MyUTI Terms of Use
YOU SHOULD CAREFULLY READ THE LINKED TERMS OF USE (the “Terms”) BEFORE USING THE MYUTI website (the “Platform”) and ALL RELEVANT CONTENT AND FUNCTIONALITY ASSOCIATED WITH THE PLATFORM (the “Services”).
BY CREATING A user ACCOUNT AND USING THE Platform and SERVICES, YOU ARE CONSENTING TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ACCEPT THE TERMS, DO NOT LOG IN TO OR USE THE SERVICES.
Any information that MyUTI (“us” or “we” or “our” or “MyUTI”) collects through your use of the Platform and Services is subject to the Privacy Policy, which is part of these Terms.
By continuing to use the Platform and Services, you agree as follows:
You are at least 18 years old or have been legally emancipated;
You understand and agree that these Terms are a legally binding agreement and the equivalent of a signed, written contract;
You will use the Platform and Services in a manner consistent with applicable laws and regulations and these Terms, as they may be amended by MyUTI from time to time; and
You understand, accept, and have received these Terms and the Privacy Policy, and acknowledge and demonstrate that you can access these Terms and the Privacy Policy at will.
If you do not agree with and accept the Terms, please discontinue all further use of the Platform and Services. Do not continue to access the Platform or Services and immediately delete all installed files, if any, of the Platform from your device(s).
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE dispute resolution section below, YOU AGREE THAT DISPUTES BETWEEN YOU AND MYUTI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION and you waive your right TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING support@myuti.com WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
Terms of Use
Effective: May 2022
Last Updated: March 2022
These Terms of Use ("Terms of Use" or “Terms”) are a legal contract between you (“you/your” or "user") and MyUTI. MyUTI is the creator of the MyUTI website (the “Platform”) and provides access to care services. These Terms govern your use of the Platform and Services and apply to individuals accessing the Platform and Services. By accepting these Terms and using the Platform and Services, you acknowledge that you have read, understand, and agree to these Terms and our Privacy Policy. Any capitalized terms not defined in these Terms are defined in the Privacy Policy.
WHAT ARE THE PLATFORM AND SERVICES?
The Platform is designed to allow users of MyUTI to access educational materials about urinary tract infections (“UTIs”) and, if appropriate, purchase and request UTI testing kits. Through the Platform and Services, users can identify and report their symptoms related to UTIs, learn when and what testing may be appropriate for their UTI symptoms, obtain testing kits and complete testing, and receive testing results that can be taken to the users’ primary care physicians.
You may access and use the Services only in accordance with these Terms, and you agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as our Privacy Policy.
The Platform and Services are not intended to be used to identify emergencies or to treat emergent, serious, or life-threatening conditions. If you are a user and you or someone you know believes you are suffering an emergent or life-threatening condition, call 9-1-1 immediately where that service is available or go to the nearest open clinic or emergency room.
WHAT DOES MYUTI NOT PROVIDE?
We DO NOT provide medical advice.
By accepting these Terms, you agree and acknowledge that we do not provide clinical, laboratory, or supplemental manufacturing services. Our role is limited to supporting and facilitating your access to these services via our Platform. YOU AGREE AND ACKNOWLEDGE THAT MYUTI IS IN NO WAY PROVIDING DIAGNOSIS OR TREATMENT TO YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE INFORMATION, PROCESSES, PRODUCTS, AND OTHER ITEMS REFERENCED AS PART OF THE PLATFORM AND SERVICES ARE NOT INTENDED AS A RECOMMENDATION OR ENDORSEMENT OF ANY COURSE OF ACTION, INFORMATION, OR PRODUCT. WE EXPLICITLY DISCLAIM THE CREATION OF A PROVIDER-PATIENT RELATIONSHIP WITH YOU.
THE PLATFORM AND SERVICES CANNOT AND ARE NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE THE RELATIONSHIP BETWEEN HEALTH CARE PROFESSIONALS AND PATIENTS OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.
Any medical advice provided by a provider and/or clinician using information from the Platform or Services is based on the personal health data you provide, and any applicable test results provided by a third-party laboratory. If you do not provide complete and accurate personal health information, the medical advice you receive may not be accurate or appropriate. Questions and information collected through the Platform and Services are designed for informational purposes and to identify potential patterns in symptomologies and treatments. The Platform and Services and/or any data derived from the Platform and Services are in no way intended to replace the independent clinical judgment of a qualified healthcare professional.
