Ferry Health Terms of Service

Last Updated: 08/29/24 

Welcome, and thank you for your interest in Ferry Health, Inc. (“Ferry Health,” “we,” or “us”) and our website at https://ferry.health and our related websites and hosted applications (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Ferry Health regarding your use of the Ferry Health services. If you are a clinical expert, healthcare provider, or healthcare professional accessing the services on behalf of an entity, company, or other organization (the “Enterprise”), Ferry Health may have in place, or may enter into, a written agreement with the Enterprise regarding our provision of the services (the “Enterprise Agreement”). The Enterprise Agreement (if any) governs our provision of the services to the Enterprise and your access and use of the services on behalf of the Enterprise and may modify or supersede certain aspects of these Terms, including as further outlined in these Terms.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING FERRY HEALTH’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND FERRY HEALTH’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY FERRY HEALTH AND BY YOU TO BE BOUND BY THESE TERMS. 

YOU AGREE TO RECEIVE TEXTS FROM FERRY HEALTH AT THE PHONE NUMBER PROVIDED BY YOU AND ASSOCIATED WITH YOUR ACCOUNT.  WE ARE REQUIRED TO INFORM YOU THAT THESE TEXTS MAY BE CONSIDERED MARKETING UNDER APPLICABLE LAW AND MAY BE MADE USING AN AUTODIALER.  YOUR CONSENT IS NOT A CONDITION OF PURCHASE.  

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND FERRY HEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. 

  1. Overview

  1. General. You can use the Service to, at your discretion, schedule appointments with certain medical specialists and clinical experts (collectively, “Providers”). The Service may include information about these Providers such as their location, specialty, availability, estimated copay for an initial visit, and other information.

  1. Do Not Use in an Emergency. IF YOU HAVE A MEDICAL EMERGENCY, CALL 9-1-1 IMMEDIATELY. NEITHER FERRY HEALTH NOR PROVIDERS ARE DESIGNED FOR OR INTENDED FOR EMERGENCY USE. 

  1. NO MEDICAL ADVICE. FERRY HEALTH DOES NOT PROVIDE MEDICAL ADVICE. WITHOUT LIMITING ANY OTHER TERMS IN THESE TERMS:

    1. YOU ACKNOWLEDGE THAT, ALTHOUGH CERTAIN INDEPENDENT THIRD PARTIES MAY BE LISTED ON THE SERVICE, THE SERVICES PROVIDED BY FERRY HEALTH DO NOT CREATE A MEDICAL PROFESSIONAL OR PATIENT RELATIONSHIP BETWEEN FERRY HEALTH AND YOU, AND DO NOT CONSTITUTE ANY PROFESSIONAL OPINION, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT BY FERRY HEALTH. NONE OF THE SERVICES PROVIDED BY FERRY HEALTH ARE INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, ANY PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT. 

    2. FERRY HEALTH IS NOT A HEALTHCARE PROVIDER. FERRY HEALTH DOES NOT VERIFY OR REVIEW ANY INFORMATION OR SERVICE THAT YOU MAY RECEIVE FROM A PROVIDER OR ANY OTHER THIRD PARTY, INCLUDING ANY INFORMATION DISPLAYED ON THE SERVICE. YOUR INTERACTIONS WITH ANY PROVIDER (INCLUDING ANY CONSULTATIONS, MESSAGING, OR ANY PROVISION OF CARE OR OTHER INTERACTION OUTSIDE OF OUR SERVICE (EACH, A “CONSULTATION”)), AND ANY OPINIONS, RECOMMENDATIONS, MATERIALS, OR INFORMATION MADE AVAILABLE TO YOU BY ANY PROVIDER, ARE SOLELY BETWEEN YOU AND THE PROVIDER. 

    3. FERRY HEALTH DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR OTHER COMMITMENTS OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH ANY PROVIDER OR ANY INFORMATION ON THE SERVICE (INCLUDING BUT NOT LIMITED TO DESCRIPTIONS OF PROFESSIONAL/PROVIDER QUALIFICATIONS, EXPERTISE, OR QUALITY OF WORK). WITHOUT LIMITING THE FOREGOING, FERRY HEALTH DOES NOT ENDORSE ANY PARTICULAR PROVIDER OR TREATMENT METHOD OR TECHNIQUE, AND SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY ANY PARTY IN RELIANCE ON INFORMATION ARISING FROM ANY USE OF THE SERVICE (INCLUDING ANY INTERACTIONS OR CONSULTATIONS WITH PROVIDERS).

