Terms of Use

Thank you for your interest in Rheumission. Welcome!

Rheumission is a technology company that offers a platform for you to receive personalized, supportive healthcare for rheumatology conditions.

Below is a non-binding plain English summary of our official Terms of Use.  We are offering this summary to help guide you in understanding whether Rheumission is the right technology platform for you.  The summary has no legal force or effect.  Our official Terms of Use, which if accepted by you will form a binding contract, can be found under the “Terms of Use” heading below.

All health care services you receive are provided by independent, licensed doctors, nurse practitioners, and other clinicians practicing within a professional medical practice. Throughout the Terms of Use, we call them the “Medical Group.” For us to pair you with a doctor or nurse licensed in your state, it is important that you accurately identify your location before joining a virtual visit. You can read more about the benefits and limitations of telehealth in our Informed Consent.

The doctors, nurse practitioners, and other clinicians you interact with through Rheumission will be able to address most of your rheumatology condition health needs, but the Rheumimssion platform cannot be used for medical emergencies. If you have a medical emergency, call “911” immediately.

Rheumission respects your right to privacy. You can read more about our privacy practices here.  

We may contact you with important information by email, push notification, SMS, or phone, including that lab results are ready, progress tracking, and that you have messages in your inbox. While you can opt out of these in your account settings, you may not receive certain helpful information and reminders about your progress and treatment.

You should also know that if our team can’t help you with a dispute, except for certain disputes listed in the Terms of Use, the dispute will be resolved by binding arbitration in an individual capacity, and not as a part of any class action. Arbitration means a professional arbitrator will decide how to resolve our dispute instead of a judge or a jury in court, and it often helps resolve things faster. Also, be aware that the Terms of Use provide that Rheumission’s liability is limited in all circumstances.

Finally, be aware that Rheumission is not insurance, and the Medical Group is not an insurer. 

Terms of Use

The Site is not intended for use in the event of an emergency or other urgent situations. If you believe you may have a medical emergency, call 911 immediately.  If you are thinking about suicide, or are worried about a friend or loved one committing suicide, call the national suicide prevention lifeline at 800-273-8255.

Rheumission, Inc. (“Rheumission”, “we,” “our” or “us”) owns and operates the website www.rheumission.com (the “Site”), a virtual clinic website browser (the “Web App”) and the Rheumission mobile applications (the “Mobile Apps”). We facilitate access to online clinical telehealth services from and communications with employed and independent licensed healthcare professionals (the “Providers”) to patients through the Site, the Web App and the Mobile Apps (collectively, the “Services”). Please read these Terms of Use (the “Terms”) carefully before using the Services. By accessing, browsing or otherwise using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, including the mandatory arbitration provision in Section 17. If you do not agree to be bound by these terms, you may not access or use the Site, the Web App, the Mobile Apps or the Services.

1. Healthcare Services

Rheumission offers an online communication platform for employed and independent Providers and their patients to connect via the Services through the use of synchronous and asynchronous telecommunications technologies. The Services facilitate communication between patients and Providers.

Rheumission does not provide medical advice or care. Rheumission contracts with Yashi Care Medical PC. (“Yashi Care”) and Yashi Care Affiliated Covered Entity (collectively, the “Group”), an independent, physician-owned medical group with a network of Providers who provide clinical telehealth services, and its related practices. The Providers are independent of Rheumission and merely use the Service as a way to communicate with you. By accepting these Terms, you acknowledge and agree that any services you receive from the Providers are not subject to these Terms.  The Providers, and not Rheumission, are responsible for the quality and appropriateness of the care they render to you. Any information or advice received from a Provider comes from them alone. Neither Rheumission nor any third party who promotes the Site or Service or provides you with a link to the Service, shall be liable for any professional advice you obtained from a Provider via the Site, nor for any information obtained on the Site. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all associated risks.

The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Rheumission. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. While Rheumission facilitates your selection of, and communications with, Providers, Rheumission does not provide medical services, and the doctor-patient relationship is between you and your Medical Group Provider. The services and information provided by Rheumission, are intended to be for general information purposes only.

