Terms of Use

PLEASE REVIEW THIS TERMS OF USE AGREEMENT (“AGREEMENT) CAREFULLY BEFORE USING THE Hackensack Meridian Health 24/7 website and HMH 24/7 mobile applications, and online services (collectively the “App” or “Platform”). BY ACCESSING OR USING THE APP, YOU (“User”, “you” or “yours”) ARE ENTERING INTO A LEGAL AGREEMENT WITH Hackensack Meridian Health and its affiliates (“HMH” or “Company”) REGARDING YOUR USE OF THE APP AND/OR OUR WEB AND ONLINE SERVICES AND YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY PORTION OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR OTHERWISE USE THE APP.

This Agreement may change over time, in which case we will post the modified Agreement on this page and change the Effective Date. Your continued use of the App following a change to this Agreement signals your acceptance of the modification(s). In some instances, both this Agreement and separate terms setting forth additional conditions may apply to a service or product offered via the App (“Additional Terms”). To the extent there is a conflict between this Agreement and any Additional Terms, this Agreement will control unless the Additional Terms expressly state otherwise.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY PHONE NUMBER. THE SUICIDE HOTLINE IS 988 OR 800-273-8255 IF FACED WITH AN IMMEDIATE OR EMERGENT CRISIS. THERE ALSO MAY BE OTHER NATIONAL, REGIONAL, AND STATE RESOURCES AVAILABLE TO YOU.

PLEASE DO NOT USE THE APP WHILE DRIVING; THE APP REQUIRES YOU TO BE ENGAGED IN A VIDEO, AUDIO OR TEXT CONVERSATION WITH A PROVIDER DURING THE VIRTUAL VISIT SERVICE AND TO BE INTERACTIVE.

1. Definitions

The following definitions apply to this Agreement. Additional defined terms are indicated throughout.

“Applicable Laws” means all state and federal laws and regulations that apply to the Service.

“Assessments” means the Symptom Checker and clinical assessment and information gathering tools available on the Platform.

“Provider/Clinician” means physicians and other health care providers, employed, contracted or otherwise engaged by Hackensack Meridian Health to provide healthcare services via the Platform. 

“Service” means the Symptom Checker and/or Assessments, Virtual Visit Service, and other functionality provided on or through the Platform, including integration of medical records, connection to other third party services (e.g. laboratory and pharmacy services) administrative and customer support, scheduling and payment, and other services that we may add from time to time to the Virtual Visit Service”

“Symptom Checker” means the artificial intelligence-enabled symptom checker and other AI-based information gathering tools.

“Virtual Visit Service” means the online interfaces, clinical services, and properties (including, HMH 24/7 Mobile app & service, HMH 24/7 webpages) that allow you to interact with physicians, providers, and the care team for communication, consultations, assessments, and treatment.

2. The Service

2.1 Clinical Advice through HMH 24/7.  

The use of this App, including the tools and features accessible through the App which may provide you with information regarding how doctors diagnosed and treated patients with similar symptoms based on information you submit, is provided to you for informational purposes only, should not be construed as specific instructions for individual users nor a substitute for professional clinical advice or treatment, and does not create a physician-patient relationship. Information on the App provided prior to a virtual visit with a Provider is not provided in the course of a professional relationship between a health care provider nor should it be considered a replacement for consultation with a health care professional. If you have an emergency medical condition, call 911or 988 for mental health emergency.

Unless specifically prescribed or ordered to you by one of our Providers, HMH does not recommend or endorse any specific medication, tests, clinicians, products, procedures, opinions, or other information that may be mentioned through the Service. 

The information and content provided on or accessed through this App (not provided by a Provider) do not constitute the practice of medicine or any other professional judgment, advice, diagnosis or treatment. 

