(Last updated October 9, 2018)
(Last updated October 9, 2018)
You agree that you will only use Lisa Health’s Services in non-emergency situations; that you are seeking the Services for informational and/or educational purposes only, and that all Services are provided ‘as is’ and without warranty or representation.
You may not use the Services if you A) are under 18 years of age; B) are a direct competitor of Lisa Health investigating the Services for competitive research; C) were previously suspended or removed from the website or Services; or D) have any harmful, malicious, disruptive, or unlawful purpose.
If you think you may have a medical emergency, please call your doctor or 911 immediately.
Lisa Health is not a Medical Doctor and does not engage in the practice of medicine. It is critical that you understand that our Services do not give medical advice. We do not engage in diagnosis or treatment of medical conditions. The Services are provided for educational and information purposes only.
We reference, analyze, and aggregate peer-reviewed scientific studies to create models that can help you make more informed decisions about your menopause and midlife health journeys, but we do not make these decisions for you. Every individual is different, and you should consult your physician in the event of any serious medical issues. Please do not ask Lisa Health for — or rely on — anything we communicate as medical advice. Although our apps, website, images, content, and communications may reference medical topics, we make no warranty whatsoever that any of the articles are accurate, up to date, or error-free. Even if a statement we make is accurate, it may not apply to you or your specific symptoms.
The medical information we discuss is, at best, general and cannot substitute for the advice of a medical professional (like a qualified doctor/physician, nurse, or other healthcare provider). We are not doctors. Use of the website and/or Services does not establish a doctor-patient relationship.
We have the right to cancel our service, in our discretion for any reason or for no reason. Without limiting the generality of the foregoing, you specifically acknowledge that Lisa Health has the right to terminate or suspend your account in the event that we determine, in our sole discretion, that you have violated these Terms, including participating in any activities that adversely affect other users’ experiences.
Lisa Health reserves the right, in our sole discretion, to change, modify, add, or remove portions of these Terms at any time with or without specific notice to you other than through posting such modified Terms on our website, through our applications, or both. The Terms will include the most recent date of revision and will be effective immediately upon posting unless otherwise specified herein. In the event of a material change to these Terms, we will attempt to notify you directly through a message sent to the e-mail address you provided upon registration or through the use of a notification in or through the application. You hereby acknowledge and agree that you will review these Terms periodically for any changes and review the date of last revision at the beginning of the Terms. If you are dissatisfied with the Services, then you agree that your sole and exclusive remedy is to discontinue any use of the Services.
Communications. Our Services may include communications or content that you receive outside of the Lisa Health applications, including email messages, push notifications, phone calls, or our website materials. You hereby consent to receiving such notifications. For SMS notification, you acknowledge and agree that you will be responsible for all charges for text messaging levied by your cell carrier.
Content disclaimer. A variety of information, articles, feedback, tips, advice, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“Content”) is available through the Services. Some of the Content is provided by Lisa Health or its suppliers, some by third parties not associated with Lisa Health, and other Content is provided by users, such as the Community features. While Lisa Health strives to keep the Content that we post accurate, complete, and up-to-date, Lisa Health cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Lisa Health or its suppliers, or by users of our Services. Any opinions, advice, statements, or other information expressed or made available by users or third parties are the responsibility of those respective users or other third parties and not of Lisa Health. Lisa Health does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made anywhere in the Services, including, importantly, within the Community feature.
Lisa Health does not have any obligation to prescreen, edit, or remove any content provided by users that is posted on or available through the Services. Notwithstanding the foregoing, Lisa Health will have the right (but not the obligation), in our sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such content.
You use our Services at your own risk. There is no guarantee that using our Services will result in improving your menopause symptoms or other midlife health concerns. Because our Services focus on educating you about women’s health, they contain detailed and sometimes graphic content about sexual acts, anatomy, medical complications, and more. If you are sensitive to this sort of subject matter, please do not use our Services.
Please do not ask Lisa Health for–or rely on–anything that we communicate as medical advice. Although Lisa Health’s Services include a menopause report and personalized well-being plans and may contain articles on medical topics, we make no warranty whatsoever that any of this information is accurate. Even if a statement we make about medicine is accurate, it may not apply to you.
The medical information we write about is, at best, general and cannot substitute for the advice of a medical professional (like a qualified doctor/physician, nurse, or other healthcare provider). We are not doctors. No one at Lisa Health can take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented in our materials. You should not interpret anything in our Services as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine.
