are solely responsible for your conduct and any Submissions that you transmit or display through any of the Services and that Hint (and Apple if you downloaded the Software from the Apple App Store) and the Healthcare Providers on the Services are not responsible to you or any third party in connection with any Submissions or Content. Hint reserves the right to remove or edit any Submissions or Content, including without limitation for the purpose of enforcing the Terms and Conditions, but does not regularly review Submissions.
You further agree that with the exception of any personal data or information you submit and other information governed by the Health Insurance Portability and Accountability Act of 1996 and the rules and regulations promulgated thereunder (as amended to date, “HIPAA”), if you make any Submissions, by email, phone, or otherwise, to Hint, including but not limited to data, questions, comments, suggestions, business information, ideas, concepts, or inventions, you make such submission without any restrictions or expectation of compensation or of confidentiality, and you agree that your submissions may be used without restriction for any purpose whatsoever.
You also automatically grant or warrant Hint to use such submissions in any way, commercial or otherwise, and for any purpose whatsoever, including the right to use, reproduce, modify, adapt, publish, display, or otherwise communicate to the public, in the form of a royalty-free, perpetual, and nonexclusive license. Do not submit any business information, ideas, or concepts, to us that you wish to keep private.
In addition, you represent and warrant that: (a) you are the creator and owner of or have the necessary rights to transmit or display the Submissions; and (b) the Submissions you transmit or you display do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, mask work right, moral right, privacy right, right of publicity, trade dress and service mark right, goodwill, or any other intellectual property or proprietary right as may now exist or hereafter come into existence, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. HINT RESERVES ALL RIGHTS AND REMEDIES AGAINST ANYONE WHO VIOLATES ANY OF THE PROVISIONS OF THE TERMS AND CONDITIONS.
PLEASE REVIEW AND COMPLY WITH THE TERMS SET FORTH IN OUR ACCEPTABLE USE POLICY RE-GARDING SUBMISSIONS, [INCLUDING WITHOUT LIMITATION ALL PHOTO AND/OR VIDEO SUBMITTED]. We will not accept Submissions from you unless you are a registered user of the Site.
You agree that your photograph and video Submissions will comply with the photo/video guidelines in the Acceptable Use Policy in the section below.
If you are a Healthcare Provider, you must have consent from individuals and follow all HIPAA requirements as well as these Terms and Conditions, including the photo/video guidelines in the Acceptable Use Policy, before uploading, submitting or posting any photographs or videos of individuals on any of the Services. If you are a registered user of the Services and a Healthcare Provider has submitted, uploaded or posted a photograph or video of you on any of the Services and you want that photograph or video removed from the Services, please see Section 4 of our Acceptable Use Policy.
YOUR USE OF CONTENT
All Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Hint’s proprietary information. We give you permission to use the aforementioned Content for personal, non-commercial purposes only as set forth above and do not transfer any intellectual property rights to you by virtue of permitting your use of any of the Services. You may print, download and store information from the Services for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, [or exploit any of the Content, or exploit any of the Services in whole or in part, for any commercial gain or purpose whatsoever]. Except as expressly and unambiguously provided herein, neither Hint nor its suppliers grant you any express or implied rights, and all rights in the Services not expressly granted by Hint to you are retained by Hint.
THE SERVICES AND CONTENT AS INFORMATIONAL AND EDUCATIONAL RESOURCES
We make the Services available to you, consumers, and Healthcare Providers for the purposes of providing an informational and educational resource. We may, but have no obligation to, have Content posted through the Services reviewed by our editorial personnel. We do not guarantee the timeliness, accuracy, and completeness of any or all of the Content. Neither the authors, the editorial personnel, nor any other party involved in the preparation or publication of the Content can guarantee that it is ac-curate or complete, and they will not be responsible for any errors or omissions or for the results obtained from the use of such Content. You are responsible for independently confirming the Content contained herein with other sources and to seek the advice of a qualified Healthcare Provider.
Healthcare Provider Content. Healthcare Provider and practice Content is intended for general reference purposes only. Healthcare Provider Content is provided by the Healthcare Provider and collected from multiple other data sources that may not be confirmed by the Healthcare Provider. Such Content may change frequently and be out of date, incomplete, or inaccurate. Neither the Services nor Hint provides any advice or qualification certification about any particular Healthcare Provider. We encourage you to independently verify such Content.
Procedures, Products and/or Services. The procedures, products, services, and devices discussed and/or marketed through the Services are not applicable to all individuals, patients, or all clinical situations. We make no claims as to the safety, appropriateness, or effectiveness of any such procedures, products, services, or devices. We encourage you to independently verify such Content and speak with your Healthcare provider about the safety, appropriateness, or effectiveness of any procedures, products, services, or devices that your Healthcare provider has recommended to you.
