REVISED MAY 1, 2018
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Sniffle is not a healthcare provider and it does not itself provide medical diagnoses, treatment or advice. Such professional services are independently provided by physicians’ or other healthcare providers who use the Service as a way to communicate with you. Any information or advice received from a provider comes from them alone, and not from Sniffle. Your interactions with the providers via the Service are not intended to take the place of your relationship with your regular health care practitioners. Neither Sniffle, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any act or omission, or breach of duty of a health care provider occurring via the Service or for any other information obtained on the website. SNIFFLE HEALTH does not endorse any specific tests, physicians, medications, products or procedures that may be recommended by the providers that use the Service to communicate with you. You acknowledge that your reliance on any healthcare providers or information provided by such providers via the Service is solely at your own risk and you assume full responsibility for all risks associated therewith.
Sniffle makes no representations or warranties about the training skill or qualifications of the healthcare providers who provide services via the Service. Sniffle simply provides a list of available providers licensed in a given U. S. state, based solely on information available from state medical boards. You are ultimately responsible for choosing your particular healthcare provider.
- Communication Platform. Sniffle endeavors to (i) provide an online tele-health video communication platform through which Providers can practice telemedicine by performing online, real-time, diagnostic encounters with Patients and (ii) perform limited administrative services for Providers, such as appointment scheduling and billing, related to a Provider’s telemedicine appointments. Sniffle does not provide or sell healthcare services or health insurance and does not charge or collect fees for referral services.
- Patient/Provider Relationship. Sniffle is not a healthcare provider and it does not itself provide medical diagnoses, treatment or advice. Sniffle does not control or influence any healthcare service or medical advice a Provider may communicate to a Patient through the Services. Although we endeavor to facilitate communication between Patients and Providers, we do not control, supplant, intervene in, or interfere with a Provider and Patient’s physician/patient relationship. If a Provider uses the Site or Services to communicate medical advice to a Patient, the Provider agrees that the Provider’s medical advice will be based on (i) the information that the Patient communicates to the Provider and (ii) the Provider’s use of the applicable local standards of care. PROVIDERS ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ANY AND ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS GOVERNING THE PRACTICE OF MEDICINE IN THE APPLICABLE JURISDICTION. Providers and Patients may not use the Site or Services for active Patient monitoring, immediate clinical action, or continuous Patient monitoring. USERS MAY NOT USE THE SERVICES FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN MEDICAL CLINIC OR EMERGENCY ROOM.
- Fees and Payments. The Sniffle Website is free to visit and the Mobile Application is free to download. When either (i) a Patient uses the Website or the Mobile Application to schedule an appointment with a Provider or (ii) a Provider accepts an appointment with a Patient, Sniffle charges and collects a software userfee upon scheduling equal to our then-current price, which we present in the scheduling and booking section of the Website or the Mobile Application. You agree to pay the then-current software user fee when you schedule or accept an appointment. Except as may be required by applicable law, any software user fee you pay is non-refundable, even if, for any reason, the Patient or the Provider fails to keep the appointment.
- Payment of Fees. You must pay any required fee with a credit or debit payment card (Visa, MasterCard, American Express, and Discover) on the date that you schedule or accept a consultation appointment or otherwise use the Service for which Sniffle charges a software user fee. If Sniffle cannot charge your credit card or other payment method for any reason, Sniffle reserves the right to either suspend your account or otherwise prevent your access to the Site and Services. By using the Services, you expressly agree that Sniffle is permitted to bill you and you will pay any applicable fees, any applicable tax, and any other charges you may incur in connection with your use of the Site and the Services. IF YOU CANCEL OR OTHERWISE FAIL TO KEEP AN APPOINTMENT FOR ANY REASON, YOU WILL NOT RECEIVE A REFUND.
- Reschedule. Sniffle may in its discretionpermit a patient to reschedule an appointment without charging the patient an additional software user fee, so long as the physician agrees, the patient accepts the new scheduled time, and the medical encounter using the Sniffle platform was never started. If the patient and physician have already started an encounter using the Sniffle platform, the patient must schedule a new appointment if needed; and the corresponding fees must be paid for this new appointment.
