TERMS OF USE
Effective Date: October 28, 2019

 

    Welcome to the MiSomos website. These Terms of Use are a legal agreement between you and MiSomos (“Company”, “we”, “us”, “Somos Healthcare Providers, Inc.”) for the use of the MiSomos website. All users of the MiSomos website and all related products and services (collectively, the “Site”), are subject to the following terms and conditions of use (“Terms of Use”).

 

Acceptance of Terms
Please read these Terms of Use carefully before accessing or using any part of the Site. By accessing or using the Site, you agree that you have read, understood, and agree to be bound by these Terms of Use, as amended from time to time, and agree to be bound by MiSomos’ Privacy Policy which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use and/or the MiSomos Privacy Policy, do not access or use any part of the Site.

 

Not an Emergency Service
This Site is not in “real-time”, and should not be used for urgent or emergency situations. The Site does not provide any medical services. The Site does not provide emergency or urgent medical services. PLEASE CALL 911 OR YOUR HEALTH CARE PROVIDER DIRECTLY IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR IF YOU NEED URGENT CARE.

 

Not Medical Advice
You acknowledge and agree that the Site does not offer medical advice. Any content or data accessed through the Site is for informational purposes only and is not a substitute for the professional judgment of health care providers in diagnosing and treating you. The Site is not responsible for the accuracy, timeliness, or completeness of any information provided to you or for any reliance by you or any medical professional on the information you provide within the Site.

 

Medical Services Disclaimer
THE COMPANY IS NOT A LICENSED MEDICAL CARE PROVIDER AND THE SITE IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY OR THAT OF YOUR FAMILY. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE SITE. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.

 

Your Account
To use the Site, you may be required to create or update an account and will be asked to provide certain personal identification information, such as your name, gender, year of birth, email address, borough of residence, telephone number, whether you have a family doctor and health information. This information will be held and used in accordance with our privacy policy, which is located at https://misomos.com/privacy-policy.

 

To create an account, you must be at least 13 years old and not barred from using the Site under applicable federal, state, or local law.

 

You must provide the Company with accurate and complete registration information when you register to use the Site. You are responsible for the security and protection for your passwords and for any use of your account.

 

Children’s Privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended for or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. If you are aware of anyone under the age of 13 using the Site, please contact us at compliance@misomos.com.

 

Third-Party Services
The Site may give you access to links to third-party websites, Sites, or other products or services (“Third Party Services”). The Company does not control such Third Party Services in any manner and, accordingly, does not assume any liability associated with such Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, and to protect your personal information and privacy in using any such Third Party Services.

 

Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or applications.

 

Acceptable Use
You agree not to access or use the Site for an unlawful or illegitimate purpose. You shall not attempt to disrupt the operation of the services or the Site. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks.

 

Operation and Record Retention
The Company reserves complete and sole discretion with respect to the operation of the Site. The Company may withdraw, suspend or discontinue any functionality or feature of the Site. The Company is responsible for maintaining data arising from use of the services, but does not warrant the accuracy or completeness of the data stored. The Company reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or destruction policies.

 

Termination
The Company may terminate any user’s right to use this Site at any time. The Company reserves the right to block, delete or stop the uploading of materials and communications that it in its sole discretion finds unacceptable for any reason. If your right to use this Site ends, you shall make no further use of this Site or any information obtained from this Site. If you find that you have been terminated, you may contact compliance@misomos.com for further information.

 

Geographic Restrictions
The owner of the Site is based in the United States. We provide this Site for use only by persons located in the United States other than those persons residing and/or located in California. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Do not access the Site outside the United States.

 

Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SITES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY INFORMATION LINKED TO IT.

 

YOUR USE OF THE SITE, ITS CONTENT, AND ANY INFORMATION OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY INFORMATION OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY INFROMATION OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY INFORMATION OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE CONDITION OF THE SERVER ON WHICH ANY INFORMATION RELATING TO THE SITE IS STORED.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE FOR THE SITE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY INFORMATION LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER INFORMATION, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

 

Governing Law and Jurisdiction
All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of New York without giving effect to any choice or conflict of law provision or rule (whether of New York or any other jurisdiction).

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts located in the Eastern District of New York or the state courts located in Nassau County, New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts as well as any right to have a trial by jury.

 

Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

EntireAgreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.