PREVENTION OF UNAUTHORIZED USE
We reserve the right to exercise whatever lawful means we deem reasonable or necessary to prevent unauthorized use of any of the Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier regarding such unauthorized use.
YOUR RESPONSIBILITIES GENERALLY
Use of the Services. You may use the Services only for personal, lawful, non-commercial uses, to: (i) post reviews based on your personal experiences, (ii) communicate with other Hint members about questions on personal care, beauty and wellness, and (iii) request consultations with Healthcare Providers. Your use of the Services is subject to the restrictions contained in the Acceptable Use Policy in the section below.
Charges by Healthcare Providers. You are responsible for all charges for any medical or other services rendered by your Healthcare Provider. You are also responsible for any charges related to you cancelling or otherwise unfulfilling your appointments with Healthcare Providers. You must resolve any dispute between you and any Healthcare Provider arising from any transaction through the Services directly with such Healthcare Provider.
Use of your Login Information; Account Maintenance. You are responsible for keeping your Login Information confidential and not sharing this information with anyone else. You are responsible for all activities that occur in connection with your account. You must immediately notify us if your password has been stolen or compromised or you suspect such information has been stolen or compromised by sending an email to email@example.com.
CHANGES TO SERVICES
Hint may, without prior notice, stop providing any of any of the Services to you or to users generally, or create usage limits for any of the Services. Hint, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to any of the Services without notice. Hint has no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of any of the Services. You may have to agree to a renewed version of some or all of the Terms and Conditions in the event you want to download, install or use any additional features or functions or any modifications, updates or new versions of any of the Services. You acknowledge that Hint may automatically issue any additional features or functions or modifications, updates or upgraded versions of any of the Services and, accordingly, may modify, update or upgrade the version of any of the Services that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades or updates.
We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services altogether. Information about any new services will be included on the Site and through the Services, and the use of new services will be governed by the Terms and Conditions. You acknowledge and agree that we will not be liable to you or any third party for any suspension or discontinuation of any of the Services. You further acknowledge and agree that the Hint Parties (and if you downloaded the Software from the Apple App Store, Apple) have no obligation have no obligation whatsoever to furnish any maintenance or support services with respect to any of the Services, but we may provide these in our discretion.
CUSTOMER SERVICE AND FEEDBACK
We take customer service seriously and strive to provide our users with a courteous and timely follow-up on any customer service issue. If you have a customer service complaint to, please contact our customer service team at: firstname.lastname@example.org. Posting a complaint about Hint on the Service is not a substitute for this process. We reserve the right to investigate the matter and take whatever action we deem appropriate in our sole discretion. We are not obligated to enforce the Terms and Conditions against another user, Healthcare Provider, or other third party on your behalf.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS, HINT, ITS LICENSORS, ITS AGENTS, ITS PARTNERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (INCLUDING HINT, COLLECTIVELY THE“HINT PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, OBLIGATIONS, DEMANDS, ACTIONS, LOSSES, LIABILITY, DAMAGES, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF (A) YOUR RELIANCE ON AND USE OF THE PRODUCTS AND TREATEMENTS CHOSEN BY YOUR HEALTHCARE PROVIDER FOR YOU, (B) YOUR ACCESS TO AND USE OR MISUSE OF ANY OF THE SERVICES, (C) YOUR VIOLATION OR BREACH OF ANY TERM OF THE TERMS AND CONDITIONS OR ANY APPLICABLE LAW, RULE OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, (D) YOUR CONDUCT IN CONNECTION WITH THE SERVICES OR WITH OTHER USERS OF THE SERVICES, INCLUDING HEALTHCARE PROVIDERS, (E) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, (F) YOUR SUBMISSIONS OR OTHER COMMUNICATION DISPLAYED OR TRANSMITTED BY MEANS OF ANY OF THE SERVICES, INCLUDING ANY SUBMISSIONS OR OTHER COMMUNICATIONS THAT YOU SUBMIT ON BEHALF OF OTHERS, OR (G) ANY OTHER PARTY’S ACCESS TO OR USE OF ANY OF THE SERVICES AND/OR CONTENT WITH YOUR LOGIN INFORMATION.
If you downloaded the Application from the Apple App Store, you acknowledge that, in the event of any third party claim that any of the Services or your download or use of any of the Services infringes any third party’s intellectual property rights, as between Hint and Apple, Hint, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Hint reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify any Hint Party, and you agree to cooperate with Hint’s defense of these claims. You agree not to settle any matter without the prior written consent of Hint. This indemnification obligation will survive any termination of any of the Terms and Conditions and your use of the Services.