- Reimbursement. Visit prices are set independently by each physician. Prices commonly range between $50 and $150. You can view the price a specific provider charges for your visit in their profile before you book your visit. Sniffle may check insurance eligibility for you and provide you with an estimate of your out-of-pocket / co-pay for a specific visit. This is only an estimate based on the data provided by the patient’s current insurance provider according their plan. A physician may accept only the co-payment or collect the full amount depending on the physician’s ability to collect any reimbursement from the patient’s insurance provider. Patients are responsible to pay for their visit and must pay for the visit using a valid credit card. While Sniffle does not submit any insurance claims on behalf of patients, we may provide a detailed receipt for the visit that can be proactively submitted to an insurance provider. Reimbursement decisions will vary from plan to plan and from state to state.
- Taxes. Unless otherwise stated, you are responsible for any taxes (other than income tax) or duties associated with Sniffle’s sale of Services to you, including any related penalties or interest (Taxes). You agree to pay Sniffle for the Services without any reduction for Taxes. If Sniffle is required to collect from you or pay Taxes on your behalf, the Taxes will be charged to you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. If you are required by law to withhold any Taxes from your payment to us, you must provide us with an official tax receipt or other appropriate documentation to support such withholding. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your use of Services. The reporting and payment of any such applicable Taxes are your responsibility.
- Additional Fees and Pricing Changes. We reserve the right to charge other fees for using various features of the Services, and we may change the price for our Services at any time. We will endeavor to provide reasonable notice of any additional fee or any price change by posting a notice in the scheduling and booking section of the Website or the Mobile Application.
- Registration and Account Creation. You need not register with Sniffle to view, visit, or browse through the Site to see the partial, publicly accessible information on the Site. However, to access the Services and the Materials offered on and through the Site, you must register with Sniffle for an account and receive a password. If you are a Provider, to use and access the Services, you must contract separately with Sniffle by agreeing to the Sniffle Terms of Service and Business Associates Agreement contained herein in order to create a Provider Account, and begin inviting Patients to join your Sniffle practice. Providers may also be required to complete a short training and orientation session with Sniffle prior to activation of any account. Sniffle may cancel provider contract and their ability to access the services at any time for any reason.
To register for an account with Sniffle, Providers and Patients must submit the following information through the account registration page on the Website or the Mobile Application, as the case may be:
- Providers. If you are a Provider, to create an account Sniffle requiresyou to provide certain information about your practice, including: (i) your first and last name, date of birth, gender, physical mailing address, email address, mobile phone number, and work phone number; (ii) the name of your medical practice, its physical mailing address, phone number, and fax number; and (iii) a valid user id and password. We may also collect certain optional information, including: (i) your middle name or initial, (ii) your bank account or other payment information, and (iii) other contact details, picture and communication preferences.
- Patients. If you are a Patient, to create an account Sniffle requiresyou to provide certain information, including: (i) your first and last name, date of birth, gender, physical mailing address, email address, mobile phone number, and work phone number and (ii) a valid user id and password. We may also collect certain optional information that is not required to register for an account, but may be helpful to Sniffle including (i) your middle name or initial, (ii) home phone and other contact info, (iii) pharmacy name and contact details, (iv) picture and communications preferences. Although not necessary to create an account, while using the Services, a Provider may require you to provide additional information such as health-related information.
- Minors. If you are an individual, you may only use the Services if you have the power to form a contract with Sniffle. If you are under 13 years old or do not have the power to form a contract with Sniffle, you may not use the Services. We recommend that parents and guardians directly supervise any use of the Services by minors.
- Other Entities and Agents. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms. You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services. You agree not to register an account on behalf of any other individual, or to register an account on behalf of any group or entity unless authorized to bind such person, group or entity to the Terms. By registering another person, group or entity you hereby represent that you are authorized to do so.