NO HEALTHCARE PROVIDER/PATIENT RELATIONSHIP IS CREATED BETWEEN RHEUMISSION AND AN INDIVIDUAL, INCLUDING WHEN AN INDIVIDUAL USES THE SERVICES; A HEALTHCARE PROVIDER/PATIENT RELATIONSHIP MAY BE CREATED BETWEEN ONE OR MORE PROVIDER AND A PATIENT WHEN THE PATIENT RECEIVES MEDICAL ADVICE FROM A PROVIDER.  

The Services are not intended or implied to be a substitute for professional medical diagnosis or treatment.  You are encouraged to confirm any information or advice obtained from or through the Services with other sources, and review all information and advice regarding any medical condition or treatment with your primary care physician or other healthcare professional.  NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICES.

2. Risks of Telehealth Services

By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision-making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.

By accepting these Terms, you provide informed consent to participate in a telemedicine visit. Please see a copy of our Informed Consent for a description of the risks and benefits of telemedicine. The Informed Consent is hereby incorporated into these Terms by reference and constitutes a part of these Terms.

3. Not an Insurance Product

Neither Rheumission nor the Medical Group are insurers. The Services are not insurance products, and the amounts you pay to Rheumission or the Medical Group are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.

4. Availability of Services

Rheumission and the Medical Group operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States.

Certain features of the Site may be subject to additional terms and conditions (“Additional Terms”). We may present Additional Terms to you when you activate or use a feature to which Additional Terms apply (either in the form of disclaimers or notices, or a separate document), and your use of any feature constitutes your acceptance of these Additional Terms before using such feature. Unless otherwise stated in the Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree with the Additional Terms, you will not have access to the feature to which they relate.

5. Privacy Practices

The Rheumission Site Privacy Policy explains how we treat your information and protect your privacy. By accessing or using Site or Services, you agree that information provided by you in connection with the Services and Site will be governed by the Privacy Policy, and further, that information provided by you in connection with the Services will also be governed by the Medical Group’s Notice of Privacy Practices.

6. User Accounts; Security and Restrictions

You agree to fully, accurately, and truthfully create your Rheumission Account (“Account”), including but not limited to your legal name, mailing address, phone number, email address, and password.

Your Account and password are personal to you, and you are responsible for maintaining the confidentiality of your Account password, and for all activities that occur under your Account. You may not transfer or share your Account password and agree to prohibit anyone else from using your Rheumission Account. Rheumission reserves the right to take any action, as it deems necessary or reasonable, regarding the security of the Site and your Account, including the right to revoke your access to the Site with or without cause. Under no circumstances shall Rheumission be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site or your release of your Account or Account password to a third party.

7. Eligibility to Use the Site

The Site and Services are only for users older than the age of 18. We do not knowingly collect information of individuals under the age of 18.  If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at support@rheumission.com.

Specifically, to be eligible to use the Site, you must meet the following criteria and, by agreeing to these Terms, represent and warrant that you: (a) are at least 18 years of age or older; (b) are a legal resident of the United States and located in a State where the Services are available; (c) have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site; (d) will only maintain one Account at any given time; and (e) have full power and legal authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party, and will comply with these Terms at all times.

8. Access Rights and Restrictions

Subject to these Terms and the payment of all applicable fees, Rheumission grants you a limited, revocable, non-transferable, non-exclusive right to access and use the Services solely for your personal and non-commercial use.  All rights not expressly granted to you in these Terms are reserved and retained by Rheumission or its licensors, suppliers, publishers, rights holders, or other content providers.

You agree not to (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) impersonate or misrepresent your identity or falsely state or misrepresent your current location, medical history, information about your medical condition, or your affiliation with a person or entity; (iii) promote, encourage, or engage in defamatory, abusive, libelous, obscene, threatening, or otherwise objectionable behavior; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (iv) use robots or scripts with the Site; (v) distribute viruses or other harmful computer code through the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) harvest or collect PHI about any other individual who uses the Site or the Services; (ix) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties; or (x) otherwise use the Services or Site in any manner that exceeds the scope of use granted above.