The content of our Services, such as text, graphics, images, information obtained from our medical partners, sponsors, advertisers, and licensors are for informational purposes only. The Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately.
Lisa Health does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Lisa Health Site. Reliance on any information provided by Lisa Health, Lisa Health employees, or others appearing in our Services is solely at your own risk.
Subject to your acceptance of these Terms, Lisa Health grants to you a non-exclusive, non-transferable, personal, revocable, limited license to use the Services for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Services. You agree not to use the Services for any other purpose, or to copy or distribute the content of the Service, except as expressly permitted by these Terms. You also agree that you have no right to access, view, or alter any source code or object code of Lisa Health or our licensors. You further agree to comply with the Usage Restrictions relating to the Services set forth below.
In using our Services, you may come across content (such as hyperlinks, articles, Community questions and advertisements) provided by or linking to third party properties. Your dealings with third parties found on or accessible through our Services are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions; the payment for and delivery of items; your viewing or visiting content advertised by third parties; and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to users and shall not be construed as an endorsement by Lisa Health of content, items, or services on those third-party websites. Your access and use of such sites, including the content, items, or services on those sites, are solely at your own risk.
Lisa Health does not make any representations or warranties with respect to any content or privacy practices of such third parties or any items or services that may be obtained from such third parties, and you agree that Lisa Health will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties’ information or materials on the website.
Lisa Health’s Services and the information contained therein is the property of Lisa Health and our affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents, or other materials you access. Our posting of information or materials on the Services does not constitute a waiver of any right in such information and materials. You may not copy, redistribute, or publish any part of the Services unless we expressly permit you to in these Terms.
Lisa Health is a trademark of Lisa Health, Inc.
Lisa Health authorizes you to view or download a single copy of the material contained in the Lisa Health Services solely for your personal, noncommercial use, so long as you do not remove the copyright and other proprietary rights notices on or in the Services. Personal Use does not include use by an individual associated with any Lisa Health competitor, and such use is strictly prohibited.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any documents displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of Lisa Health or such third party that may own copyrights in material displayed on this Site.
The Services are subject to change or termination without notice in the editorial discretion of Lisa Health. All rights not expressly granted herein are reserved to Lisa Health and its licensors.
If you violate any of these Terms, your permission to use the Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Services.
Use of the Lisa Health Services is at your own risk.
LISA HEALTH AND ITS PARTNERS HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OR RELIANCE ON ANY PRODUCT OR SERVICE YOU USE OR ENCOUNTER ON ANY LISA HEALTH SERVICE. YOU AGREE THAT LISA HEALTH IS NOT LIABLE UNDER ANY THEORY OF LAW FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, THE FAILURE TO REALIZE ANY SPECIFIC MENOPAUSE OR MIDLIFE HEALTH BENEFIT OR RELATED OUTCOME, A FAILURE TO OBTAIN MEDICAL TREATMENT OR ANY OTHER ACTION OR OMISSION OF BEHAVIOR FOLLOWING ANY INFORMATION OR ADVICE FOUND ON OUR SITE OR IN ANY LISA HEALTH SERVICE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.
YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL TO ALLOWING LISA HEALTH TO PROVIDE A FREE SERVICE, AND THAT OUR SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. IF YOU DO NOT AGREE TO THESE LIMITATIONS, PLEASE DO NOT USE THE SERVICES. NO ADVICE OR INFORMATION YOU OBTAIN FROM US THROUGH THE SERVICES OR IN SUPPORT OF THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU; OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT LISA HEALTH IS FOUND TO HAVE A LIABILITY TO YOU, YOU AGREE THAT OUR AGGREGATE LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT THAT YOU PAID, IF ANY, TO LISA HEALTH WITH RESPECT TO YOUR INDIVIDUAL USE OF THE LISA HEALTH SERVICE IN QUESTION. IN ADDITION, YOU SPECIFICALLY AGREE AND ACKNOWLEDGE THAT LISA HEALTH IS NOT LIABLE FOR THE CONTENT SUBMITTED BY ANY OTHER USER, OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF A THIRD PARTY.
THE LISA HEALTH WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. LISAHEALTH, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
SPECIFICALLY, LISA HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:
IN NO EVENT WILL LISA HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, REPRESENTATIVES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE LISA HEALTH SERVICES. YOU WILL HOLD LISA HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, REPRESENTATIVES, HARMLESS FOR ANY SUCH ACTIONS OR DECISIONS TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION.