FURTHER, A PROVIDER’S USE OF OUR PLATFORM AND SERVICES IS NOT AN ENDORSEMENT OR RECOMMENDATION OF SUCH PROVIDER BY US. THE MEDICAL ADVICE PROVIDED TO YOU BY YOUR HEALTHCARE PROVIDER OR ANY OTHER PROFESSIONAL IS NOT UNDER OUR CONTROL, NOR DO WE PROVIDE IT TO YOU OR USE IT.
We do not confirm the credentials of any healthcare professional using the Platform or Services to provide medical advice to users. We do not validate that any such persons are in good standing with their respective licensure board(s) or that they are using the Platform or Services in accordance with laws applicable to the practice of medicine. It is YOUR responsibility to separately confirm that a healthcare provider is in good standing with his or her respective licensing board(s) and to exercise whatever other due diligence you feel is appropriate in selecting and maintaining your choice of healthcare professionals.
General information available through the Platform or Services about medical conditions, symptomology, available drugs, treatment options, and other educational articles and videos is provided for general educational purposes only. Never disregard, avoid, or delay obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the Platform or Services. If you have or suspect that you have an urgent medical problem or condition, please contact a qualified healthcare professional immediately.
WHO IS ELIGIBLE TO USE THE PLATFORM AND SERVICES?
You must register to create an account (“User Account”) and become a registered user to access the Services. To register, you must create a username and provide your name, your email address, and other information specified in the registration form (“Registration Data”). You may change or correct information in your account by contacting MyUTI at support@myuti.com. You agree not to register for a User Account on behalf of an individual other than yourself unless you are legally authorized to bind such person to these Terms. By registering another person, you represent that you are legally authorized to do so.
By registering for an account and using the Platform or Services, you represent and warrant as follows:
You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law;
Your Registration Data is true, accurate, current, and complete;
You will update your Registration Data as needed to maintain its accuracy;
You are authorized to create a User Account (either for yourself or another person);
You acknowledge and agree to the terms of the Privacy Policy;
You are legally authorized to view and share with us health data and other Personal Data (as that term is defined in the Privacy Policy); and
NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE PLATFORM OR SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE PLATFORM OR SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE PLATFORM OR SERVICES.
HOW WILL MYUTI NOTIFY YOU OF CHANGES TO THESE TERMS?
With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included near the end of these Terms, MyUTI reserves the right to change or modify these Terms at any time without prior notice to you. If we materially change or modify these Terms, we will let you know by posting a new version of the Terms on our Platform.
If you continue to use the Platform or Services after we have informed you of the changes, you agree to be bound by the modified Terms. If you do not accept the changes, you should immediately stop using the Platform and Services and delete all files associated with the Platform and Services on your computer and/or mobile device.
WHO OWNS THE PLATFORM, SERVICES, AND PERSONAL DATA?
Platform and Services Ownership and Use.
MyUTI owns the Platform and Services, including all content and functionality you access through the Platform and Services. Subject to your compliance with these Terms, MyUTI grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services by registering for and using the Platform.
THE PLATFORM AND SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE PLATFORM OR SERVICES. You may not use the Platform or Services for any other purpose than what is allowed under these Terms without MyUTI’s express written permission.
You may not use MyUTI’s name, trademarks, service marks, or logos, or those of third parties appearing on the Platform or Services in any advertising or publicity or to otherwise indicate MyUTI’s or such third party’s sponsorship or affiliation with any product or service without express written permission from MyUTI or such third party.
Personal Data Ownership and Use.
You own your Personal Data (as defined in the Privacy Policy) and any other information you submit on or through the Platform or Services (collectively, “User Information”). If you are entering someone else’s information into the Platform or Services, you represent and warrant that you have permission to do so. For us to provide you with the Platform and Services, you grant to MyUTI a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use your User Information for the purpose of providing the Platform and Services, subject to the restrictions in the Privacy Policy. You also agree to allow MyUTI to de-identify and anonymize your User Information, including, without limitation, your personal health information in accordance with our Privacy Policy, and to use or disclose such de-identified information for any purpose.