Rheumission reserves the right, in its sole discretion, to terminate your access to all or part of the Service, with or without cause, and with or without notice. Violations of system or network security may result in civil or criminal liability. Rheumission will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

9. Feedback; Testimonials

If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you. Any such feedback will be our property that we can use, including for commercial purposes, at our discretion without having to credit you.  Rheumission will never publish your name or other identifying information in connection with any testimonial unless you have given us your prior approval. Rheumission may republish any publicly available review, comment, or testimonial about Rheumission or the Site on its websites or in other media.

10. Mobile Services and Software

10.1 Consent to Receive Electronic Communications

You consent to receive electronic communications from Rheumission (e.g., via email, push notifications on your tablet or mobile device, by posting notices to the Site). These communications may include notices about your Account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We also may send you informational communications via push notifications, including, but not limited to, notifications about care plans, progress tracking, prescription fulfillment, appointment reminders, and the like. You may disable these notifications directly through your tablet or mobile device settings. Please note that if you choose to stop receiving these push notifications from us you may not receive important and helpful information and reminders about your progress and treatment. We also may send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving promotional emails at any time by following the unsubscribe instructions provided in the email.

By providing your phone number to us through the Site, you consent to be contacted by or on behalf of Rheumission and the Medical Group at the number you have provided, including calls and/or text messages regarding the Services. Message and data rates may apply. You can opt-out of any further text messages by replying “STOP” or by emailing us at support@rheumission.com.

ATTENTION: Email and text messages are not secure methods of communication, and we cannot ensure the security or confidentiality of messages sent by email and/or text messages. Information, including personal health information, transmitted by email or text message is not encrypted and could be read by a third party. If you would prefer not to exchange personal health information via email or text message, please notify us at support@rheumission.com.

10.2 The Mobile App

The Services includes certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Subject to these Terms, Rheumission hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Services. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App on another device on which you also agreed to these Terms. Each instance of theseTerms that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.

The technology and software underlying the Services or distributed in connection therewith are the property of Rheumission, its affiliates, and its licensors (including the Mobile Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Rheumission.

Rheumission offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Services, you agree to comply with all applicable terms of any agreement for such third-party products and services.

With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the “Apple-EnabledSoftware”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

• Rheumission and you acknowledge that these Terms are concluded between Rheumission and you only, and not with Apple Inc. (“Apple”),and that as between Rheumission and Apple, Rheumission, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to theApple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Rheumission’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
• Rheumission and you acknowledge that Rheumission, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that theApple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Rheumission and Apple, Rheumission, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• You represent and warrant that (a) 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 (b)you are not listed on any U.S. Government list of prohibited or restricted parties.
• If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Rheumission as follows:

               Rheumission
               1014 S. Westlake Blvd., Suite 14, PMB #413
               Westlake Village, CA 91361
               support@rheumission.com
               (626) 995-01118

• You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.

Rheumission and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms are between you and Rheumission only, and not with Google, Inc.(“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Rheumission, and not Google, is solely responsible for Rheumission’s Google-Sourced Software;(e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Rheumission’s Google-Sourced Software.

11. Terms of Sale

These Terms of Sale govern any purchases and other transactions made on the Site. If your employer or insurance company invited you to register for an account, then these Terms of Sale in Section 11 may not apply to you, unless you make additional purchases on the Site.  

All sales are final.  You are responsible for all purchases that you make on the Site.  Rheumission may accept insurance for certain Services or other purchases that you make on the Site; however, Rheumission reserves the right to decline to accept insurance in its sole and absolute discretion.  Rheumission need only look to you for payment for Services and other purchases that you make on the Site, even if you have health insurance.

11.1. Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (each, a “Transaction”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Transaction may be suspended or canceled. You must resolve any payment method problems before we proceed with your Transaction. If you want to change or update your payment method information, you can do so at any time by logging into your account.

You acknowledge that the amount billed may vary due to promotional offers, preferences you select, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.

11.2. Customer Service

If you have any questions or concerns relating to your order, please contact us at support@rheumission.com.