You agree to indemnify, hold harmless and defend Lisa Health, and any of its Affiliates, subsidiaries, officers, employees and Authorized Users from and against any and all claims, damages, liabilities, fees, losses, fines, penalties, and/or expenses, including reasonable attorney fees, arising from any suit or action brought against Lisa Health, its Authorized Users, Affiliates, subsidiaries, officers or employees, arising out of, related to, or based upon your use of the Services.
Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred.
Prohibited content. You agree that the following actions shall constitute a material breach of these Terms, and that you will not upload or transmit any communications or content of any type that:
When you provide Your Content in or to the Services or to Lisa Health, you hereby grant Lisa Health a non-exclusive, transferable, sublicensable, fully paid-up, royalty-free, perpetual, and irrevocable worldwide right and license, (including without limitation with respect to any publicity or likeness rights you may have in Your Content) to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, communicate to the public, and otherwise utilize and exploit Your Content.
In addition to the prohibited content rules above, you agree that your use of and conduct on the Services shall be lawful and will not:
The information you provide to the Services may be sensitive and of a highly personal nature, and you should investigate the data storage policies and retention capabilities of any equipment you use to access the Services, including those of any devices used to access our Services, before accessing the Services. If you are not the exclusive owner or user of a device used to access the Services, then you may want to avoid using such device for accessing the Services. Be aware that many computers provided by employers are subject to policies that may allow remote access and monitoring, and any information you communicate to the Services may be subject to access and monitoring by your employer.
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Lisa Health passwords or accounts. It is the registered member’s sole responsibility to: (1) control the distribution of their passwords or account information; (2) authorize, monitor, and control access to and use of their Lisa Health account and password; (3) inform Lisa Health of any need to deactivate their password or change their registration, as soon as possible.
For any Lisa Health-related account, we recommend choosing passwords that are:
Lisa Health operates and controls the Services from our offices in the United States. We make no claims that the Services or Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Lisa Health Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Limitation of liability / Disclaimer of warranties, Indemnification, User Submissions, Jurisdiction, and Complete Agreement.
Lisa Health may discontinue or change our Services at any time with or without prior notice and without liability to you. We make no guarantee that our Services will be available at all times or without interruption.
These Terms are governed by the substantive laws of The State of California (excluding its choice of law rules). The parties consent to the exercise of exclusive jurisdiction by the state or federal courts in The State of California for any claim relating to these Terms. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the California in connection with any such dispute including any claim involving Lisa Health or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
Termination by Lisa Health. You agree that Lisa Health may terminate your account at any time for your violation of any of the provisions of these Terms.
Termination by you. If you are dissatisfied with the Lisa Health Services, please let us know by e-mailing us at email@example.com. Your only other remedy with respect to any dissatisfaction with (a) the Services, (b) any portion of these Terms, (c) any policy or practice of Lisa Health in providing the Services, or (d) any content or information transmitted through the Site or the Services, is to terminate the Services and your account. You may terminate the Services at any time by discontinuing your use of any and all parts of our Services and providing Lisa Health notice of termination by emailing us at firstname.lastname@example.org.
The Terms and any rights and licenses granted hereunder may not be transferred or assigned by you without Lisa Health’s prior written consent, but may be assigned by Lisa Health without restriction. Any assignment attempted to be made in violation of these Terms shall be void. These Terms shall be binding upon and inure to the benefit of the parties hereto, and their permitted successors, heirs, and assigns.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lisa Health as a result of these Terms or use of the Lisa Health Services.
For questions or comments about the Terms, please email us at email@example.com.
You can also reach us by mail at:
Lisa Health Inc.
195 41st Street, Box 11210
Oakland, CA 94611
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Lisa Health on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Lisa Health, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Lisa Health by someone else.
Agreement to Binding Arbitration Between You and Lisa Health.
You and Lisa Health agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Lisa Health, and not in a court of law.
You acknowledge and agree that you and Lisa Health are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Lisa Health otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Lisa Health each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure.
Unless you and Lisa Health otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Lisa Health submit to the Arbitrator, unless you request a hearing, or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorney’s’ fees and expenses, to the extent provided under applicable law. Lisa Health will not seek, and hereby waives all rights Lisa Health may have under applicable law to recover, attorneys’ fees and expenses if Lisa Health prevails in arbitration.
It is your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Lisa Health will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the above, regarding consent to be bound by amendments to these Terms, if Lisa Health changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Lisa Health written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Lisa Health, Inc. (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address associated with your Account to: firstname.lastname@example.org. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Lisa Health in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
These Terms were last updated October 9, 2018.
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