- Patient Responsibilities. If you are a Patient, you acknowledge and agree that your relationship for health care services is with your Provider, not Sniffle, and you obtain health care services from Providers solely at your own risk, and you assume full responsibility for all risks associated therewith, to the extent permitted by law. By using the Services, you agree not to hold or attempt to hold Sniffle liable in any way for any malpractice or substandard treatment any Provider may render. Although Sniffle attempts to validate that each Provider is in good standing with their respective licensure board(s), before each time you use the Services, it is your sole responsibility to confirm separately that your chosen Provider is in good standing with the Provider’s licensing board(s). ALL SERVICES RENDERED THROUGH THE SNIFFLE SERVICE ARE THE FINANCIAL RESPONSIBILITY OF THE PATIENT AND NOT THE INSURANCE COMPANY. PHYSICIANS MAY BILL THE PATIENT’S INSURANCE COMPANY AS A COURTESY TO THE PATIENT. PATIENTS ARE RESPONSIBLE TO ENSURE THAT THE PHYSICIAN IS PAID FOR THE SERVICES RENDERED. INFORMATION WILL BE MADE AVAILABLE TO PATIENTS TO ENABLE PATIENTS TO FILE WITH THEIR INSURANCE ON THEIR OWN BEHALF.
- Provider Responsibilities. If you are a Provider, you are responsible for every aspect of the health care services you provide to Patients during your use of the Services. You are responsible for complying with all applicable laws required for your use of the Service, including, without limitation, any and all federal, state and local licenses and certifications required to practice medicine, including telemedicine. You also agree to maintain malpractice and liability insurance in accordance with any regulatory and local requirements. You are also responsible for obtaining your Patient’s informed consent to receive medical services through the Services. Although Sniffle has established reasonable safeguards and procedures to protect the security of Patient information, you as a Provider must also take steps to protect the privacy and confidentiality of your Patients’ information. Providers are required to comply with any and all privacy laws applicable to providing health care to Patients through the use of the Services, including, without limitation, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Each Provider must enter a HIPAA business associate agreement with Sniffle. Sniffle makes no warranties or representations regarding a Provider’s ability to bill third-party payors for any health care services provided to Patients using the Site or the Services. Providers are responsible for complying with all federal, state, and local laws in billing for the services provide to Patients using the Services.
- Legal Compliance. Whether you or are a Patient or a Provider, you must use the Services in compliance with, and only as permitted by, applicable law.
- Your Responsibilities. You are responsible for your conduct, your Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
19.1 You may not purchase, use, or access the Site or Services for the purpose of building a competitive product or service or for any other competitive purposes.
19.2 You may not misuse our Site or Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
19.3 You may not circumvent or attempt to circumvent any limitations that Sniffle imposes on your account.
19.4 Unless previously authorized by Sniffle in writing, you may not probe, scan, or test the vulnerability of any Sniffle system or network.
19.5 Unless previously authorized by Sniffle in writing, you may not use any automated system or software to extract or scrape data from our Website, or Mobile Application, or any website or other interfaces through which we make our Services available.
19.6 Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Site or Services, or attempt to do so.
19.7 You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Site or Services.
19.8 You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. We will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to us, although we reserve the right to terminate your account immediately.
19.9 You may not use the Site or Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
19.10 Unless authorized by Sniffle in writing, you may not resell or lease the Services.
19.11 If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless Sniffle has agreed with you otherwise. You may not use the Services in a way that would subject Sniffle to those industry-specific regulations without obtaining Sniffle’s prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate business associate agreement with Sniffle that permits you to do so.
20. Prohibited Activity. When using this Site and/or the services, you agree not to:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Use racially, ethnically, or otherwise offensive language;
Discuss or incite illegal activity;
Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
Post anything that exploits children or minors or that depicts cruelty to animals; Post any copyrighted or trademarked materials without the express permission from the owner;
Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation;
Use any robot, spider, scraper or other automated means to access the Site;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
Alter the opinions or comments posted by others on this Site;
Post anything contrary to our public image, goodwill or reputation;
- Non-Exclusive Lists Responsibilities and Prohibited Activity. The list of prohibitions in the Section 19 and 20 are examples and are neither complete nor exclusive. Sniffle reserves the right to (a) terminate access to your account and (b) refuse, delete or remove your Content; with or without cause and with or without notice, for any reason or no reason, or for any action that Sniffle determines is inappropriate or disruptive to the Site or Services or to any other user of the Site or Services. Sniffle may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Sniffle’s discretion, Sniffle will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or Services or generally on the Internet.
