Terms of Service
Cleared Technologies PBC d/b/a Cleared (“Cleared,” or “we,” “our,” or “us”) welcomes you. We’re really excited that you have decided to access and use our website located at www.getcleared.com (the “Website”), our telehealth service portal (“Telehealth Portal”) which is made available to you through the Website, and/or purchase our products that are made available through our Website (“Products”).
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1. NO MEDICAL ADVICE BY CLEARED
You acknowledge and agree that Cleared does not, through the Website and the Telehealth Portal or otherwise, provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that Cleared does not evaluate the need to seek medical attention. Cleared only provides the platform through which you can connect with the Providers (as defined below) and access health-related services and information. Providers who provide services through the Telehealth Portal are independent professionals employed or contracted by AAl Medical, PC and not Cleared. Cleared does not control or direct the provision of services through the Telehealth Portal by the Providers and Providers are solely responsible for providing such services. The Website, and the Content (as defined below) are for informational purposes only, and are not intended as 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. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website, the Telehealth Portal, and/or the Content. You acknowledge and agree that by accessing and using the Providers’ services through the Telehealth Portal, you are not entering into a doctor-patient or provider-patient relationship with Cleared. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on the Website, the Telehealth Portal and the Content is solely at your own risk.
2. DESCRIPTION AND USE OF TELEHEALTH PORTAL
The Telehealth Portal allows Registered Users to access and use a variety of health-related services and information, including but not limited to, connecting with health care providers (each, a “Provider”).
We provide Visitors, and Registered Users with access to the Website, and the Telehealth Portal as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; (ii) purchase Products; and (iii) e-mail us.
Registered Users. Login is required for all Registered Users. Registered Users can do all things that Visitors can do, and can also access and use the Telehealth Portal.
3. USE OF PERSONAL INFORMATION
You may view all content on the Website and the Telehealth Portal (the “Content”) for your own personal use and not for any other use, including any commercial use, without the prior written consent of Cleared. We, and our licensors, retain all right, title, and interest, including all intellectual property rights, in and to the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access the Website and the Telehealth Portal automatically terminates and you must immediately destroy any copies you have made of the Website and the Telehealth Portal.
The trademarks, service marks, and logos of Cleared (the “Cleared Trademarks”) used and displayed on the Website and the Telehealth Portal are registered and unregistered trademarks or service marks of Cleared. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Cleared Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Cleared Trademarks inures to our benefit.
Elements of the Website and the Telehealth Portal are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
5. PRODUCT DESCRIPTIONS AND AVAILABILITY
i. Product Descriptions. Our Website contains descriptions of Products, including but not limited to, dietary supplements and allergy medications. We attempt to be as accurate as possible with the descriptions of the Products that are made available to you through the Website. However, we make no warranties that the Product descriptions and any other content are accurate, complete, reliable, current, or error-free. If a Product offered by us is not as described, your sole remedy is to return it in unused condition. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice and we will not incur any obligation as a result of such change.
ii. Returns & Refunds. We process returns and refunds in accordance with our Returns & Refund Policy available at https://getcleared.com/returns-and-refunds
6. FEES AND PAYMENT
As consideration for accessing and using our Telehealth Portal and/or purchasing our Products, you shall pay Cleared all applicable fees and taxes. We may use a third party payment vendor (“Third Party Payment Vendor”) to process your payment. You warrant and represent that you are the valid owner or an authorized user, of the credit card or payment account that you provide to such Third Party Payment Vendor, and that all information you provide is accurate. If payment is not received from your credit card issuer or any other payment facility, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance.
We reserve the right to change any of the fees that we charge including any Product pricing, or to institute new or additional fees, at any time upon notice to you.
7. RIGHT TO ACCESS AND USE THE TELEHEALTH PORTAL
Subject to the terms and conditions of this Agreement, Cleared grants you during the term of this Agreement a non-transferable, non-exclusive right, without the right to sublicense, to access and use the Telehealth Portal for your personal use. You will not (and will not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the Telehealth Portal; or (ii) introduce into the Telehealth Portal any virus, worm, “black door,” Trojan Horse, or similar harmful code. If you violate this section, Cleared reserves the right in its sole discretion to immediately deny you access to the Platform, or any portion of thereof, without notice. Cleared reserves the right to change the availability of any feature, function, or content relating to the Telehealth Portal, at any time, without notice or liability to you.