    4. YOU AGREE THAT ANY PROVIDER YOU ENGAGE WITH WILL BE SOLELY AND EXCLUSIVELY RESPONSIBLE AND LIABLE FOR ALL CLINICAL DECISIONS AND INFORMATION, AND FERRY HEALTH WILL NEITHER HAVE NOR EXERCISE ANY CONTROL OR DISCRETION OVER THE METHODS BY WHICH ANY PROVIDER RENDERS ANY CLINICAL SERVICE OR ADVICE. 

    5. NOTHING IN THESE TERMS SHOULD BE CONSTRUED TO ALTER OR OTHERWISE AFFECT THE LEGAL, ETHICAL, OR PROFESSIONAL RELATIONSHIPS BETWEEN AND AMONG YOU AND PROVIDERS, NOR DOES ANYTHING IN THESE TERMS ABROGATE ANY RIGHT, PRIVILEGE, OR OBLIGATION ARISING FROM OR RELATED TO THE PHYSICIAN-PATIENT RELATIONSHIP. 

    6. FERRY HEALTH IS NOT A REFERRAL SERVICE AND DOES NOT REFER, RECOMMEND OR ENDORSE ANY PARTICULAR PROVIDER, TEST, PROCEDURE, OPINION, OR OTHER INFORMATION THAT MAY APPEAR VIA THE SERVICES. IF YOU RELY ON ANY INFORMATION OR SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK. WE ENCOURAGE YOU TO INDEPENDENTLY CONFIRM ANY INFORMATION OR CONSULTATION RELEVANT TO YOU WITH OTHER SOURCES.

  2. Eligibility. You must be at least 18 years old to use the Service. In certain cases, if you are under the age of 18 (or the age of legal majority under applicable law), you may be able to use the Service, but only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old, or you are under 18 (or the age of legal majority under applicable law) and you are using the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

  3. Accounts and Registration. To initially access some features of the Service, you may be sent an access code and may be required to register for an account. If you register for an account, you may be required to provide us with some information about yourself, such as your name, phone number, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you may be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at support@ferry.health.

  4. Licenses

    1. Limited License. Subject to your complete and ongoing compliance with these Terms, Ferry Health grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service. 

    2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

    3. Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Ferry Health an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

  5. Ownership; Proprietary Rights. The Service is owned and operated by Ferry Health. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Ferry Health (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Ferry Health or its third-party licensors. Except as expressly authorized by Ferry Health, you may not make use of the Materials. There are no implied licenses in these Terms and Ferry Health reserves all rights to the Materials not granted expressly in these Terms.

  6. Third-Party Terms 

    1. Third-Party Platforms. Certain features of the Service may enable integration with third-party platforms, add-ons, services, or products not provided by Ferry Health (“Third-Party Platforms”). If you direct Ferry Health to transmit data to, or receive data from, a Third-Party Platform on your behalf, then you authorize Ferry Health to access, collect, use, copy, store, host, disclose, transmit, transfer, publicly display, modify, create derivative works of, and otherwise process (collectively, “Process”) any such data (including Submitted Data) in connection with the applicable integration, in a manner consistent with the functionality of the Service requested by you and the permissions granted to Ferry Health by the relevant integration. You acknowledge and agree that your use of a Third-Party Platform is subject to your agreement with the relevant provider of such Third-Party Platform, and that Ferry Health is not a party to such agreement. Ferry Health does not control and has no liability for Third-Party Platforms, including their security, functionality, operation, availability, or interoperability with the Services or how the Third-Party Platforms or their providers use Submitted Data. All data received from Third-Party Platforms on your behalf as described in this Section 7 will be deemed Submitted Data under this Agreement.

    2. Linked Websites. The Service may contain links to third-party websites. Linked websites are not under Ferry Health’s control, and Ferry Health is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any Submitted Data or information with such third-party services. Once sharing occurs, Ferry Health will have no control over the information that has been shared. 

    3. Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

  7. Submitted Data 

    1. Submitted Data Generally. Certain features of the Service may permit users to submit, upload, or otherwise transmit (“Submit”) content to the Service, including messages, data, text, and any other works of authorship, other works, or other information (“Submitted Data”). You retain any copyright and other proprietary rights that you may hold in the Submitted Data that you Submit to the Service, subject to the licenses granted in these Terms.

    2. Limited License Grant to Ferry Health. By Submitting Submitted Data to or via the Service, you grant Ferry Health a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and otherwise exploit your Submitted Data, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed for purposes of building, training, improving, or providing our current and future products and services (including, without limitation, any that leverage or include artificial intelligence technologies or capabilities, such as and machine learning models). You agree to pay all monies owing to any person or entity (if any) resulting from Submitting your Submitted Data and from Ferry Health’s exercise of the license set forth in this Section.