- Prescriptions and Treatment. Sniffle Health does not provide any medical advice or treatment. Although doctors using the Sniffle app and Software can prescribe a wide range of medication there is no guarantee that prescription will be issued. It is up to the doctor to recommend the best treatment. Prescriptions for substances controlled by the DEA, non-therapeutic, and/or certain other drugs which may be harmful because of their potential for abuse may not be prescribed through use of the Sniffle app or software. Also, non-therapeutic drugs such as Viagra and Cialis may not be prescribed using The Sniffle platform. Please refer to this link to View the current list of DEA controlled substances »
- Indemnity for Unauthorized Use. Unauthorized use of any Materials or Third-Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold Sniffle and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Sniffle or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any professional negligence or malpractice claim or any claim or demand from a third-party that your use of this Site or the use of the Site or Services by any person using your user name and/or password violates any applicable law or regulation, or infringe or misappropriate the copyrights, trademark rights or other rights of any third-party.
Sniffle will store and process your Content in a manner consistent with industry security standards. Sniffle has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content.
- Our Content. Sniffle may provide content on and through the Site and the Services that is copyrighted and/or trademarked work of Sniffle or Sniffle’s third-party licensors and suppliers or other users of the Site (Materials). Materials may include logos, graphics, video, images, software and other content. Subject to the Terms, and your ongoing compliance with the Terms, Sniffle hereby grants to you a limited, personal, non-exclusive, and non-transferable license to use and to display Materials and to use the Site and the Services solely for your personal use. Except for the foregoing license, you have no other rights in the Site, Services, or Materials, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Site, Services, or Materials in any manner. If you breach any of the Terms, the above license will terminate automatically and you must immediately cease using the Site, Services, or Materials and destroy any downloaded or printed Materials.
- Trademarks Sniffle is a trademark of Sniffle Health Inc. in the United States of America. Other trademarks, names and logos that are used in Materials on the Site or the Services are the property of their respective owners. Unless otherwise specified in the Terms, all information and webpages appearing on the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Sniffle and/or their owners. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. Sniffle respects the intellectual property rights of others, and we ask you to do the same. Sniffle may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site and the Services if you infringe the intellectual property rights of others.
- Your Content. You own and are responsible for any information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post, transmit, or otherwise make available on or through the Site or the Services (your Content). You may not upload, post or otherwise make available on the Site or the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and you bear the burden of determining whether any material is protected by any such right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from your Content. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness. Unless otherwise explicitly stated herein or in Sniffle’s privacy policies, you agree that your Content is provided on a non-proprietary and non-confidential basis, except for your Content that also constitutes personally identifiable information or protected health information. You hereby grant to Sniffle a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your Content (other than your Content that also constitutes personally identifiable information or protected health information), or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use your Content. We may modify or adapt your Content in order to transmit, display or distribute your Content over computer networks and in various media and/or make changes to your Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. Sniffle agrees to use any of your Content that constitutes personally identifiable information or protected health information in accordance with Sniffle’s privacy policies. By providing your Content, you agree that your Content will not violate the “Unauthorized Activities” paragraph below. Those prohibitions do not require Sniffle to monitor, police or remove your Content or other information submitted by you or any other user.
- Mobile Application. Sniffle may make the Mobile Application available to allow you to access the Site via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. Sniffle does not warrant that the Mobile Application will be compatible with your mobile device. Sniffle hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use, or, if you are a Provider, owned or leased by you or your organization. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Sniffle may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Sniffle and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
- Apple iOS. The following additional terms and conditions apply with respect to any Mobile Application that Sniffle provides to you that is designed for use on an Apple iOS-powered mobile device (our iOS App)
30.1 You acknowledge that the Terms are not between you and Apple, Inc. (Apple).
30.2 Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.
30.3 You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
30.4 You agree that Apple is not responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by the Terms.
30.5 You agree that Apple is not be responsible for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
30.6 You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using our iOS App).
30.7 The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as the Terms relate to your possession or use of our iOS App. Upon your acceptance of the Terms, as a third-party beneficiary of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as they relate to your possession or use of our iOS App.
- Android. The following additional terms and conditions apply with respect to any Mobile Application that Sniffle provides to you that is designed for use on an Android-powered mobile device (our Android App):
31.1 You acknowledge that the Terms are not between you and Google, LLC, its parents or subsidiaries (Google).
31.2 Your use of our Android App must comply with Google’s then-current Google Play Terms of Service.
31.3 You agree that Google is only a provider of the Google Play application market where you obtained the Android App and Google is not responsible for our Android App, the Services, or Materials available thereon
31.4 You agree that Google has no obligation or liability to you with respect to our Android App or the Terms.
31.5 You acknowledge and agree that Google is a third-party beneficiary to the Terms as the Terms relate to our Android App.