The Website, and the Telehealth Portal is available for individuals aged 18 years or older. If you are under 18, please do not use the Website, and the Telehealth Portal. By registering as a Registered Member, you represent and warrant that you are at least 18.
9. REGISTRATION; PATIENT CONSENT TO TELEHEALTH SERVICES
In order to access and use our Telehealth Portal, you will have to register as a Registered User. During the registration process, we will ask you to provide your name and e-mail address. You will also have to create a username and password for your account. You represent and warrant that all information you provide to us is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for the confidentiality of your account. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason.
Upon registration and prior to accessing the Telehealth Portal, Registered Users will be required to agree to the Patient Consent to Telehealth Services.
By accessing and/or using the Website and/or the Telehealth Portal, you hereby agree to comply with the following guidelines:
- You will not use the Website and/or the Telehealth Portal for any unlawful purpose;
- You will not access or use the Website and/or the Telehealth Portal to collect any market research for a competing businesses;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website and/or the Telehealth Portal;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Website and/or the Telehealth Portal;
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
- You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Website and/or the Telehealth Portal;
- You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will not interfere with or attempt to interrupt the proper operation of the Website and/or the Telehealth Portal through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website and/or the Telehealth Portal through hacking, password or data mining, or any other means.
- We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Website and/or the Telehealth Portal, or any portion thereof, without notice.
11. COMMUNICATIONS WITH US
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Website and our Services (“Feedback”). Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to any Feedback you provide, we shall be free to use and disclose any ideas, concepts, know-how, techniques, or other materials contained in your Feedback for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.
12. NO WARRANTIES; LIMITATION OF LIABILITY
THE WEBSITE, THE TELEHEALTH PORTAL, THE CONTENT, THE PRODUCTS AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, THE TELEHEALTH PORTAL AND/OR ANY RELATED SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE OR ANY RELATED SERVICES SHALL BE LIMITED TO THE GREATER OF THE TOTAL FEES YOU PAID TO CLEARED DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEEDING THE DATE ON WHICH THE CLAIM AROSE OR ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE WEBSITE AND THE TELEHEALTH PORTAL MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE WEBSITE AND THE TELEHEALTH PORTAL. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND THE TELEHEALTH PORTAL AND/OR ADD OR REMOVE CONTENT AT ANY TIME WITHOUT NOTICE.
13. EXTERNAL SITES
The Website and the Telehealth Portal may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the website administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You will indemnify, defend, and hold Cleared and its shareholders, members, officers, directors, employees, agents, and representatives (collectively, “Cleared Indemnitees”) harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney’s fees (collectively, “Losses”) incurred by any Cleared Indemnitee in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your breach of this Agreement; or (ii) your misuse of the Website, the Telehealth Portal and/or the Content; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim; (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise. For the avoidance of doubt, Cleared Indemnitees do not include Providers and shareholders, members, officers, directors, employees, agents and representatives of AAl Medical, PC.
15. COMPLIANCE WITH APPLICABLE LAWS
The Website and the Telehealth Portal are based in the United States. We make no claims concerning whether the Website may be viewed or be appropriate for use outside of the United States. If you access the Website from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
16. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Agreement and/or your access to all or any part of the Website, and/or the Telehealth Portal at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website and/or the Telehealth Portal at any time without prior notice or liability.
17. BINDING ARBITRATION
In the event of a dispute arising under or relating to this Agreement, the Website, the Telehealth Portal, the Products and/or any products or services provided by us (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent Cleared from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Cleared’s proprietary interests.
18. CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
19. EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.
20. CONTROLLING LAW; EXCLUSIVE FORUM
The Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. The Parties hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the State of New York for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to, objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement
If the Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Ownership,” “Feedback,” “No Warranties; Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Termination of the Agreement,” “Controlling Law; Exclusive Forum,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, the Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright 2020 Cleared Technologies PBC d/b/a Cleared. All rights reserved.