    3. You Must Have Rights to the Content You Submit; Submitted Data Representations and Warranties. You must not Submit Submitted Data if you are not the owner of or are not fully authorized to grant rights in all of the elements of that Submitted Data. Ferry Health disclaims any and all liability in connection with Submitted Data. You are solely responsible for your Submitted Data and the consequences of providing Submitted Data via the Service. By providing Submitted Data via the Service, you affirm, represent, and warrant to us that:

      1. you are the creator and owner of the Submitted Data, or have the necessary licenses, rights, consents, and permissions to authorize Ferry Health to Process your Submitted Data as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Ferry Health, the Service, and these Terms;

      2. your Submitted Data, and the Submission or other use of your Submitted Data as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Ferry Health to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and

      3. your Submitted Data could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

    4. Submitted Data Disclaimer. We are under no obligation to edit or control Submitted Data that you or other users Submit and will not be in any way responsible or liable for Submitted Data. Ferry Health may, however, at any time and without prior notice, screen, remove, edit, or block any Submitted Data that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Ferry Health with respect to Submitted Data. For clarity, Ferry Health does not permit infringing activities on or via the Service.

    5. Monitoring Content. Ferry Health does not control and does not have any obligation to monitor: (a) Submitted Data; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Ferry Health reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Ferry Health chooses to monitor the content, then Ferry Health still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). Ferry Health may block, filter, mute, remove or disable access to any Submitted Data uploaded to or transmitted through the Service without any liability to the user who Submitted such Submitted Data to the Service or to any other users of the Service.

  8. AI Features

    1. Generally. Certain portions of the Service may be powered by artificial intelligence (“AI Features”), which may generate and return an output to you (“AI Output”). You acknowledge that AI Outputs provided to you may be similar or identical to AI Outputs independently provided by Ferry Health to other users.

    2. Infringement by Outputs. Due to the nature of the AI Features, Ferry Health does not represent or warrant that (a) any AI Output does not incorporate or reflect third-party content or materials or (b) any AI Output will not infringe third-party intellectual property rights.

  9. Communications via Text Messaging. 

    1. Ferry Health Contacting You. YOU AGREE TO RECEIVE TEXTS FROM FERRY HEALTH AT THE PHONE NUMBER PROVIDED BY YOU AND ASSOCIATED WITH YOUR ACCOUNT. WE ARE REQUIRED TO INFORM YOU THAT THESE TEXTS MAY BE CONSIDERED MARKETING UNDER APPLICABLE LAW AND MAY BE MADE USING AN AUTODIALER.  YOUR CONSENT IS NOT A CONDITION OF PURCHASE. These messages may also include operational messages about your use of the Service. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier. 

    2. Opt Out. IF YOU WISH TO OPT OUT OF MARKETING TEXT MESSAGES FROM FERRY HEALTH, YOU CAN EMAIL SUPPORT@FERRY.HEALTH OR TEXT THE WORD “STOP MARKETING” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL TEXT MESSAGES FROM FERRY HEALTH, YOU CAN EMAIL SUPPORT@FERRY.HEALTH OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. 

  10. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:

    1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;

    2. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

    3. access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, scrapers, and data mining tools) other than the software or search agents provided by Ferry Health;

    4. interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

    5. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

  1. use the Service to develop new products and services (including, without limitation, for developing, training, and fine tuning artificial intelligence and machine learning models) without Ferry Health’s express written permission;

  1. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;

  2. sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or

  3. attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11.

  1. Modifications

    1. Modification of the Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 12.1, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. 

    2. Modification of the Service. Ferry Health reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Ferry Health will have no liability for any change to the Service, including any paid for functionalities of the Service, or any suspension or termination of your access to or use of the Service.

  2. Term and Termination

    1. Term. These Terms are effective beginning when you accept the Terms or first access or use the Service, and ending when terminated as described in Section 13.2.

    2. Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Ferry Health may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time through your account settings or by contacting customer service at support@ferry.health.

    3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Ferry Health any unpaid amount that was due prior to termination; and (d) Sections 2, 3, 5.2, 5.3, 6, 8.2, 8.3, 8.4, 9, 10, 13.3, and 14–18 will survive. You are solely responsible for retaining copies of any Submitted Data you Submit to the Service since upon termination of your account, you may lose access rights to any Submitted Data you Submitted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.

  3. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Ferry Health, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Ferry Health Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

  4. Disclaimers; No Warranties by Ferry Health. THE FOLLOWING TERMS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:

    1. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. FERRY HEALTH DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. FERRY HEALTH DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND FERRY HEALTH DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

    2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR FERRY HEALTH ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE FERRY HEALTH ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING SUBMITTED DATA.

    3. WITHOUT LIMITING ANY OTHER PROVISIONS SET FORTH IN THESE TERMS:

      1. FERRY HEALTH IS NOT A HEALTH INSURANCE COMPANY AND DOES NOT PROVIDE YOU WITH HEALTH INSURANCE BENEFITS. YOU ARE SOLELY RESPONSIBLE FOR IDENTIFYING AND UNDERSTANDING ANY THIRD-PARTY PLANS OR BENEFITS YOU MAY HAVE THAT PERTAIN TO HEALTHCARE.

      2. FERRY HEALTH HAS NO RESPONSIBILITY TO COORDINATE WITH YOUR EMPLOYER OR ANY THIRD PARTY IN CONNECTION WITH ANY OTHER BENEFITS OR PLANS YOU MAY HAVE THAT PERTAIN TO HEALTHCARE. YOU ARE SOLELY RESPONSIBLE FOR ALL SUCH COORDINATION.

  5. Limitation of Liability. THE FOLLOWING TERMS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:

    1. IN NO EVENT WILL THE FERRY HEALTH ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY FERRY HEALTH ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

    2. EXCEPT AS PROVIDED IN SECTIONS 17.517.4 AND 17.7, THE AGGREGATE LIABILITY OF THE FERRY HEALTH ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO USD $100.

    3. YOU EXPRESSLY WAIVE AND RELEASE FERRY HEALTH FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING FROM OR IN ANY WAY RELATED TO YOUR CONSULTATIONS OR INTERACTIONS WITH PROVIDERS.

    4. FERRY HEALTH WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, INCLUDING CLAIMS OF PROFESSIONAL MALPRACTICE, BETWEEN PROVIDERS AND USERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICE (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU.

    5. THE QUALITY OF CONSULTATIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE PROVIDER WHO ULTIMATELY PROVIDES THE CONSULTATION. 

    6. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  6. Dispute Resolution and Arbitration 

    1. Generally. Except as described in Section 17.2 and 17.3, you and Ferry Health agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FERRY HEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

  1. Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

  2. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 within 30 days after the date that you agree to these Terms by sending a letter to Ferry Health, Inc., Attention: Legal Department – Arbitration Opt-Out, 1059 Tennessee St., San Francisco, CA 94107 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Ferry Health receives your Opt-Out Notice, this Section 17 will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

  1. Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, “JAMS Rules”) as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.com, by calling the JAMS at +1-800-352-5267 or by contacting Ferry Health.

  1. Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Ferry Health’s address for Notice of Arbitration is: Ferry Health, Inc., 1059 Tennessee St., San Francisco, CA 94107. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Ferry Health may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Ferry Health will reimburse you for your payment of the filing fee, unless your claim is for more than USD $10,000 or if Ferry Health has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.

  2. Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence address unless we agree otherwise or, if the claim is for USD $10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your residence address. During the arbitration, the amount of any settlement offer made by you or Ferry Health must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. 

  3. Arbitration Relief. Except as provided in Section 17.8, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Ferry Health before an arbitrator was selected, Ferry Health will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) USD $10,000. The arbitrator’s award shall be final and binding on all parties, except (i) for judicial review expressly permitted by law or (ii) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

  4. No Class Actions. YOU AND FERRY HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Ferry Health agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. 

  5. Modifications to this Arbitration Provision. If Ferry Health makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Ferry Health’s address for Notice of Arbitration, in which case your account with Ferry Health will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

  6. Enforceability. If Section 17.8 or the entirety of this Section 17 is found to be unenforceable, or if Ferry Health receives an Opt-Out Notice from you, then the entirety of this Section 17 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 will govern any action arising out of or related to these Terms. 

  1. Miscellaneous 

    1. General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Ferry Health regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your Submitted Data, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

    2. Governing Law. These Terms are governed by the laws of the California without regard to conflict of law principles. You and Ferry Health submit to the personal and exclusive jurisdiction of the state courts and federal courts having jurisdiction over San Francisco County, California, for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

    3. Privacy Policy. Please read the Ferry Health Privacy Policy (available at https://ferry.health/privacy) (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Ferry Health Privacy Policy is incorporated by this reference into, and made a part of, these Terms. 

    4. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

    5. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

    6. Contact Information. The Service is offered by Ferry Health, Inc., located at 1059 Tennessee St., San Francisco, CA 94107. You may contact us by sending correspondence to that address or by emailing us at support@ferry.health.

    7. Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

    8. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

    9. International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.