2.2 User/Accounts

a. Whether you register an account on the Service or use the Service without registering an account, you may access the Service and functionality that we may establish and maintain from time to time and in our sole discretion subject to this Agreement. Certain features and functionality of the App may require the creation of an account by entering your name and email address, selecting a valid username and password and providing other required registration information.   If requested, you also agree to provide contact information for a personal contact and/or a close family member or relation, to your Provider through your User Account, to act as an information source in case of a mental health crisis or other emergency where knowledge of your location is crucial.  We may reject, or require that you change any user name, password, or other information that you provide to us in registering. 

b. You may never use another Users’ User Account.  When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date (this includes your contact information, so that we can reliably contact you).  You are solely responsible for the activity that occurs on your User Account, and if you are required to provide a password for your User Account, you must keep it secure.  You must notify Company immediately of any breach of security or unauthorized use of your User Account.  Company will not be liable for any losses caused by any unauthorized use of your User Account not caused by Company.

c. As set forth in the Privacy Policy, Company may use the information provided by you to send you Service-related notices by email, or any other contact form you may provide us with (including your phone number for calls or text messages), and you agree to receive such notices.  Company is not responsible or liable for any loss, injury, or claim of any kind resulting from your failure to receive or read these communications, or from your failure to comply with any treatment recommendations contained in these communications.

2.3 Changes to the Service

We may, without notice and liability, change the Service, stop providing the Service or certain features or programs of the Service, to you or to Users generally, or create usage limits for the Service.  Subject to applicable law, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason.

2.4 Service Location

HMH 24/7 is only available in New Jersey. You may not use HMH 24/7 if you are located outside of New Jersey at the time of the applicable visit. Notwithstanding the forgoing, if you are a member of Hackensack Meridian Health employer-sponsored health plan, you may use the service outside of New Jersey subject to certain restrictions that are set forth in the HMH Telehealth/Telemedicine Outpatient Consent.

3. Use of the App

3.1 Content

The App may contain (i) materials and other items relating to Hackensack Meridian Health, and its services including software, layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, interactive features, and the “look and feel” of the App; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of Hackensack Meridian Health; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).

3.2 Limited License

Subject to your strict compliance with this Agreement, Hackensack Meridian Health grants you a non-exclusive, non-transferable, non-sublicensable, fully revocable limited license to use the App for your personal, non-commercial use, including the purpose of performing those functions and tasks available to you as an end user of the App. All rights, title, and interest in and to the App are reserved by Hackensack Meridian Health and our licensors, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. You must retain all copyright and other proprietary notices on downloaded or printed Content, and any such downloads or copies are subject to the terms and conditions of this Agreement and shall remain the property of Hackensack Meridian Health and our licensors and suppliers. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the App or any Content; and (ii) may be immediately suspended or terminated for any reason, in Hackensack Meridian Health’s sole discretion, and without advance notice or liability. Your unauthorized use of the App or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

3.3 Restrictions

If you access or otherwise use the App, you represent you are at least the age of majority in your jurisdiction. If you are under the age of majority, you represent that if you access the App, you will do so under the supervision of a legal guardian who agrees to be bound to this Agreement on your behalf.

You agree to comply with all national, federal, state, and local laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the App and Content. You further agree that you will not: (a) copy (except as expressly permitted by this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App; (b) use the App or Content for any political or commercial purpose; (c) engage in any activity in connection with the App or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to Hackensack Meridian Health; (d) harvest any information from the App or Content; (e) infringe any intellectual property or other right of any third party; (f) interfere with the proper operation of the App or its security features; (g) use the App or Content in a manner that suggests an unauthorized association with Hackensack Meridian Health or any other party, or is beyond the scope of the limited license granted to you; or (h) otherwise violate this Agreement. If you breach these restrictions, you may be subject to prosecution and damages. You are not permitted to use the App for any purpose other than as expressly permitted under this Agreement. You acknowledge that Hackensack Meridian Health (or one of our licensors) may audit your use of the App.

3.4 Upgrades

The license granted under this Agreement will govern any upgrades of the App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern, and you agree to promptly install any such upgrade and cease use of the prior version. Nothing in this paragraph creates an obligation for Hackensack Meridian Health to prepare or provide any upgrades to the App.

3.5 Availability

The App may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of Hackensack Meridian Health, access to the App may be interrupted or suspended from time to time. Hackensack Meridian Health shall have the right at any time to change or discontinue any aspect or feature of the App, including, but not limited to, Content, availability, and equipment needed for access or use.

3.6 Access

Your use of the App must be in accordance with any and all procedures, forms, formats, displays, and operating times which may be determined, specified, or modified by Hackensack Meridian Health in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the App or to receive any communications from Hackensack Meridian Health.

4. Third Party Links

Our App may incorporate or include links to mobile features or other websites that are not owned or operated by Hackensack Meridian Health or its affiliates. Hackensack Meridian Health is not responsible for the availability, content, or accuracy of these other websites, mobile apps, and online platforms. To the fullest extent permitted by applicable law, you further acknowledge and agree that Hackensack Meridian Health shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party website or resource.