- Warranty Disclaimers.
33.1 Express and Implied Warranty Disclaimers. You use the Site and the Services at your own risk. SNIFFLE PROVIDES THE SITE AND SERVICES “AS IS” AND SNIFFLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Site, Services, or any third-party sites linked to or from the Site or Services, or that the functions provided will be uninterrupted, virus-free, or error-free. We expressly disclaim any liability for any errors or omissions in the Materials on the Site or any third-party sites or services linked to or through the Site or Services.
33.2 Warranty Disclaimer Related to Healthcare Services. Sniffle is not a healthcare provider. The text, graphics, images, information obtained from Sniffle’s licensors’ and other Materials contained on the Site and the Services are for informational purposes only, and are intended to support, not replace or intervene in, the doctor-patient relationship that exists between a Patient and Provider. Any Materials or other information contained on the Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment and should not be construed as medical recommendation or professional advice. Always seek the healthcare advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard medical advice or delay seeking medical advice because of something you have seen or read on the Site. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. SNIFFLE DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE. YOU RELY ANY INFORMATION OR MATERIALS APPEARING ON THE SITE SOLELY AT YOUR OWN RISK.
33.4 Warranty Disclaimer Related to Communications. When you use the Site or Services, you may transmit your Content over a medium that may be beyond the control and jurisdiction of Sniffle and its suppliers. Accordingly, Sniffle expressly disclaims and assumes no liability for or relating to any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site or Services.
35. Limitation of Sniffle’s Liability. IN NO EVENT SHALL SNIFFLE BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING FROM, RESULTING FROM, OR IN ANY WAY CONNECTED TO YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS FROM THE SITE OR YOUR USE OF THE SITE OR SERVICES, EVEN IF SNIFFLE KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. In no event will Sniffle, our affiliates, licensors, suppliers and or their directors, officers, affiliates, subcontractors, employees, agents, and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with your use of Site or Services, any interruption in availability of the Site or Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Site, Services or the data collected through the Services, even if one or more of them has been advised of the possibility of such damages or loss. By using the Site or Services, you agree that Sniffle, its licensors, its suppliers, or any third parties mentioned on the Site are not and will not be liable for any personal injury, including death, caused by your use or misuse of the Site, Services, or Materials. If any jurisdiction prohibits the exclusion or limitation of incidental or consequential damages, Sniffle’s liability in that jurisdiction shall be limited to the maximum extent permitted by law. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIM ARISING OUT OF OR CONNECTED IN ANY WITH THE SITE OR SERVICES WILL BE TO CEASE USING THE SITE OR SERVICES.
- Indemnification. You agree to indemnify, defend, and hold Sniffle, its subsidiaries, affiliates, licensors, and suppliers, and their and our officers and directors, affiliates, subcontractors, employees, agents, and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Site or Services and any alleged violation by you of the Terms. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request. If you are a Provider, you will indemnify and hold harmless Sniffle and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of any Patient’s or other third party’s claim regarding or in connection with your use of the Services or breach of the Terms, to the extent that such liabilities, damages and costs were caused by you.
CHANGES AND UPDATES
- Changes to Terms. Sniffle may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Sniffle can change, update, or add or remove provisions of the Terms at any time by posting the updated Terms on the Site and by providing a notice on the Site.The most current version will always be posted on the Sniffle Website. If an amendment is material, as determined in our sole discretion, we will notify you by email. Notice of amendments may also be posted to our blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require us to obtain your consent to such changes, or to provide you with sufficient advance notice of them. By using the Site or Services after Sniffle has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site and Services because by continuing to use the Services you indicate your agreement to be bound by the updated Terms.
- Changes to Services. Sniffle constantly changes and improves the Site and Services. We may add, alter, or remove functionality from a Service at any time without prior notice. We may also limit, suspend, or discontinue the Site or Service, or any feature of the Site of Service, at any time in our sole discretion. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.
- Local laws; Export Control. Sniffle controls and operates the Site and the Services from its headquarters in the State of Arkansas in the United States of America, and the Site, Service, or Materials may not be appropriate or available for use in other locations. If you use the Site or Services you are responsible for following applicable local laws and regulations.