NO WARRANTY; EXCLUSIVE REMEDY
You acknowledge and agree that we have no fiduciary duty to you or special relationship with you, and that we have no control over and no duty to take any action regarding (i) which users gain access to any of the Services, (ii) what Content you access via any of the Services, (iii) what effects the Content on any of the Services may have on you, including what actions you may take or forego as a result of having been exposed to such Content, or (iv) how you may otherwise interpret or use the Content on any of the Services.
All of the Services are provided to you “AS IS,” “WITH ALL FAULTS” and “AS AVAILABLE” with no warranties. To the maximum extent permitted by law, the Hint Parties hereby disclaim all warranties, terms, and conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated.
LIMITATION OF LIABILITIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE HINT PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSSES FOR LOST REVENUE OR PROFITS, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS OR DEVICE OR COMPUTER FAILURE OR MALFUNCTION, MEDICAL MALPRACTICE OR NEGLIGENCE ARISING OUT OF OR IN CONNECTION WITH ANY OF THE SERVICES, THE TERMS AND CONDITIONS OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF HINT OR ANY OTHER HINT PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HINT PARTIES EXCEED THE AMOUNT YOU PAID DIRECTLY TO HINT ON ANY OF THE SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING ANY CLAIM. The foregoing limitations will apply even if the above stated remedy fails its essential purpose. As some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such event the liability of the Hint Parties will be limited to the maximum extent possible under applicable law. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS, SOFTWARE (INCLUDING THE APPLICATION), SERVICES OR CONTENT SOLD OR PROVIDED BY THIRD PARTIES (INCLUDING WITHOUT LIMITATION HEALTHCARE PROVIDERS) AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE SERVICES.
YOU AND HINT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY OF THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If you downloaded the Application from the Apple App Store, you further acknowledge that Apple has no responsibility for addressing any claims relating to any of the Services or your possession and/or use of any of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that any of the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
BASIS OF THE BARGAIN
YOU ACKNOWLEDGE AND AGREE THAT HINT HAS OFFERED THE SERVICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HINT, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HINT. HINT WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
UNITED STATES SERVICES
We make no representations that the Services are appropriate or available for use in any location outside the United States. Those who access or use any of the Services from other jurisdictions are entirely responsible for compliance with all local laws.
The Application may only be operated, exported, or re-exported in compliance with all applicable laws and export regulations of the United States and the country in which you obtained them. The Application is specifically subject to the U.S. Export Administration Regulations; diversion contrary to United States law is prohibited. You may not export, directly or indirectly, the Application or technical data licensed hereunder or the direct product thereof to any country, individual or entity for which the United States Government or any agency thereof, at the time of export, requires an export license or other government approval, without first obtaining such license or approval.
U.S. GOVERNMENT RIGHTS
The Services and technical data are commercial in nature and developed solely at private expense. The software program and documentation are deemed to be “commercial computer software” and “commercial computer software documentation”, respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the software program and/or documentation by the U.S. Government or any of its agencies shall be governed solely by the Terms and Conditions and shall be prohibited except to the extent expressly permitted by the Terms and Conditions. Any technical data provided that is not covered by the above provisions is deemed to be “technical data-commercial items” pursuant to DFAR Section 227.7015(a). Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall be governed by the terms of DFAR Section 227.7015(b).
Notices. Hint may provide you with notices, including those regarding changes to terms and conditions, by email, or postings on the Hint website. Notice will be deemed given twenty-four (24) hours after email is sent, unless Hint is notified that the email address is invalid. Notice posted on the Hint website is deemed given ten (10) days following the initial posting. Hint reserves the right to determine the form and means of providing notifications to our users.
Ability to Contract. You hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and Conditions, and to abide by and comply with the Terms and Conditions. You affirm that you are not a minor under 18 years of age.
Assignment. You are not allowed to assign any of the Terms and Conditions or any rights or obligations thereunder. Any attempted transfer or assignment in violation thereof shall be null and void. Hint is allowed at its sole discretion to assign any of the Terms and Conditions and any rights thereunder to any third party, without giving of notice.
Waiver. The failure of Hint to exercise or enforce any right or provision of the Terms and Conditions will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by Hint.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
Governing Law and Venue. The Terms and Conditions are governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents, and by the laws of the United States. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to the Terms and Conditions. You agree that the Services shall be deemed solely based in California and each a passive Service that does not give rise to personal jurisdiction over Hint, either specific or general, in jurisdictions other than the State of California. Any dispute, claim or controversy arising out of or relating to any of the Terms and Conditions, or the breach, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of any of the Terms and Conditions to arbitrate, shall be determined by arbitration. The arbitration shall be administered by the Judicial Arbitration and Mediation Service (JAMS), and the arbitration shall be conducted with a single arbitrator. Furthermore, you agree that neither you nor Hint will join any claim with the claim of any other person or entity in arbitration; that no claim will be resolved on a class-wide basis; and that neither you nor Hint will assert any claim in a representative capacity on behalf of anyone else. Notwithstanding the foregoing, you agree that Hint shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. If you file an arbitration complaint against Hint, Hint agrees to pay for any portion of the initial filing fee that exceeds $250; after the initial filing fees, the parties will share the costs of arbitration equally. You agree not to commence or prosecute any action against any Hint Party other than by filing an arbitration complaint in accordance with this paragraph. IMPORTANTLY, BY AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS, YOU ARE WAIVING ANY RIGHT YOU HAVE TO SEEK RELIEF IN A COURT OF LAW AND ANY RIGHT YOU HAVE TO A TRIAL BY JURY.
Injunctive Relief. You acknowledge that the obligations made hereunder to us are of a unique and irreplaceable nature, the loss of which shall irreparably harm Hint and which cannot be replaced by monetary damages alone so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
No Partnership, Agency, Joint Venture. The Terms and Conditions do not create or imply any partnership, agency or joint venture.
Third-Party Beneficiaries and Agreements. If you downloaded the Software from the Apple App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms and Conditions, and that, upon your acceptance of the Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms and Conditions against you as a third party beneficiary hereof. You agree to comply with, and your license to use the Services is conditioned upon your compliance with, all applicable third-party terms of agreement, including those of any Application Store, as may be applicable, when using the Services.
Copyright. ou can find the latest version of Hint’s procedures for making claims of copyright infringement included in the Acceptable Use Policy at https://pilot.hintmd.com/terms.
Severability. If any of the provisions of the Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of any remaining provisions.
Acceptable Use Policy
Effective Date: November 01, 2015.
You agree to use the Services only for personal, lawful, non-commercial uses, in ways that positively contribute to the Hint community of members, users and Healthcare Providers. You agree not to use the Services in any unlawful, infringing, tortious or harmful manner; in any way that violates another party's intellectual property, privacy or other rights; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
- Provide or purport to provide medical advice, prescription, diagnosis, or treatment recommendations;
- Advertise or promote a product, service, procedure, business, health care professional, or other person;
- Gain unauthorized access to any of the Services, user accounts or computer systems or networks, through hacking, password mining or any other means;
- Incorporate any portion of the Services into your own programs or compile any portion of them in combination with your own programs or transfer for use with another service or program;
- Sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the Services and any attempt by you to take such action shall be void;
- Copy, modify, adapt, translate, decompile, disassemble, reverse engineer, reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of any of the Services or Content), by any means whatsoever or attempt to do, or assist any third party to do, any of the foregoing;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Services;
- Access or retrieve any Content or portion of the Services for purposes of constructing or populating a searchable database of reviews or other Content related to the healthcare industry or Healthcare Providers;
- Remove any copyright, trademark or other proprietary rights notices contained in or on any of the Services or in or on any Content;
- Reformat or frame any Content or portion of the web pages that are part of the Services;
- Fraudulently or intentionally misuse the Services, including without limitation scheduling an appointment with a Healthcare Provider which you do not intend to keep or impersonating or pretending to be any person other than yourself;
- Create user accounts, book appointments or submit Submissions by automated means or under false or fraudulent pretenses;
- Post your name, e-mail address or telephone number, URL or any other confidential or personally identifiable information for you or any other person;
- Collect or store personal information about other users in connection with the prohibited activities described in this paragraph;
- Use contact information provided by our users or Healthcare Providers, or harvest such information for the purpose of sending, or to facilitate the sending of, unsolicited bulk communications, such as “spam”;
- Use any means, including software means, to conduct web scraping of any portion of the Services, Content or materials;
- Use the Services to attempt to solicit business or direct users to other websites for commercial purposes;
- Use the Services in any way or for any purpose that is against any local, state, federal or any other applicable laws of the United States or any applicable laws of your jurisdiction; or
- Use the Services for any purposes for which they are not intended.
We may immediately terminate your registration or access to the Services and take other legal action if you or anyone using your Login Information violates these provisions.
We reserve the right to publish your Submissions as part of the Services and to also edit and/or remove your Submissions for any reason. However, we are not responsible for any failure or delay in posting or removing Submissions.
Please remember that Submissions of others are their opinions and should not be relied on.