Apple iOS Terms. If you are accessing or using the App through an Apple device, the following terms and conditions are applicable to you:

(a) To the extent that you are accessing the App through an Apple Device, you acknowledge that this Agreement is entered into between you HMH and, that Apple, Inc. (“Apple”) is not a party to this Agreement other than as third-party beneficiary as contemplated below.

(b) Any licenses granted to you by this Agreement is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html ) and any third-party terms of agreement applicable to the App.

(c) You acknowledge that HMH, and not Apple, is responsible for providing the App and Content thereof.

(d) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the App.

(e) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

(f) Notwithstanding anything to the contrary herein, and subject to the terms this Agreement you acknowledge that, solely as between Apple and HMH, HMH, and not Apple is responsible for addressing any claims you may have relating to the App, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(g) Further, you agree that if the App, or your possession and use of the App, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.

(h) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

(i) When using the App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the App.

(j) Your use of real time route guidance on the App is at your sole risk. Location data may not be accurate.

Google Play Terms. If the App is provided to you through Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of this Agreement:

(a) You acknowledge that Google is not responsible for providing support services for the App.

(b) If any of the terms and conditions in this Agreement are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.

5. Reliance on Information

Hackensack Meridian Health assumes no responsibility regarding the accuracy, currency, or usefulness of the Content provided by or presented on the App. Any reliance you place on such information is strictly at your own risk. Hackensack Meridian Health disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its Content.

The App may include Content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by Hackensack Meridian Health, are solely the opinions and the responsibility of the person or entity providing those materials.

Hackensack Meridian Health will use reasonable efforts to include accurate and current information on the App, but there may be occasions when information on the App contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, and other matters. Hackensack Meridian Health reserves the right to correct any errors and to update App information at any time.

6. Text Messaging, Push Notifications, Calls and Emails

By providing us with your telephone number you affirmatively consent to receive certain recurring Company notifications or information via push notification, SMS text message or calls (including prerecorded calls), in order to perform and improve upon the Service, and to provide you with information and reminders regarding the Service and your care, including your registration, upcoming Service, changes, and updates. You may incur additional charges from your wireless provider for these services, and you are solely responsible for any such charges.  

You understand that while these calls, notifications, text messages, and other electronic communications such as email, will generally ask you to log in to your account to receive detailed health information, such communication will disclose that you have an activity or task related to the Service or a virtual visit you had on the Service. Accordingly, it is your responsibility to use a phone number and contact details that provides you with the level of confidentiality you desire.

You can opt-out of receiving certain calls or text messages by contacting customer service at [email protected], replying STOP to any such message, and for push notifications, through your device settings.  However, note that under certain circumstances we may still send you important administrative messages about the Service, from which you may not opt out from. You must unsubscribe from each type of communication you have elected to receive such communication in order to withdraw from the applicable electronic communications.  Any withdrawal of your consent to electronic communications will be effective only after there has been a reasonable period of time to process such withdrawal request.

Company and wireless carriers are not responsible for any undelivered messages. Company will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You understand that we may send you a text confirming any opt-out by you.  You acknowledge that opting out of calls, push notifications and text messages may impact your ability to use certain features of the Service. However, note that access to the Services is not conditioned upon your consent to receive marketing or promotional text messages from Company. 

7. Privacy and Security

We care about your privacy.  We encourage you to read the Privacy Policy and the Notice of Privacy Practices on a regular basis, for a description of our data collection and use practices, as these documents may change from time to time. Do not access or otherwise use the APP if you do not wish your information to be subject to the data collection and use practices applicable at the time of your access or use. 

Hackensack Meridian Health seeks to use commercially reasonable safeguards to preserve the integrity and security of your personal information and implement your privacy settings.  However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes.

The Service may include and/or make use of certain functionality and services provided by third-parties that allow Company to include maps, geocoding, places and other content as part of the Service (“Geo-Location Services”).  Geo-Location Services may be provided by Google Inc., in which case your use of the Geo-Location Services will be subject to Google’s then-current Terms of Use for Google Maps/Google Earth.  If Geo-Location Services are provided by Apple Inc., Apple’s then-current Legal – Apple Privacy Policy – Apple will describe how Apple Inc. collects, uses, and shares your location data.