WHAT ARE YOU NOT ALLOWED TO DO WITH THE PLATFORM AND SERVICES?
You may use the Platform and Services only for lawful purposes and in accordance with these Terms. In addition, we impose certain restrictions on your use of the Platform and Services. While using the Platform and Services, you shall not:
Provide false, misleading, or inaccurate information to us or any other user;
Use the Platform or Services (i) for any commercial purpose; (ii) for the benefit of any third party; or (iii) in any manner not permitted by these Terms;
Impersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
Use or attempt to use any manual process, engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to harvest, monitor, or otherwise collect information from the Platform or Services for any use, including, without limitation, use on third-party websites, without our consent;
Use the Platform or Services in any manner that could disable, overburden, damage, or impair the Platform or Services or interfere with any other party's use of the Platform or Services, including their ability to use the Platform or Services;
Access content or data not intended for you, or log onto a server or account that you are not authorized to access;
Violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
Attempt to probe, scan, or test the vulnerability of the Platform and Services or any associated system or network, or breach security or authentication measures without proper authorization;
Interfere or attempt to interfere with the use or functionality of the Platform or Services by any other user, host, or network, including, without limitation, by means of submitting a virus, trojan horse, worm, logic bomb or other material, which is malicious or technologically harmful, overloading, "flooding," "spamming," "mail bombing," or "crashing";
Forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance, or distribution by means of, the Platform or Services;
Post or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Post, upload, publish, submit, or transmit any content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us, you, or any other third-party (including another user) to protect the Platform or Services;
Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Platform or Services. Any violation of this section may subject you to civil and/or criminal liability;
Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform or Services, or which, as determined by us, may harm us or users of the Platform and Services or expose them to liability, or otherwise interfere with or attempt to interfere with the proper working of the Platform or Services; or
Encourage or enable any other individual to do any of the above.
MyUTI is not obligated to monitor your use of the Platform and Services, but we may do so to ensure your compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when we are required to. MyUTI reserves the right to suspend or terminate your use of the Platform and Services without notice to you if you partake in any of the prohibited uses described above.
HOW SHOULD YOU PROTECT YOUR LOGIN INFORMATION?
The Platform and Services are designed to require users to create a username and password to access and use the Platform and Services. your username and password are, collectively, your “User Credentials.” you are solely responsible for (i) maintaining the strict confidentiality of your User Credentials, (ii) not allowing another person to use your User Credentials to access the Platform or Services, and (iii) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Credentials, regardless of whether you were aware of those activities. You agree to immediately notify MyUTI in writing by email of any unauthorized use of your User Credentials or any other compromise of the security of your User Account.
WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL DATA, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
You may be held liable for any losses incurred by MyUTI and/or its affiliates, officers, directors, and representatives due to someone else’s use of your User Account or password, regardless of whether you were aware of such use.
HOW DOES MYUTI PROTECT YOUR PRIVACY?
MyUTI values your privacy and is committed to keeping your Personal Data confidential. Please see our Privacy Policy for an explanation of our privacy practices, the data we collect from you, how we use that data, and your rights regarding your data. By clicking “I Agree,” accessing or using the Platform or Services, or by downloading, viewing, or uploading any content through the Platform or Services, you acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy is a part of these Terms.
By using the Platform and Services and accepting these Terms, you further acknowledge that MyUTI may share your Personal Data with third parties as described in the Privacy Policy, and will seek your consent before doing so where required by law.
We are not responsible for nor liable to you or any third party for a third party’s treatment of Personal Data, including any collection, use, disclosure, storage, loss, theft, or misuse of Personal Data, whether or not such treatment violates applicable law.
Please be aware that our Privacy Policy does not address how healthcare providers with whom you share information collected, generated, or stored via the Platform or Services may further use and disclose your health information. Your provider’s Notice of Privacy Practices should be publicly available and is usually located on their website. MyUTI’s Privacy Policy does not apply to the collection, use, disclosure, or treatment of your Personal Data directly by any provider, clinician, researcher, caregiver, or other healthcare professional and/or entity. You expressly acknowledge and agree that MyUTI is neither responsible for nor liable to you or any third party for the treatment of your Personal Data by any such individual or entity, including any collection, use, disclosure, storage, loss, theft, or misuse of your Personal Data, whether or not such treatment violates applicable law or the provider’s Notice of Privacy Practices.
