Poppins Health Privacy Policy
Poppins Health Terms of Service
Last Revised: March 1, 2022
These Terms of Service (the “Terms”) are entered into by and between you and Poppins Health Corporation, a Delaware corporation, and its subsidiaries and affiliates (collectively, “Poppins Health”, “we” or “us”). Poppins Health, either directly or via its online services, including www.poppinshealth.com (the “Website”), member and employer facing websites and mobile applications, and other service interfaces(the “Platform”), provides health plan and benefits administration services (collectively, such services, the Website, and the Platform, and all functionality related thereto, are referred to as the “Services”). Please read these Terms and our Privacy Policy carefully before using the Services because they govern your use of the Services.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, PLATFORM OR SERVICES. THE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. BY ENTERING INTO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW. PLEASE SEE SECTION 18 BELOW FOR MORE INFORMATION REGARDING THIS MANDATORY AND BINDING ARBITRATION.
1. How These Terms Apply
These Terms apply to all persons who use or access the Services, in their company’s capacity or in an individual capacity, including authorized users representing the company, its employees, or other persons using or accessing the Services (collectively the “Users” and each a “User”). If User is agreeing to these terms on behalf of a business or an individual, User represents and warrants that User has the authority to bind that business or other individual to these Terms, including without limitation, Section 18, and User’s agreement to these terms constitutes the agreement of the User and of such business or individual. The term “User,” as employed in these Terms, also refers to that business or individual. By clicking the applicable button to indicate User’s acceptance of these Terms or by accessing or using the Services, User is bound by these Terms, effective on the date of such action.
Although we administer employer healthcare programs for employers and their dependents, individuals under 13 years of age are not authorized to use the Website or Platform, with or without a registration. Poppins Health does not agree to offer the Website or Platform to individuals under the age of 13.
When using certain Services, User may be subject to additional terms applicable to such services, including the Privacy Policy.
2. The Poppins Health Services
Poppins Health’s mission is to be a trusted partner to our members by enabling access to the right healthcare, at the right place, and at the right price. The Services provide information to and collect information from Poppins Health members, potential members, plan sponsors and their representatives, and others who are considering using, or are using, the Services. Our Services also process and analyze the information Users provide us via the Services and through Users’ use of healthcare benefits, which enables us to provide a more personalized benefits administration experience. Our use of Users’ personal information is governed by our Privacy Policy and applicable laws.
3. AccountsCertain Services require registration.
If a User registers for an account (“Account”),User will be required to enter User’s name, email address, password, and certain other information (e.g., date of birth, contact information, subscriber number, and last four digits of User’s social security number). Additionally, User may choose to provide information relating to User’s healthcare history or other healthcare benefits. If a User registers for the Services, User agrees to provide and maintain true, accurate, current, and complete information. Registration data and certain other information collected about User is governed by our Privacy Policy.
4. Security
Each User is responsible for maintaining the confidentiality and security of such User’s password and Account and is fully responsible for any and all activities that occur under the User’s password or Account. Poppins Health strongly recommends that User employ strong and unique passwords for the Services. User agrees to immediately notify Poppins Health of any suspected unauthorized use of User’s password or Account. Poppins Health will not be liable for any loss or damage resulting from or arising out of User’s intentional or inadvertent disclosure of User’s Account information to a third party. With the exception of the Services, User is responsible for obtaining, installing, maintaining, and operating all software, hardware or other equipment necessary for User to access and use the Services at User’s expense, as well as for the cost and availability of User’s Internet services and any wireless services User requires to access the Services. The responsibility to maintain and operate software, hardware, or other equipment includes, without limitation, utilizing current versions of browsers and appropriate security software. Poppins Health does not represent, or warrant that the Services or any portion thereof will always be available or that they are or will remain available on any specific hardware, software, or operating system configuration.
5. Mobile Devices
The Services may include certain features that are delivered via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Platform from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device. Consistent with our Privacy Policy, some of our Services may allow Poppins Health to send notifications, text messages, or other electronic messages to a User’s mobile device. User’s wireless service carrier’s charges, data rates, and other fees may apply. Under no circumstances will Poppins Health be responsible for any internet service or wireless service carrier charges, fees, or expenses incurred by the User. In addition, downloading, installing, or using certain Services may be prohibited or restricted by User’s carrier, and not all Services may work with all carriers or devices.