8. Warranty

HACKENSACK MERIDIAN HEALTH PROVIDES THE APP “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, TO THE FULLEST EXTENT PERMISSIBLE. HACKENSACK MERIDIAN HEALTH HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS WITH RESPECT TO THE APP, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF ADEQUACY,  OF COMPLETENESS, INCLUDING BUT NOT LIMITED TO COMPLETENESS OF ANY INFORMATION AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION, OF ACCESSIBILITY, OF AVAILABILITY, OF COMPATIBILITY, FREEDOM FROM MALWARE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HACKENSACK MERIDIAN HEALTH, ITS AUTHORIZED REPRESENTATIVE OR ANY THIRD PARTY SHALL CREATE A WARRANTY. 

9. Exclusion of Hackensack Meridian Health’s Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL HACKENSACK MERIDIAN HEALTH BE LIABLE TO YOU WITH RESPECT TO USE OF THE APP AND/OR BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, OR LOSS, THEFT OR CORRUPTION OF YOUR INFORMATION, THE INABILITY TO USE THE APP, DEVICE FAILURE OR MALFUNCTION. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR IN ANY WAY LIMIT HACKENSACK MERIDIAN HEALTH’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR FRAUD OR ANY OTHER LIABILITY TO THE EXTENT THE SAME MAY NOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.

HACKENSACK MERIDIAN HEALTH SHALL NOT BE LIABLE EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUSES, WORM, TROJAN HORSE OR OTHER HARM OR VULNERABILITY.

IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF CERTAIN PROMISES AND/OR THE EXCLUSION OF LIABILITY FOR DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES, IN NO EVENT SHALL HACKENSACK MERIDIAN HEALTH’S LIABILITY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE APP EXCEED $100 USD.

10. Waiver of Injunction or other equitable relief

YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY HACKENSACK MERIDIAN HEALTH.

11. Indemnification

You agree to indemnify, defend, and hold Hackensack Meridian Health, our licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, other representatives, successors, and assigns (“Hackensack Meridian Health Indemnitees”), harmless from and against any and all claims, causes of action, allegations (threatened or pending), liabilities, damages, losses, costs, and other expenses (including reasonable attorneys’ fees that arise directly or indirectly and costs) arising out of or in connection with any of the following: (a) for any breach of this Agreement; (b) your use of the App; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (d) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (e) any misrepresentation made by you. Hackensack Meridian Health reserves the right to control the defense and settlement of any third-party claim for which you indemnify Hackensack Meridian Health Indemnitees under this Agreement, and you will assist us in exercising such rights. You will not in any event settle any claim against Hackensack Meridian Health without the prior written consent of Hackensack Meridian Health.

12. General

12.1 Governing Law

This Agreement shall be governed by the laws of New Jersey excluding conflict of laws principles. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

12.2 Dispute Resolution/Mandatory Binging Arbitration/Class Waiver

In the unlikely event that a disagreement arises between you and Company, you must first contact us directly by calling us at 732-696-7654 or by emailing [email protected] so that we may work in good faith to find a mutually agreeable solution.

If the issue cannot be resolved as described above within sixty (60) days, you and HMH agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with the App, this Agreement, or Additional Terms (collectively, “Dispute”) through binding individual arbitration, or as we and you otherwise agree in writing. You agree that the term “Dispute” in this Agreement will have the broadest meaning possible.

This Agreement also covers any Dispute between you and any officer, director, board member, agent, employee, affiliate of HMH, or third party if HMH could be liable, directly or indirectly, for such Dispute. If the parties have more than one Dispute between them, you and HMH agree to assert all such Disputes in a single arbitration so they may be resolved at the same time, or they will be deemed waived.

CLASS AND COLLECTIVE ACTION WAIVER. You and HMH explicitly agree to the fullest extent allowable and enforceable under applicable law, that the arbitrator must decide any Dispute on an individual basis. NO DISPUTE SHALL BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated absent the express written consent of HMH. The arbitrator may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in this Agreement, any challenge to the validity of this Class and Collective Action Waiver must be determined by a court of competent jurisdiction and not by an arbitrator. If, for any reason, this Class and Collective Action Waiver is held to be unconscionable or unenforceable, then the entirety of this Dispute Resolution/Mandatory Binding Arbitration provision (Section 10) shall not apply, and the Dispute must be brought exclusively in a state or federal court in California. Accordingly, you and HMH consent to the exclusive personal jurisdiction and venue of such courts for such matters.

(a) As stated above, we require you to first contact us directly at [email protected] to seek a resolution. If we cannot resolve a Dispute within sixty (60) days, then, to the fullest extent permitted by applicable law, Disputes shall be resolved solely by a single, neutral arbitrator selected in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), in a reasonably convenient location agreed to by the parties in accordance with the AAA’s Consumer Due Process Protocol (including, but not limited to the AAA’s Consumer-Arbitration Rules, available at the ADR Consumer site), except that we may seek injunctive or other appropriate relief in any state or federal court. You can also obtain AAA procedures, rules, and fee information by visiting the ADR Consumer site.

(b) To begin an arbitration proceeding, you must submit the Dispute by utilizing the forms available at the ADR Consumer site, and simultaneously sending a copy of the completed form to the following address: 200 State Street, 7th Floor, Boston, MA 02109.

(c) Upon filing of the arbitration demand, we will pay all filing, administration, and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, HMH will reimburse you for the filing fee within thirty (30) days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses, and preparation and presentation of evidence at the arbitration.

(d) WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. Any Dispute shall otherwise be governed by the internal laws of the State of New Jersey without regard to choice of law principles, except that the provisions of this agreement concerning arbitration shall be governed by the Federal Arbitration Act. The arbitrability of Disputes shall be determined by the arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You hereby consent to, and waive, all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of New Jersey.

(e) Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and HMH agree that we intend that this Section 12.2 satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual written agreement.

(f) In the event the AAA is unavailable or unwilling to hear the Dispute, you and HMH shall agree to, or a court shall select, another arbitration provider.

(g) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.

12.3 Severability; Entire Agreement; Assignment

If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition, or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. This is the entire agreement between Hackensack Meridian Health and any user of the App relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. This Agreement is not assignable, transferable, or sublicensable by you except with Hackensack Meridian Health’s prior written consent.

12.4 Waiver

The failure of Hackensack Meridian Health to enforce at any time the terms and conditions of this Agreement, or the failure of Hackensack Meridian Health at any time to require your performance of any of the terms and conditions of this Agreement, will not be construed to be a present or future waiver of this Agreement, nor in any way affect Hackensack Meridian Health’s ability to enforce this Agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

12.5 Investigations; Cooperation with Law Enforcement

Hackensack Meridian Health reserves the right to investigate and prosecute any suspected or actual violations of this Agreement. Hackensack Meridian Health may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.

12.6 Electronic Communications

We may communicate with you electronically in regard to the App and/or the Services, including by email, and we may collect information related to communications between you and Hackensack Meridian Health. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the App, your action is intended as an electronic signature which binds you as if you had signed on paper. You acknowledge and agree that (i) your consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act; and (ii) you and Company, the Providers, and its and their affiliates, agents, representatives, suppliers, and service providers, intend that the Act apply to the fullest extent possible to validate the ability to conduct business and communicate with you by electronic means.

12.7 Export Restrictions

You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be transferred, made available, exported, or re- exported, any regulated items or information to (a) to anyone outside of the United States in violation of any export laws and regulations of the United States. You agree that you will not use the App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

12.8 Licensor

HMH 24/7 and the App is licensed to us by K Health, Inc. (“K Health”).  You acknowledge and agree that this Agreement is entered into between you and HMH and that K Health is not a party to this Agreement other than as a third-party beneficiary as described below. K Health will have no warranty obligations whatsoever with respect to the App and the Services and is not responsible for addressing any claims you may have relating to the App and the Services and shall have no liability to you arising from your use of the App and the Services. With respect to the foregoing sentence and the indemnification and intellectual property provisions of this Agreement, K Health is a third-party beneficiary, and you acknowledge and agree that K Health will have the right to enforce those provisions of this Agreement as if it were a party hereto.

12.9 Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials available on the Service infringe your copyright, you (or your agent) may send to Company a written notice by mail or email, requesting that Company remove such material or block access to it.  If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.  See http://www.copyright.gov/ for details.  Notices and counter-notices must be sent in writing to Company as follows:  By email to [email protected]. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

12.10 Contact Us

If you have any questions regarding this Agreement, you can email us at https://help.hmh247.org/