12. Intellectual Property

You are solely responsible for all code, content, images, information, data, text, software, photographs, graphics, messages or other materials (“content”) that you upload, share, input, post, publish, email or display (hereinafter, “share”) via the Services (collectively, the “User Content”).  Rheumission reserves the right to monitor all use of the Services, and to investigate and take appropriate legal action against anyone who, in Rheumission’s sole discretion, violates applicable law or these Terms with respect to User Content, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.  

You represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.  You hereby grant Rheumission a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, irrevocable license to copy, display, share, perform, distribute, store, modify and otherwise use your User Content, subject to the Privacy Policy for the operation and provision of the Services; for our other business purposes, including the improvement or enhancement of the Services, the development and provision or new products, services and offerings, and for other development or corrective purposes in connection with the Services and other Rheumission offerings, products or services, in each case in any form, medium or technology now known or later developed; to create aggregated or other de-identified data, and the marketing or promotion of any of the foregoing; except to the extent that any use would be prohibited by HIPAA or other applicable law.  You represent and warrant that any authorized use of your User Content by Rheumission does and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, and intellectual property rights.  

You hereby authorize Rheumission and its third-party service providers to derive statistical and usage data relating to your use of the Services (“Usage Data”).  We may use Usage Data for any purpose at any time in accordance with applicable law and our Privacy Policy.

You acknowledge and agree that Rheumission may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Rheumission, its users and the public.  You understand that the technical processing and transmission of the Services, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are the property of Rheumission, the Medical Group, or its licensors or suppliers, as applicable, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, create derivative works of, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Rheumission trademarks, service marks, and logos are strictly prohibited without the prior written permission of Rheumission.

We respect copyright law and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using the Services that are reported to us, provided they meet the criteria below.

If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Services by providing us the following information:

• the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a comprehensive list of the copyrighted works that you claim have been infringed;
• the material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on the Services where such material may be found;
• your mailing address, telephone number, and, if available, email address;
• a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
• a statement that the information in this Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; an
• your full legal name and your electronic or physical signature

You may deliver this notice, with all items completed, to us:

Copyright Agent
Rheumission
1014 S. Westlake Blvd, Suite 14, PMB #413
Westlake Village, CA 91361

Upon receipt of the Notice as described below, Rheumission will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.

13. Links to Other Sites

Rheumission makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Rheumission site, please understand that it is independent from Rheumission and that Rheumission has no control over the content on that website. In addition, a link to a non-Rheumission website does not mean that Rheumission endorses or accepts any responsibility for the content, or the use, of the linked site. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites.

14. Disclaimer of Warranties

RHEUMISSION DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. RHEUMISSION DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. RHEUMISSION DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY RHEUMISSION ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY RHEUMISSION OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. RHEUMISSION DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. MEDICAL GROUP PROVIDERS DO NOT PRESCRIBE DEA CONTROLLED SUBSTANCES, SUCH AS THOSE CONTAINING OPIOIDS OR AMPHETAMINES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. RHEUMISSION DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.

15. Limitation of Liability Regarding Use of the Services

EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:

RHEUMISSION SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE MEDICAL GROUP OR THE PROVIDERS. RHEUMISSION AND ANY THIRD PARTIES MENTIONED ON THE SERVICES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF RHEUMISSION TO YOU WITH RESPECT TO YOUR ACCESS OR USE OF THE SERVICES, THE SITE OR ANY CONTENT OR MATERIALS THEREIN SHALL NOT EXCEED THE GREATER OF (I) THE FEES YOU PAID TO RHEUMISSION IN THE THREE (3) MONTHS PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE, OR (II) $100 (ONE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. 

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY REGARDING USE OF THE SERVICES” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY.  IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

16. Indemnification

You agree to defend, indemnify, and hold harmless the Rheumission Parties from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Rheumission, the Medical Group, or any Provider or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

17. Dispute Resolution; Binding Arbitration

Please read the following sub-sections carefully because they require you to arbitrate certain disputes and claims with Rheumission and limit how you can seek relief from us, including a class action waiver. This Section 17 applies to all Disputes (unless excluded under Section 17) between you and the Rheumission Parties.

