Amino Terms of Use

Last updated: July 5, 2016

These terms and conditions of use (“Terms of Use”) apply to your access to, and use of, the Web site of Amino, Inc. ("Amino”), located at Amino.com and all related web sites, mobile sites, data files, visualizations, and applications which link to these Terms of Use (the “Sites”) and to all features and services accessed through the Sites (the “Amino Service”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Amino, or its subsidiaries or affiliates, for products, services or otherwise.

To the full extent permitted by applicable law, Amino reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Sites or the Amino Service, at any time and at its sole discretion by providing notice the Terms of Use have been modified. Such notice may be provided by sending an email, by posting a notice on the Sites, by posting the revised Terms of Use on the Sites and revising the date at the top of these Terms of Use or by such other form of notice as determined by Amino. Your continued use of these Sites or the Amino Service following the posting of the revised Terms of Use or other notice of such changes will constitute your acceptance of such changes or modifications. Otherwise, any changes or modification will be effective within thirty (30) days of the posting of the revisions on the Sites unless you notify Amino within such thirty (30) days that you do not agree to the changes and you stop using the Sites and the Amino Service.

If you have any question regarding the use of the Sites or the Amino Service, please refer first to the Frequently Asked Questions. All other questions or comments about the Sites or its contents should be directed to support@amino.com.

1. Privacy Policy

Please refer to Amino’s Privacy Policy for information on how Amino collects, uses and discloses personally identifiable information from its users that are conducting general searches.

The privacy of information maintained in Amino’s User Accounts is governed by our Notice of Privacy Practices.

2. The Amino Service

Amino uses proprietary processes and algorithms to provide information to users (“Users”) to assist them in finding and selecting a doctor or other health provider (a “Provider”). The Amino Service also includes a booking service that will assist Users in making an appointment with a Provider located through the Amino Service (the “Booking Service”). If you make an appointment through the Booking Service, you acknowledge and agree that you are entering into a direct relationship with the Provider. It is solely up to you to verify whether the insurance plan you have will apply to the Provider and the services being provided.

3. Permission to Share Protected Health Information

The Amino Service may involve the electronic disclosure of protected health information (“PHI”) to service providers who assist us in providing the Amino Service (“Service Providers”). These Service Providers are prohibited from using the PHI for any other purposes and must agree to a non-disclosure agreement protecting such PHI. By agreeing to these Terms of Use, you authorize us to electronically disclose this information with such Service Providers in each instance.

5. Alerts and Notifications; Consent to Use of Mobile Communications

As part of the Amino Service, you may (if enabled) receive text messages, alerts, confirmations, emails, or other types of messages from Amino. You can opt in or out of these messages through the Sites by emailing support@amino.com (with the exception of important service announcements and administrative messages) or by replying “STOP” via text message. You consent to Amino’s communicating with you about the Amino Service in connection with the features, functions and activities contained therein by SMS, text message, email or other electronic means. Your carrier's normal messaging, data and other rates and fees will apply to these communications.

6. Copyright and Limited License

Unless otherwise indicated, the Sites and all content and other materials on the Sites, including, without limitation, the Amino logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Amino or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Sites and the Amino Service for your informational, non-commercial and personal use only. Such license is subject to these Terms of Use and does not include: (a) any resale or commercial use of the Sites, the Site Materials, or the Amino Service; (b) the collection and use of any provider listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) the modification or other derivative use of the Sites and the Site Materials, or any portion thereof; (e) the use of any data mining, scraping, robots or similar data gathering or extraction methods; (f) the downloading (other than page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites, the Site Materials or the Amino Service other than for their intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of Amino, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

Amino may provide access on the Sites to data visualizations, extracts, files, and other data content for you to create and publish information for consumers (the “Amino Data Products”). Subject to the terms and conditions of these Terms of Use, Amino hereby grants to you and you hereby accept a non-exclusive, non-transferable license, without the right to sublicense, to use the Amino Data Products solely for the creation of online, graphical representations of the Amino Data Products (“Data Maps”) for display to the general consumer public in connection with associated news articles or other content drafted by you. All Data Maps must contain attribution in the form of an active hypertext link back to Amino.com. The foregoing license is provided to you at no cost. The rights granted under these Terms of Use for the Amino Data Products specifically exclude the right to directly or indirectly modify, sell, distribute, reverse engineer or sublicense the Amino Data Products, or any portion thereof, to any person or entity. The rights granted also specifically exclude your right to use the Amino Data Products solely for internal purposes without the intent to publish content to the consumer public. You also agree that you will not attempt to ascertain any PHI (as that term is defined in the Health Insurance Portability and Accountability Act) from the Amino Data Products. In the event that you receive any PHI from Amino, you agree that you will immediately (i) notify Amino that you have received PHI, and (ii) delete all copies of the PHI, including all copies of such PHI maintained on any backup or archival systems, and certify a writing that you have deleted such PHI.

7. Trademarks

Amino, the Amino logos and any other Amino product or service name or slogan contained in the Sites are trademarks of Amino, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Amino or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Amino" or any other name, trademark or product or service name of Amino without Amino’s prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, buttons, icons and scripts, is the service mark, trademark and/or trade dress of Amino and may not be copied, imitated or used, in whole or in part, without Amino’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

8. Third Party Content

Amino may provide, link to or utilize third-party data and other content, on the Sites or in connection with the Amino Service (collectively the "Third-Party Content") as a service to those interested in this information. Amino does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy, currency, or completeness. You acknowledge and agree that Amino is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content and anything derived therefrom at their own risk.

9. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Amino has adopted a policy of terminating, in appropriate circumstances and at Amino's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Amino may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

10. Copyright Complaints

If you believe that anything on the Sites infringes upon any copyright which you own or control, you may file a notification of such infringement with Amino’s Designated Agent as set forth below.

Name of Designated Agent: Kevin Chanthasiriphan
Address: 394 Pacific Avenue, San Francisco, CA 94111
Email: copyright@amino.com
Phone: (415) 300-2896

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by Amino or the alleged infringer as the result of Amino’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

11. Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for non-commercial purposes, provided such link does not portray Amino or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an Amino logo or other proprietary graphic of Amino as a link to the Sites without the express written permission of Amino. Further, you may not use, hot-link to, frame or utilize framing techniques to enclose any Amino trademark, logo or other proprietary information, including the images found at the Sites, the Site Materials (including any charts or data), and the layout/design of any page or form contained on a page on the Sites without Amino's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Amino or any third party. Amino makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under Amino’s control and Amino is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Amino provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Amino of any site or any information contained therein. When you leave the Sites, you should be aware that Amino’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

12. Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, images, photos, original or creative materials or other information, regarding Amino, the Sites, or the Amino Service, that are provided by you in the form of email or other submissions to Amino, or any postings on the Sites, are non-confidential and shall become the sole property of Amino. Amino shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

13. User Content and Conduct

The Sites may include interactive areas (“Interactive Areas”), such as forums, in which you or other users create, post or store any content, messages, reviews, materials, text, photos, video, graphics, or other items or materials on the Sites ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Unsolicited promotions, political campaigning, advertising or solicitations;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Viruses, corrupted data or other harmful, disruptive or destructive files; and
  • User Content that, in the sole judgment of Amino, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Amino or its users to any harm or liability of any type.

You further agree that you are solely responsible for your conduct while on the Sites and in connection with the Amino Service, and you agree that you will not do any of the following in connection with the Sites, the Amino Service or its users:

  • Use the Sites or the Amino Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
  • Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
  • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Harvest or otherwise collect information about users, including email addresses, without their consent;
  • Scrape the Sites or the Amino Service or otherwise use any data mining, robots or similar data gathering or extraction methods in connection therewith;
  • Use the Sites or the Amino Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms of Use; or
  • Circumvent or attempt to circumvent any filtering, security measures or other features Amino may adopt to protect the Site, the Service, its users or third parties.

Amino takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is Amino liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms of Use is solely at Amino's discretion, and failure to enforce such rules in some instances does not constitute a waiver of Amino’s right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. As a provider of interactive services, Amino is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Amino has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Amino reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites.

If you post User Content to the Sites, unless Amino indicates otherwise, you grant Amino and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Sites and the promotion thereof including without limitation the right to use your name, likeness, voice or identity. You grant Amino and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if Amino chooses. You understand and agree that the use of your or other users’ name, likeness, voice or identity in connection with various features on the Sites does not imply any endorsement of such feature or of the Sites of the Amino unless explicitly stated otherwise. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

14. Registration Data and Account Security

In consideration of your use of the Sites, if you create an account, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Amino, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Amino.

15. Indemnification

You agree to defend, indemnify and hold harmless Amino, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Sites or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against Amino and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.

16. Disclaimer

Amino reserves the right to change any and all content contained in the Sites and to modify, suspend or discontinue the Sites or the Amino Service or any features or functionality thereof at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Amino.

18. Applicable Law and Venue

These Terms of Use and your use of the Sites and the Amino Service shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in San Francisco County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

19. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury

  1. Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by Amino that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”), except that neither party is required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Arbitration Agreement applies to you and Amino, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
  2. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  3. Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
  4. Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Amino, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Amino.
  5. Waiver of Jury Trial. YOU AND AMINO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Amino in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND AMINO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
  6. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in these Terms, in the event that this sub-paragraph is deemed invalid or unenforceable, neither you nor Amino are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in San Francisco County, California.
  7. Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
  8. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
  9. Small Claims Court. Notwithstanding the foregoing, either you or Amino may bring an individual action in small claims court.
  10. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in San Francisco, California, for such purpose.
  11. Survival. This Arbitration Agreement will survive the termination of your relationship with Amino.

20. Termination

Notwithstanding any of these Terms of Use, Amino reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.

21. Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

22. Children’s Privacy

We are committed to protecting the privacy of children. Neither this Site, nor any of the Services offered on this Site is intended or designed for use by children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. By accessing, using and/or submitting information, you represent that you are not younger than 13 years of age.

23. Leapfrog Hospital Safety Score

You are being granted access to the Leapfrog Hospital Safety Score (the “Safety Score”) contained on this site in order to enable you to compare hospitals. The Safety Score grades hospitals on their overall performance in keeping patients safe from preventable harm and medical errors by using a grade of A, B, C, D or F. The grades are derived from expert analysis of publicly available data using evidence-based, national measures of hospital safety, including data reported through CMS Hospital Compare, the Agency for Healthcare Research and Quality, the Centers for Disease Control and Prevention, The Leapfrog Hospital Survey and secondary data sources. Over 2,500 hospitals receive a grade each time the Safety Score is updated, but certain hospitals do not, including critical access hospitals, specialty hospitals, pediatric hospitals, hospitals in Maryland and territories exempt from public reporting to CMS and other hospitals where adequate data is not available. Unless otherwise agreed upon in writing between you and Leapfrog, you may use the grades only for your personal or internal, noncommercial use and must not reproduce, republish, distribute, modify, reverse engineer or otherwise exploit the Safety Score in whole or in part, in any manner not expressly permitted by this agreement.

24. Questions & Contact Information

Questions or comments about the Sites may be directed to Amino at support@amino.com.