COMPUTER EQUIPMENT AND INTERNET ACCESS
You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, "Systems") necessary for you to access and use the Platform and Services. This includes, without limitation, obtaining Internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Platform and Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems.
THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.
OPTING OUT OF COMMUNICATIONS FROM MYUTI
We may send communications, including emails, to you regarding your User Account and the Platform and Services. You can choose to filter any User Account and Platform or Services emails using your email settings, but we do not provide an option for you to opt out of these communications.
If you consent to receive marketing or other communications not related to your User Account or the Platform and Services, we will provide you with the option to opt out of such marketing communications within the applicable message.
THIRD PARTIES AND THIRD-PARTY SITES
Third-Party Websites.
In the course of using the Platform and Services, you may be introduced to areas or features of the Platform or Services that allow you to access website that do not belong to and are not controlled by us (collectively, “Third-Party Sites”). If you choose to access one of these Third-Party Sites, you will leave our Platform and be redirected to an environment owned and controlled by an external third party. You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms of use, user guides, and/or business practices (collectively, “Third-Party Rules”) than us, and that your use of such Third-Party Sites is governed exclusively by the respective Third-Party Rules. We provide links to Third-Party Sites to you as a convenience, and we do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.
YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“Third Party Matters”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS.
Any reference in the Platform or Services to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply our endorsement or recommendation.
Third-Party Services.
To the extent any features, aspects, products, or services offered through the Platform or Services are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”), you may be subject to additional terms and conditions. To the extent applicable, you will receive a notification and have the opportunity to accept such terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES.
In the event of any inconsistency between terms of use relating to Third-Party Services and these Terms, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about you, as specified in the Third-Party Service Provider’s privacy policies. Prior to providing information to any Third-Party Service Provider, you should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY OR TERMS OF USE, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.
YOUR REPRESENTATIONS AND WARRANTIES
In addition to other representations and warranties contained throughout the Terms, you represent and warrant that your use of the Platform and Services will be in accordance with these Terms and all applicable laws, regulations, rules, and MyUTI policies and procedures (to the extent such policies and procedures are communicated to you). Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF YOU ARE SUBMITTING SUCH PERSONAL DATA) WITH US.
WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY
No Warranties.
THE PLATFORM AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MYUTI EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MYUTI MAKES NO WARRANTY THAT THE PLATFORM AND SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MYUTI MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATION, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE PLATFORM OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE PLATFORM OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MYUTI OR THROUGH THE PLATFORM OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE PLATFORM AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM AND SERVICES, INCLUDING, WITHOUT LIMITATION, PATIENTS, PROVIDERS, CLINICIANS/CAREGIVERS, OR AUTHORIZED THIRD PARTIES.
YOU UNDERSTAND THAT MYUTI DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE PLATFORM OR SERVICES, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR CLINICIANS/CAREGIVERS, NOR DOES MYUTI VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF ANY SUCH USERS OF THE PLATFORM OR SERVICES. MYUTI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR SERVICES, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR CLINICIANS/CAREGIVERS.
MYUTI CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. MYUTI CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE PLATFORM.
Your Responsibility for Loss or Damage.
YOU AGREE THAT YOUR USE OF THE platform and SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD MYUTI OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE platform and SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA.
Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICES REMAINS WITH YOU. NEITHER MYUTI NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM AND SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE PLATFORM AND SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYUTI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE PLATFORM OR SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE PLATFORM AND SERVICES.
FOR THE AVOIDANCE OF DOUBT, IF YOU ARE DISSATISFIED WITH THE HEALTHCARE SERVICES YOU ARE RECEIVING FROM A PROVIDER, YOU MAY HAVE ADDITIONAL REMEDIES REGARDING THE PROVISION OF HEALTHCARE SERVICES.
YOU ACKNOWLEDGE THAT IF YOU USE THE PLATFORM OR SERVICES DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. MYUTI IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE PLATFORM OR SERVICES.