17.1. Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Rheumission agree (a) to waive your and Rheumission respective rights to have any and all disputes arising from or related to these Terms, or the Site, resolved in a court, and (b) to waive your and Rheumission respective rights to a jury trial. Instead, you and Rheumission agree to arbitrate disputes through binding arbitration (which is the referral of a dispute to one or more persons charged with reviewing the dispute and making a final and binding determination to resolve it instead of having the dispute decided by a judge or jury in court).

17.2. No Class Arbitrations, Class Actions or Representative Actions

You and Rheumission agree that any Dispute arising out of or related to these Terms or the Site is personal to you and Rheumission and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Rheumission agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Rheumission agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

17.3. Federal Arbitration Act

You and Rheumission agree that these Terms affect interstate commerce and that the enforceability of this Section 17 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

17.4. Notice; Informal Dispute Resolution

You and Rheumission agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Rheumission shall be sent by certified mail or courier to Rheumission Inc. Attn: Legal Dept., 5302 Via Jacinto, Newbury Park, CA 91320 Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 6 and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Rheumission cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Rheumission may, as appropriate and in accordance with this Section 17, commence an arbitration proceeding or, to the extent specifically provided for in Section 17.1, file a claim in court.

17.5. Process

Except for Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and agree that any Dispute must be commenced or filed by you or Rheumission within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Rheumission will no longer have the right to assert such claim regarding the Dispute). You and Rheumission agree that (a) any arbitration will occur (i) in the State of New York, (ii) in the county where you reside, or (iii) telephonically, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth herein (“AAA Rules”), which are hereby incorporated by reference, and (c) that the seat of the arbitration shall be New York City, New York and that state or federal courts of the State of New York and the United States, respectively, sitting in New York City, New York, have exclusive jurisdiction over any litigation in aid of arbitration and the enforcement of any arbitration awards. The parties shall attempt to agree on the single arbitrator to be appointed to resolve the Dispute. If the parties are unable to reach agreement within 30 days after commencement of the arbitration with the AAA, the arbitrator selection process identified in the AAA Consumer Arbitration Rules shall apply.  You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court. Each party shall be responsible for its costs incurred in such arbitration, but the arbitrator shall not have the authority to re-allocate those costs in an award or otherwise. If you cannot afford to pay for the arbitration, you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. As part of the arbitration, both you and Rheumission will have the opportunity to reasonable discovery of non-privileged information that is relevant and material to the Dispute, including the ability to request from each other, and third parties, documents, information and testimony that is relevant and material to the Dispute.

17.6. Authority of Arbitrator

As limited by the FAA, these Terms and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

17.7. AAA Rules

The AAA Rules and additional information about the AAA are available on the AAA website.  By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the AAA Rules, or (b) waive your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason.

17.8. Severability

If any term, clause or provision of this Section 17 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 17 will remain valid and enforceable. Further, the waivers set forth in Section 17.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

17.9. Opt-Out Right

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 17 by writing to support@rheumission.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 18.

18. Governing Law

These Terms, and your access to and use of the Site shall be governed by and construed and enforced in accordance with the laws of the State of California without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved on an individual basis in the state or federal courts of the State of California and the United States, respectively, sitting in San Francisco, CA

19. Application Support

All questions and requests relating to Site support must be directed to Rheumission. To submit a support request, please email us at Rheumission support@rheumission.com. Rheumission will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Site at any time, without notice.

20. International Users

Use of the Site is intended solely for residents of the United States. The Site may contain content, services, or information otherwise not accessible or valid in your country. Access to the Site from outside the United States is at your own risk, and Rheumission does not take responsibility for your use of the Site. Any offer for any product or service made on the Site is void where prohibited by law.

21. Assignment

You may not assign, transfer, or delegate the Terms of Use or any part thereof without Rheumission’s prior written consent. Rheumission may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

22. Right to Modify Terms of Use

Rheumission may change, add, or delete portions of these Terms at any time on a going-forward basis. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Site or updating the “Last Modified” date at the beginning of these Terms. Continued use of the Site and/or Services following such notice will indicate your acknowledgment of such changes and agreement to be bound by the revised Terms, including such changes. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such term will be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect. These Terms constitute the entire agreement between Rheumission and you pertaining to the subject matter hereof.