Without limiting the generality of the foregoing:
- You are solely responsible for any Submissions that you submit, publish or display through the Services or transmit to other members and/or other users of the Services.
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
- You may not provide any Submissions that are unlawful or that promotes or encourages illegal activity.
- You may not provide any Submissions that are repetitive or duplicative with respect to the services, procedure, product, Healthcare Provider, or other person about which they concern (for example, you may not post multiple similar reviews about your experience with a procedure in one or more areas of the Services).
- You may not provide any Submissions that praise, recommend, describe positive experiences with, or otherwise promote a business or product you own or by whom you are employed.
- You may not provide any Submissions that praise, recommend, describe positive experiences with, or otherwise promote a Healthcare Provider or other person that is yourself or someone to whom you are related or with whom you work.
- You may not provide any Submissions for which you receive compensation or other consideration from any third party.
- You agree that you will only provide Submissions that you believe to be true.
You may not submit Submissions that:
- are false, deceptive or misleading, including reviews that exaggerate positive results;
- harass or advocate harassment of another person;
- involve the transmission of unsolicited mass mailing or "spamming";
- violate, infringe or misappropriate the intellectual property or other rights of any person;
- violate antitrust, competition, consumer protection or other laws;
- involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising;
- share, promote or advocate “off label” use of any prescription product or service;
- promote, encourage or glorify violence, self-harm, suicide, anorexia, bulimia, or any other practice that is unhealthy or harmful;
- are threatening, abusive, obscene, defamatory or libelous; or
- are pornographic or sexually explicit in nature.
The foregoing is only a partial list of the kind of content and communications that are illegal or prohibited on or through any of the Services. Hint reserves the right to investigate all Submissions and take appropriate legal action in accordance with the Terms and Conditions.
All uploaded photo and video Submissions must:
- Have proper patient consent for online use.
- Reflect the Healthcare Provider’s personal work administering a medical treatment or procedure.
- Reflect the core treatments offered by the Healthcare Provider’s specialty designation and board certification.
- Contain photos of only one patient per upload with a maximum of four comparable before and after views (for example, before and after side view and before and after front view).
- Be less than 6MB in size and in .png or .jpg format.
- Comply with the Terms and Conditions.
Do NOT post photos, captions, or videos on the Services if they contain:
- Unnecessarily exposed genitalia or breasts.
- Photos of minors (under 18 years of age).
- Promotional content, such as patient testimonials, special offers, self-promotion, website URLs or conjecture regarding patient satisfaction.
- Poor quality or resolution. Minimum resolution for videos is 720p.
- Borders, odd shapes, decorative backgrounds, digital enhancements, airbrushing or watermarks obstructing treated body area.
- Personally Identifiable Information (“PII”) including file names or user names.
- Physical features unrelated to the procedure.
- Unlicensed music.
- Rebroadcast content. In the case of a Healthcare Provider, you must own the rights to the Content.
- Violations of the Terms and Conditions.
We reserve the right to:
- Block PII from photo or video Submissions.
- Crop or edit photos or video to remove unnecessarily exposed genitalia or breasts.
- Remove photos and videos that we determine, at our sole discretion, to be inappropriate and/or in violation of the Terms and Conditions, including this AUP.
- Edit video Submissions and publish such edited works.
- Modify these guidelines at any time without notification.
COPYRIGHT DISPUTE POLICY
We respect the intellectual property rights of others, and request that users of the Services do the same. Our Terms and Conditions prohibit the posting or uploading of Content that violates the intellectual property rights of a third party. If we receive a notice of infringement in accordance with the requirements set forth below, we will promptly remove or disable access to the allegedly infringing content.
Hint Policy. Our policy is to (a) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or other users; and (b) discontinue access to and remove repeat offenders from the Services.
Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to email@example.com:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Hint is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Upon Receipt of a Bona Fide Infringement Notification. Once a Proper Bona Fide Infringement Notification is received by the Designated Agent, it is Hint’s policy:
- To remove or disable access to the infringing material;
- To notify the content provider, member or user that it has removed or disabled access to the material; and
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Hint is capable of finding and verifying its existence;
- For repeat offenders, to terminate access to the Service.
The effective date of this Acceptable Use Policy is set forth at the top of this webpage. We will notify you of any material change by posting notice on this webpage. Your continued use of the Services after the effective date constitutes your acceptance of the amended Acceptable Use Policy. We encourage you to periodically review this page for the latest information on acceptable uses of the Services. The amended Acceptable Use Policy supersedes all previous versions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS ACCEPTABLE USE POLICY, YOU MUST STOP USING THE SERVICES ON THE EFFECTIVE DATE OF SUCH CHANGES.