MYUTI IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY PROVIDERS OR CLINICIANS/CAREGIVERS, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE PLATFORM OR SERVICES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MYUTI’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MYUTI AND ITS REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE PLATFORM OR SERVICES, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR USER ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE PLATFORM OR SERVICES THROUGH YOUR USER ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
PROVIDING FEEDBACK TO MYUTI
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Platform and Services (“Feedback”). You may submit Feedback by e-mailing us at support@myuti.com. You acknowledge and agree that if you submit any Feedback to us, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
USER ACCOUNT TERMINATION
If you breach any of these Terms, we may suspend or disable your User Account or terminate your access to the Platform and Services without prior notice to you. There may be other instances where we may need to terminate your access to the Platform and Services that are not related to any of your actions or inactions. We reserve the right to terminate your access to and use of the Platform and Services and materials at any time, with or without cause.
If you wish to terminate your User Account, please contact MyUTI at support@myuti.com, immediately discontinue your use of the Platform and Services, and delete all files associated with the Platform and Services from your computer or mobile device.
DISPUTE RESOLUTION
*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*
You agree that any dispute between you and MyUTI arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below. We want to address your concerns without needing a formal legal case, so we have included a tiered dispute resolution process. This Dispute Resolution section may be modified by written agreement between you and MyUTI.
Informal Dispute Resolution.
Before filing a claim against MyUTI, you agree to try to resolve the dispute informally by contacting support@myuti.com. Most User concerns can be resolved quickly and to your satisfaction through email. If a dispute is not resolved within thirty (30) days after submission, you may bring a formal proceeding, as outlined below.
Arbitration Agreement.
In the unlikely event that our support team is unable to resolve a complaint you may have (or if we have not been able to resolve a dispute with you after attempting to do so informally), including, but not limited to, any alleged breach of these Terms, you agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Health Lawyers Association (“AHLA”).
Arbitration Procedure.
You and MyUTI agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by you, one (1) arbitrator is selected by MyUTI, and the third (3rd) arbitrator is selected by mutual consent of you and MyUTI. If you and MyUTI cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding.
The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to 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. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.
Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.
Cost of Arbitration.
You and MyUTI shall each pay 50% of all mediator and/or arbitrator costs, expenses, and fees incurred in connection with mediating and/or arbitrating under these Terms.
Exceptions to Agreement to Arbitrate.
MyUTI may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Platform and Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.
YOU MAY ONLY RESOLVE DISPUTES WITH MYUTI ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS.
Opt Out of Alternative Dispute Resolution Process.
Notwithstanding the above, you can decline or “opt out” of the alternative dispute resolution process described above by contacting support@myuti.com within 30 days of first accepting these Terms and stating that you (first and last name) decline this dispute resolution process.
YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO A JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.
If you opt out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, you submit to the exclusive jurisdiction of any state or federal court sitting in the State of Delaware within twenty-five (25) miles of [county], Delaware in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and you waive any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.
GENERAL CONTRACT TERMS
Entire Agreement.
These Terms, the Privacy Policy, and any other terms incorporated by reference, constitute the entire and exclusive understanding and agreement between MyUTI and you regarding the Platform and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MyUTI and you regarding the Platform and Services.
Governing Law.
These Terms shall be governed by the laws of the State of Delaware without reference to its conflict of laws provisions.
Assignment.
You may not assign or transfer these Terms, by operation of law or otherwise, without MyUTI’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MyUTI may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Notices.
Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (i) by MyUTI via email (in each case to the address that you provide); and/or (ii) by posting to the Platform. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from MyUTI electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH MYUTI IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.
You shall give any notice to MyUTI by email to: support@myuti.com. Notice to MyUTI shall be effective upon receipt of notice by MyUTI.
No Inadvertent Waiver.
The failure of MyUTI to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MyUTI.
Severability.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.
Intellectual Property Rights.
“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (i) patent rights and utility models, (ii) copyrights and database rights, (iii) trademarks, trade names, domain names and trade dress and the goodwill associated therewith, (iv) trade secrets, (v) mask works, and (vi) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
As between you and us, all right, title, and interest, including all Intellectual Property Rights, in the Platform and Services, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by MyUTI or its licensors, vendors, and affiliates, as applicable. All rights not expressly granted are reserved by us. Any use of the Platform and Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Remedies.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
Contacting MyUTI.
Please feel free to contact us if you have any questions about these Terms and/or any other documents referenced in these Terms. You may contact us at support@myuti.com, or at our mailing address: