Please read these terms and conditions of use carefully. By accessing or using this web site or the Amino service, you agree to be bound by the terms and conditions described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this web site.
Arbitration notice: except for certain types of disputes described in the arbitration clause below, you agree that disputes between you and Amino will be resolved by mandatory binding arbitration and you waive any right to participate in a class-action lawsuit or class-wide arbitration.
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 email@example.com.
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
4. No Recommendations or Medical Advice; No Liability for Provider or Estimates
Amino is not a referral service and does not recommend, endorse, discourage, screen or approve any providers or any medical procedures, products or services, nor does Amino provide medical advice of any kind. You are solely responsible for selecting and determining the suitability of providers you use and for obtaining any additional information you need to make an informed decision prior to utilizing any provider, whether or not you obtained information about such provider through the Amino service and whether or not Amino assisted in making an appointment with such provider. Any cost or pricing information available through the Amino Service, including any information regarding the amounts you and your insurance company might be expected to pay a provider, is an estimate only based on a variety of factors considered by Amino and is not intended as a representation or guarantee as to the specific pricing applicable to particular procedures for a given provider. Amino makes no representations or warranties of any kind regarding, and disclaims all responsibility or liability for: (a) the quality or suitability of any provider; (b) the advice, treatment or other services rendered and any claims arising therefrom; (c) the results obtained from any provider; (d) the conduct or actions of any provider; and (e) the accuracy of any information accessed through the Amino service including cost estimates.
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 firstname.lastname@example.org (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.
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
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. HyperlinksYou 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.
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;
- 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.
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.
Except as expressly provided to the contrary in a writing by Amino, the sites, the site materials contained therein and the Amino service are provided on an "as is" basis without warranties of any kind, either express or implied. Amino disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the sites and the Amino service, including the information, content and materials contained therein. Amino does not represent or warrant that the sites, the site materials, or the Amino service are accurate, complete, reliable, current or error-free.
Amino is not responsible for typographical errors or omissions, including relating to providers. While Amino attempts to make your access and use of the sites and the services safe, Amino cannot and does not represent or warrant that the sites or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.
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.
17. Limitation of Liability
To the fullest extent permitted by applicable law: (a) in no event shall Amino, its directors, members, employees or agents be liable for any special, indirect or consequential damages, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use any providers, the sites, the Amino service, the site materials, the user content or the materials contained in or accessed through the sites, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Amino, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Amino's records, programs or services; and (b) in no event shall the aggregate liability of Amino, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use any providers, the Amino service, the sites, and the site materials, exceed any compensation you pay, if any, to Amino for access to or use of the sites and the Amino service.
18. Applicable Law and Venue
19. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
Please read the following paragraphs carefully because they require you to arbitrate disputes with Amino, and limit the manner in which you can seek relief from us.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Small Claims Court. Notwithstanding the foregoing, either you or Amino may bring an individual action in small claims court.
- 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.
- Survival. This Arbitration Agreement will survive the termination of your relationship with Amino.
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 Grade
You are being granted access to the Leapfrog Hospital Safety Grade (the “Safety Grade”) contained on this site in order to enable you to compare hospitals. The Safety Grade measures 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 Grade 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 Grade 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 email@example.com.