- Feedback. If you send or transmit any communications, comments, questions, suggestions, or related materials to Sniffle, whether by letter, email, telephone, or otherwise (Feedback), suggesting or recommending changes to the Site, Services, or Materials, including, without limitation, new features or functionality relating thereto, all Feedback is, and will be treated as, non-confidential and non-proprietary information. You hereby assign all right, title, and interest in, and Sniffle is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in Feedback, whether or not patentable, for any purpose whatsoever, including, but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using Feedback. You understand and agree that Sniffle is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in Feedback, and you have no right to compel such use, display, reproduction, or distribution.
- Choice of Law. Thee Terms will be subject to and construed in accordance with the laws of the State of Arkansas, United States of America, excluding its rules regarding conflicts of law. Foreign laws do not apply. You agree that any claim or dispute you may have against Sniffle must be resolved exclusively by a state or federal court located in the State of Arkansas, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You hereby submit to the personal jurisdiction of any state or federal court located in Little Rock, Arkansas.
- Arbitration. For any claim (i) raised by a resident of a country other than the United States of America; or (ii) where the total amount of the award sought is less than ten thousand dollars ($10,000.00), you agree that Sniffle may elect to resolve the dispute in a cost effective manner through binding, non-appearance-based arbitration. If Sniffle elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution (ADR) provider chosen by Sniffle. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.
- Electronic Communications. By using the Site and/or the Services, you consent to receiving electronic communications from Sniffle. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with Sniffle. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- General. Sniffle prefers to advise you if we feel you are not complying with the Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Sniffle, may result in immediate termination of your access to the Site without prior notice to you. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to the Terms. If any of these Terms are found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Sniffle’s failure to enforce any of the Terms is not a waiver of such term. The Terms are the entire agreement between you and Sniffle and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Sniffle about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of the Terms.
- Assignment. You may not assign the Terms without Sniffle’s prior written consent, which may be withheld in Sniffle’s sole discretion. Sniffle may assign these Terms at any time without notice to you.
- Entire Agreement. The Terms (including the Additional Terms) constitute the entire agreement between you and Sniffle, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of the Terms, and are void.
- Independent Contractors. The relationship between you and Sniffle is that of independent contractors, and not legal partners, employees, or agents of each other.
- Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
- No Waiver. Sniffle’s failure or delay to enforce a provision under the Terms is not a waiver of its right to do so later.
- Severability. If any provision of the Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
- Third Party Beneficiaries. Except as expressly provided in the terms, there are no third party beneficiaries to the Terms.
- Survival. The following sections will survive the termination of the Terms: 8, 10, 15, 16, 19, 23, 26, 33, 35, 36, 37, 39, 41, 43, 45, 46, 49
- Definitions. As used in the terms, the following words have the following meanings:
53.1 “Beta Account” is a Patient or Provider account that accesses or uses a Beta Release.
53.2 “Beta Feature” means any Service feature or Service that is expressly identified as “Beta”, “Alpha”, “Experimental” or “Pre-Release” or that is otherwise expressly identified as unsupported.
53.3 “Beta Release” means a Sniffle Account that accesses or uses Beta Features may contain, in Sniffle’s sole discretion, Beta Features or more or fewer features or different licensing terms than a subsequent commercial release version of the Site and/or Services.
53.4 “Mobile Application” means any mobile application developed by Sniffle to allow Patients and Providers to use the Services.
53.5 “Patient” or “Patients” means an individual user of the Services.
53.6 “Provider” means a participating medical professional.
53.7 “Service” or “Services” means any product or service Sniffle offers through the Site or the Mobile Application.
53.8 “Site” means the Website, the Mobile Application, any website, webpage, or application linked to through the Website or the Mobile Application, and any software we provide to allow you to use a mobile device to access our Website or Mobile Application.
53.9 “Sniffle Account” means a Patient’s account or a Provider’s account established in accordance with the Terms.
53.10 “Website” means the website any webpage linked to from the webpage located at www.sniffle.com.
- Contact. If you have any questions about the Terms or otherwise need to contact Sniffle for any reason, you can reach us at Sniffle Health Inc., 400 West Capitol Ave Suite 1700, Little Rock, AR 72201 with a copy to support@Sniffle.com or call us at (800) 510-1389.