6. Communications
By submitting a form through our Services, sending Poppins Health an email, replying to an email from Poppins Health, or consenting to these Terms, User gives Poppins Health permission to email and/or text User information about User’s healthcare and health coverage, including, but not limited to, information about User’s healthcare, plan or claims, benefit statements, changes to User’s plan, suggestions to improve User’s healthcare experience, information about User’s spending accounts, and any related information. User agrees to keep User’s email address used for such communications up-to-date. User may change User’s communication preferences at any time on members.poppinshealth.com/settings or by emailing us at support@poppinshealth.com.By consenting to these Terms, User confirms that User can access electronic information and communications on the Platform or via email and consents to receiving electronic information and communications.
7. Modifications to the Services
Poppins Health reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. User agrees that Poppins Health, its directors, officers, employees, affiliates, and assigns will not be liable to User or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof, whether temporary or permanent, or for any loss of information or access to information resulting therefrom. User acknowledges that Poppins Health may establish and change practices and limits concerning use of the Services, including (without limitation) the maximum time that data or other content will be retained by the Services and the maximum storage space that will be allotted by or for Poppins Health on User’s behalf. User agrees that Poppins Health, its directors, officers, employees, affiliates, and assigns have no responsibility or liability for the deletion or failure to store any data or other content maintained by Poppins Health or uploaded by User to the Service or by the Service itself. Poppins Health may terminate accounts that Poppins Health deems to be inactive. User further acknowledges that Poppins Health reserves the right to change these practices and limits at any time, in its sole discretion, with or without notice.
Provider Finder Tool: Our informational “Get Care” tool helps Users find healthcare providers. The information in the tool about each provider is provided by partners and is updated regularly; however, before receiving services, User should independently confirm provider related information. THE GET CARE TOOL IS PROVIDED AS IS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. POPPINS HEALTH DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PROVIDER INFORMATION ON THE GET CARE TOOL, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. Acceptable Use Policy
User is solely responsible for all images, information, data, text, sound, photographs, graphics, messages, video, or other materials (“User Content”) that User uploads, posts, publishes, or displays (collectively, “Uploads”) or communicates or otherwise expresses or uses via the Services. This Section establishes the Acceptable Use Policy that the User may not violate in connection with User Content or Uploads. Poppins Health reserves the right to investigate and take appropriate action, including legal action, against anyone who, in Poppins Health’s sole discretion, violates this Acceptable Use Policy. Poppins Health may also, without limitation, remove the offending User Content from the Services, suspend or terminate the accounts of violators and report Users to law enforcement authorities.
User agrees to not use the Services to email or otherwise Upload any User Content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) User does not have a right to upload; (iii) contains software viruses, or any other computer code, files or programs designed to or intended to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v)constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Poppins Health, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Poppins Health or its users to harm or liability of any type.
User agrees to not use the Services to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including by (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law; violate any applicable local, state, national or international law, rule, or regulations, or cause Poppins Health to violate any law, rule, or regulation; perform any fraudulent activity, including impersonating any person or entity, or falsely state or otherwise misrepresent User’s or any individual’s affiliation with a person or entity; or accessor attempt to access any materials or information through means not intentionally made available or provided through the Service.
User agrees to not interfere with the operation of the Services or any other User’s enjoyment of the Services, including by(i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another User or third party without consent.
User shall not sell, license, or otherwise share or transfer the access granted under these Terms, which access is non-transferrable, or copy, reproduce, distribute, perform, display, sell, offer for sale, license, or otherwise convey any materials or information available on or through the Services to which the User has no such legal rights, or to convey to any third party other than the entity for whom User executed these terms and conditions any right or ability to view or access any materials or information available on or through the Service.
User shall not attempt to do any illegal acts or acts proscribed in these Terms or to assist or permit any person in engaging in any such acts.
9. No Commercial Use
Unless otherwise expressly authorized in these Terms or in the Services, User agrees not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, offer for sale, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services (excluding content that the User owns), use of the Services, or access to the Services.
10. Intellectual Property Rights
User acknowledges and agrees that the Services may contain content or features (“Services Content”) protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Poppins Health, User agrees not to modify, copy, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing prohibition in this Section does not apply to User’s own User Content that User legally uploads to the Platform. User also agrees not to frame or scrape the Services or Services Content. In connection with use of the Services, User will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If User is blocked by Poppins Health from accessing the Services, User agrees not to implement any measures to circumvent such blocking. Any use of the Services or the Services Content other than as specifically authorized in these Terms is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Poppins Health, our affiliates and our partners (the “Software”). User agrees not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted in this agreement are reserved by Poppins Health.
The Poppins Health name and logos are trademarks and service marks of Poppins Health (collectively the “Poppins Health Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Poppins Health. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Poppins Health Trademarks or third-party Trademarks displayed on the Platform or through the Services, without our, or such third party’s as applicable, prior written permission in each instance. All goodwill generated from the use of Poppins Health Trademarks will inure to Poppins Health’s exclusive benefit.
The Services may include or incorporate third party content or material. These third parties are not under Poppins Health’s control. Under no circumstances will Poppins Health be liable in any way for any content or materials of any third parties (including health or wellness providers or employers), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use, reproduction, distribution, performance, or display of any third party content on or through the Services. USER AGREES THAT USER MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.
User acknowledges that Poppins Health does not have an obligation to pre-screen third party content or User Content, but that Poppins Health and its designees will have the right(but not the obligation) in their sole discretion to monitor any and all information transmitted or received through the Services for operational and other purposes and to refuse or remove any content that is available via the Services. If at any time Poppins Health chooses to monitor the content, Poppins Health, its directors, officers, employees, affiliates, and assigns still assume no responsibility or liability for content or any loss or damage incurred as a result of the use of content. Without limiting the foregoing, Poppins Health will have the right to remove or block any content that violates these Terms or is deemed by Poppins Health, in its sole discretion, to be otherwise objectionable.
11. Feedback
User acknowledges and agrees that any comments, suggestions, ideas, feedback or other information about the Services (“Feedback”), provided by User to Poppins Health are non-confidential and Poppins Health is entitled to the unrestricted use and dissemination of these Feedback, and any and all derivative works thereof, for any purpose, commercial or otherwise, without acknowledgment, accounting to, or compensation to User. If User chooses to provide Feedback, User grants Poppins Health an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback and derivative works thereof in any manner and for any purpose, including to improve the Services and to create other products and services that Poppins Health sells or offers for sale.
12. Third Party Sites or Information
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Poppins Health has no control over such sites and resources and Poppins Health is not responsible for and does not endorse such sites and resources. User further acknowledges and agrees that Poppins Health will 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 content, events, goods or services available on or through any such site or resource. Any dealings User has with third parties found while using the Service are between User and the third party, and User agrees that Poppins Health is not liable for any loss or claim that User may have against any such third party.
13. Indemnity and Release
To the fullest extent permitted by law, User is responsible for his or her own use of the Services. User releases and agrees to indemnify and hold Poppins Health and its officers, directors, employees, consultants, subsidiaries, affiliates, assigns, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to: (a) User’s unauthorized use or misuse of the Services; (b)User’s connection to the Services; (c) User’s violation of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (d) User’s violation of any rights of a third party, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (e) any dispute or issue between User and any third party. IF USER IS A CALIFORNIA RESIDENT, USER WAIVES CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” If User is a resident of another jurisdiction, User waives any comparable statute or doctrine. Poppins Health reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User (without limiting User’s indemnification obligations with respect to that matter), and in that case, User agrees to cooperate with our defense of those claims.
14. Disclaimer of Warranties
USER’S USE OF THE SERVICE IS AT USER’S SOLE RISK. THE SERVICES AREPROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. POPPINS HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
POPPINS HEALTH MAKES NO WARRANTY THAT THE SERVICES OR ANY PORTION THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES (i) WILL MEET USER’S REQUIREMENTS, (ii)WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, (iii) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY USER THROUGH THE SERVICES WILL MEET USER’S EXPECTATIONS, AND POPPINS HEALTH DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
WITHOUT LIMITING ANYTHING IN THESE TERMS, ANY GENERAL ADVICE OR INFORMATION THAT MAY BE POSTED ON THE PLATFORM OR THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE ANY MEDICAL OR OTHER PROFESSIONAL ADVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM THE SERVICE OR POPPINS HEALTH OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE POPPINS HEALTH OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICES AND USER’S DEALING WITH ANY OTHER USER. USER UNDERSTANDS AND AGREES THAT USER USES ANY PORTION OF THE SERVICES AT ITS OWN DISCRETION AND RISK, AND THAT POPPINS HEALTH IS NOT RESPONSIBLE FOR ANY DAMAGE TO USER’S PROPERTY (INCLUDING USER’S COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
POPPINS HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON IN CONNECTION WITH ANY INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE PLATFORM OR THE SERVICES. IF USER HAS SPECIFIC CONCERNS OR A SITUATION ARISES IN WHICH USER REQUIRES MEDICAL ADVICE, USER SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED MEDICAL SERVICES PROVIDER. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF USER EXPERIENCES A MEDICAL EMERGENCY, IMMEDIATELY CALL 911. NOTHING STATED, POSTED, OR IMPLIED ON THE SERVICES IS INTENDED TO BE AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, NURSING, SOCIAL WORK, OR OTHER PROFESSIONAL HEALTHCARE ADVISE OR THE PROVISION OF MEDICAL CARE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. POPPINS HEALTH DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT POPPINS HEALTH IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
15. Limitation of Liability
POPPINS HEALTH DOES NOT LIMIT OUR LIABILITY TO USERS WHERE IT WOULD BE ILLEGAL TO DO SO, SUCH AS FOR ANY LIABILITY FOR POPPINS HEALTH’S FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. THIS SECTION DOES NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO A USER IF THE USER RESIDES IN SUCH A JURISDICTION. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT LEGALLY POSSIBLE, POPPINS HEALTH AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, LICENSORS, AND CONTENT PROVIDERS, WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT): (A) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (C) FOR USER’S USE OR INABILITY TO USE OR RELIANCE ON THE SERVICES OR ANY CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S DATA OR CONTENT; OR (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), THE MAXIMUM LIABILITY OF POPPINS HEALTH AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, LICENSORS OR CONTENT PROVIDERS TO USER FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION WILL NOT EXCEED $100.00. IN STATES WHERE THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE ARE NOT ALLOWED, POPPINS HEALTH IS RESPONSIBLE TO USER ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU.
16. Governing Law and Geographic Limitations
The Terms will be interpreted and construed in accordance with the laws of the State of Ohio without regard to its conflict of laws principles. Poppins Health is based in the State of Ohio in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and taxes.
17. Dispute Resolution
Subject to the section titled “Mandatory Binding Arbitration” set out below, any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in the County of Franklin, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in the venue of your residence or any other relevant venue. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Further, subject to the section titled “Mandatory Binding Arbitration” set out below, you agree that any dispute arising out of or related to these Terms or the Services is personal to you and Poppins Health and that any such controversy, claim, suit, injury, harm, loss, or damage shall be brought on an individual basis and shall not be consolidated with any controversy, claim, suit, injury, harm, loss, or damage of any other party. However, this representative action waiver may be severed if it would otherwise render these Terms unenforceable.
18. Mandatory Binding Arbitration
Any and all disputes arising from these Terms or the use of the Services must be submitted to final and binding arbitration under the Commercial Rules of Arbitration and Arbitration Procedures of the American Arbitration Association(“AAA”) applying Ohio law. The rules and procedures can be obtained at any AAA office, at www.adr.org, or by calling the AAA at 1-800-778-7879. If there is any inconsistency between the AAA Rules and this arbitration provision, the terms of this arbitration provision will control unless the arbitrator determines that the application of the inconsistent terms would result in a fundamentally unfair arbitration. The arbitration shall be conducted in either of the following locations: (i)Franklin County, Ohio, or (ii) the county in which you accessed and used the Services. Judgment of the arbitration award may be entered by any court having jurisdiction thereof. Poppins Health may seek any interim or preliminary relief from a court of competent jurisdiction in any such county necessary to protect its rights pending the completion of arbitration. You agree to submit yourself to the personal jurisdiction of the State of Ohio or the state in which you accessed and used the Services.
Arbitration shall be conducted before a single arbitrator mutually chosen by Poppins Health and you from a list provided by the AAA. However, if Poppins Health and you fail to agree on the selection of the arbitrator within 30 days after the date of the filing of the arbitration case, the AAA will select the arbitrator. Except as set forth herein, both you and Poppins Health expressly waive entitlement, if any, to have any controversy, claim, suit, injury, harm, loss, or damage heard before a court or a jury. The arbitrator will base the decision on the evidence presented and in accordance with these Terms and governing law, including statutory and judicial authority. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. The arbitrator will issue a written decision, which will contain the essential findings and conclusions on which the decision is based. The arbitrator’s decision will be final and binding upon all parties. ANY SUCH CONTROVERSY, CLAIM, SUIT, INJURY, HARM, LOSS, OR DAMAGE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CONTROVERSY, CLAIM, SUIT, INJURY, HARM, LOSS, OR DAMAGE OF ANY OTHER PARTY. However, this representative action waiver may be severed if it would otherwise render these Terms or this arbitration provision unenforceable. Notwithstanding anything to the contrary, disputes may be brought before an administrative agency to the extent applicable law requires access to an agency. Nothing in this arbitration provision shall be construed to do any of the following: (i)relieve any party of the duty to exhaust administrative remedies by filing a charge or complaint with an administrative agency and obtaining a right to sue notice, where otherwise required by law; or (ii) prevent either party from cooperating with a federal or state body as required by law. You understand that you are not entitled to a double recovery or eligible to receive any monetary benefit from any action brought by an administrative agency except as required by law.
To commence arbitration against Poppins Health, you must file a case with the AAA. Instructions for filing a case with the AAA can be found on its website at http://www.adr.org. You must send a copy of any filing to Poppins Health at the following address:
Poppins Health
Attn: Legal Department
1223 East Main Street
Columbus, OH 43205
For more information, see the AAA’s claim filing page at http://www.adr.org/fileacase
19. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
20. Termination
If User violates any provision of these Terms, User’s authorization to access the Services and these Terms automatically terminate. In addition, User agrees that Poppins Health, in its sole discretion and subject to applicable law, may suspend or terminate User’s account (or any part thereof) or use of the Services and remove and discard any content within the Service, for any reason or no reason, including, without limitation, for lack of use or if Poppins Health believes that User has violated or acted inconsistently with the letter or spirit of these Terms, with or without notice. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of User’s use of Services, may be referred to appropriate law enforcement authorities. Poppins Health may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. User agrees that any termination of User’s access to the Services under any provision of these Terms may be effected without prior notice, and acknowledges and agree that Poppins Health may immediately deactivate or delete User’s account and all related information and files in User’s account and/or bar any further access to such files or the Services. Further, User agrees that Poppins Health will not be liable to User or any third party for any termination of User’s access to the Services.
21. Changes to Terms
Poppins Health may modify these Terms at any time, in Poppins Health’s sole discretion. If an update to these Terms affects User’s use of the Services or User’s legal rights as a User, Poppins Health will let User know by posting the modified Terms on the Platform or through other communications. It is important that User reviews the Terms whenever Poppins Health modifies them because if User continues to use the Services after Poppins Health has notified User of the modification and the modified Terms have been posted on the Platform, User is indicating that User agrees to be bound by the modified Terms. If User does not agree to be bound by the modified Terms, then User may not continue to use the Services.
22. General
These Terms constitute the entire agreement between User and Poppins Health and govern User’s use of the Services, superseding any prior agreements between User and Poppins Health with respect to the Services. The failure of Poppins Health to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision or a waiver of any subsequent breach or default such provision. If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. User may not assign these Terms, in whole or in part, by operation of law or otherwise, without the prior written consent of Poppins Health. Any attempt to assign or transfer the Terms, without such consent, will be void. Poppins Health may assign or transfer these Terms, in whole or in part, without restriction and without notice or consent. The provisions of these Terms will inure to the benefit of, and be binding upon, the parties and their respective successors and permitted assigns. Throughout these Terms the use of the word “including” means “including but not limited to”. Any notices or other communications provided by Poppins Health in relation to these Terms, including those regarding modifications to these Terms, will be given (i) via email; or(ii) by posting to the Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is sent by Poppins Health. For notices made by posting to the Website, the date of such posting will be deemed the date that notice is posted on the Website.
23. Privacy Policy
Poppins Health’s Privacy Policy is expressly incorporated into these Terms. The Privacy Policy discloses Poppins Health’s practices regarding the collection, use, and disclosure of User’s personal information that is created, uploaded, or transmitted while using the Services. By agreeing to these Terms, User is also agreeing to the terms of Poppins Health’s Privacy Policy and consenting to the collection, use, and disclosure of information provided to Poppins Health as set forth in these Terms and in any other agreements with User. For inquiries regarding the Privacy Policies or to report a privacy related problem, please contact privacy@poppinshealth.com.
24. Contact Us
Please contact us at privacy@poppinshealth.com to report any violations of these Terms or to pose any questions regarding these Terms.
