Foreground Health, LLC Terms and Conditions
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS (collectively with any amendments, “TERMS”, "TERMS AND CONDITIONS") BEFORE USING THIS WEBSITE OR APPLICATION. THIS WEBSITE IS OWNED AND OPERATED BY FOREGROUND HEALTH LLC AND ITS AFFILIATES (collectively "FOREGROUND HEALTH", "US", "WE" or "OUR"). THE TERMS AND CONDITIONS MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION.
BY USING THIS WEB SITE, APPLICATION (“APP”), OR ANY WEB SITE OR APPLICATION OF FOREGROUND HEALTH (collectively, “SITES” or “TOOLS”), YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DISCONTINUE USE OF THE SITES AND TOOLS AND DO NOT USE ANY WEB SITE OR APPLICATION OF FOREGROUND HEALTH.
YOU SHOULD BE AWARE THAT FOREGROUND HEALTH IS NOT A PROVIDER OF MEDICAL ADVICE OR MEDICAL SERVICES. BEFORE YOU TAKE ANY ACTION THAT MAY AFFECT YOUR HEALTH OR SAFETY OR THE HEALTH OR SAFETY OF OTHERS, PLEASE CONSULT WITH A PROFESSIONAL. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911, YOUR LOCAL EMERGENCY NUMBER, OR YOUR HEALTHCARE PROVIDER IMMEDIATELY.
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Your continued use of the Sites and/or other products or services of Foreground Health after any such changes constitutes your acceptance of the new Terms and Conditions. Any updates or amendments will be posted on the Sites. The Terms and Conditions displayed on the Sites at the time the time of use of the Sites will apply to that use.
These Terms and Conditions govern and apply to your ("you" or "your") access to and use of the Sites and their related domains on which these Terms and Conditions appear, and to all products and services we supply, produce, distribute, or market.
To the extent of any express inconsistency with any other agreement you may have with Foreground Health for products, services, or otherwise, that other agreement shall prevail unless otherwise explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Sites.
Use and Conduct
The information on the Tools is strictly for educational use only, and is in no way a substitute for seeking aid or evaluation from a medical professional. The Tools and information within is not intended to constitute medical advice or be a substitute for professional medical advice, diagnosis, or treatment. Any medical or health information obtained from the Tools should be verified with a medical professional before being applied. The information from the Tools is not intended for use by professionals nor is it intended to be applied to professional practice. The information on the Tools is in no way a substitute for legal or financial advice. Information within the Tools regarding legal documents, legal advice, finances, or financial advice should be directed to a professional.
Always seek the advice of your physician or other qualified health provider with any questions you may have about a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites. If you think you may have a medical emergency, call 911, your local emergency number, or your healthcare provider immediately.
The Tools and information within do not qualify you to diagnosis, treat, prescribe, or otherwise exercise any form of medical practice.
Foreground Health makes no claim or warranty that the Tools will have any impact on your medical treatment course, health, hospital stay, duration or length of stay, or accessibility to medical treatments or services.
You agree to absolve Foreground Health of all legal responsibility in the event of your reliance on the information provided herein.
You must only use the Sites for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment, education, or use of the Sites. You may not without our prior written consent:
In using the Sites, you further agree:
In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on the Sites.
The views and opinions posted in reviews or third party websites or applications expressed herein do not necessarily state or reflect the attitudes and opinions of Foreground Health. These views and opinions shall not be attributed to or otherwise endorsed by Foreground Health, and may not be used for advertising or product endorsement purposes without the express, written consent of Foreground Health.
Changes to the Sites
Foreground Health may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Sites or any products available through or outside of the Sites, temporarily or permanently, including the availability of any features of the Sites or access to any parts of the Sites, at any time without notice to you, and you agree that Foreground Health shall not be liable therefore.
Foreground Health makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from the Sites, or sites linking to these Sites. The linked sites are not under the control of Foreground Health, and Foreground Health is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Foreground Health of the site or any information contained therein. When leaving the Sites, you should be aware that Foreground Health’s Terms and Conditions and policies no longer apply to the linked sites, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site before use.
Copyright and Trademarks
All the Sites' materials, including, without limitation, the Foreground Health logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the "Content") are Copyright protected by Foreground Health with all rights reserved. Unless expressly stated otherwise, Foreground Health or its licensors own and retain proprietary rights in all Content available through the Sites. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Foreground Health. You may not, without the express written permission of Foreground Health (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Sites, its content, or services or products obtained through the Sites; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Sites or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Foreground Health or any third party.
Foreground Health’s trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Foreground Health or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Foreground Health, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Foreground Health.
Copyright Policy and Copyright Agent
It is Foreground Health’s policy to respect the copyright and intellectual property rights of others. Foreground Health may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. Further, Foreground Health complies with the Digital Millennium Copyright Act.
If you believe that Foreground Health has infringed your copyright in any material way, please notify Foreground Health, and provide the following:
Please direct inquiries regarding intellectual property infringement issues by email to: firstname.lastname@example.org, or by mail to:
Foreground Health LLC
7209 Lancaster Pike Suite 4 #329
Hockessin, DE 19707
You agree to indemnify and hold harmless Foreground Health, its parents, members, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITES AND OTHER PRODUCTS AND SERVICES OF FOREGROUND HEALTH IS AT YOUR SOLE RISK. THE SITE AND ANY MOBILE APPLICATION OR OTHER TOOLS IS PROVIDED BY FOREGROUND HEALTH ON AN “AS IS” BASIS. FOREGROUND HEALTH AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FOREGROUND HEALTH APPS, THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON ANY OF THE FOREGROUND HEALTH APPS OR THE WEBSITE OR IN ASSOCIATION WITH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FOREGROUND HEALTH AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FOREGROUND HEALTH AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN OR AVAILABLE ON ANY FOREGROUND HEALTH APP OR THE WEBSITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
THE SITES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. FOREGROUND HEALTH SHALL NOT BE LIABLE FOR ANY FAILURE OF ANY FOREGROUND HEALTH TOOL. SUCH FAILURE MAY RESULT FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE BEYOND FOREGROUND HEALTH’S REASONABLE CONTROL, SUCH AS MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION. YOU AGREE THAT FOREGROUND HEALTH SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF MATERIALS, CONTENT, OR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICES.
THE SITES MAY CONTAIN OR DELIVER ADVERTISING. ADVERTISERS ARE RESPONSIBLE FOR ENSURING THAT MATERIAL SUBMITTED FOR INCLUSION IS ACCURATE AND COMPLIES WITH APPLICABLE LAWS. WE ARE NOT RESPONSIBLE FOR THE ILLEGALITY OR ANY ERROR, INACCURACY OR PROBLEM IN THE ADVERTISER'S OR SPONSOR'S MATERIALS.
YOU UNDERSTAND AND AGREE THAT THE SITES AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.
ALTHOUGH FOREGROUND HEALTH STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITES, FOREGROUND HEALTH DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE SITES IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, FOREGROUND HEALTH DOES NOT WARRANT THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
FOREGROUND HEALTH DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITES WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, FOREGROUND HEALTH DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The terms of this section apply to the extent permitted by law and survive any termination of the Terms and Conditions.
Limitations of Our Liability
WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
YOUR USE OF THE SERVICES AND THE CONTENT OF THE SITES IS AT YOUR OWN RISK. FOREGROUND HEALTH AND ITS PARTNERS HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OR RELIANCE ON ANY PRODUCT, TOOL, OR SERVICE YOU USE OR ENCOUNTER ON ANY FOREGROUND HEALTH SITES. IN PARTICULAR, BUT WITHOUT LIMITATION, YOU ARE AGREEING THAT FOREGROUND HEALTH IS NOT LIABLE UNDER ANY THEORY OF LAW FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, ANY INFORMATION OR ADVICE FOUND ON OUR SITE OR IN ANY FOREGROUND HEALTH TOOLS, DURATION OF HOSPITAL STAY, RECEIPT OF MEDICAL TREATMENTS, OR ANY ASPECT OF YOUR RELATIONSHIP WITH A PROVIDER, SPOUSE, PARTNER, OR OTHER THIRD PARTY, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE. OUR SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS AND IF YOU DO NOT AGREE TO THESE LIMITATIONS PLEASE DO NOT USE THE SERVICES. NO ADVICE OR INFORMATION YOU OBTAIN FROM US THROUGH THE SERVICES OR IN SUPPORT OF THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL FOREGROUND HEALTH OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITES; (II) THE USE OR INABILITY TO USE THE SITES; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITES; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITES OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF FOREGROUND HEALTH OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
FOREGROUND HEALTH WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, NATURAL DISASTER, OR WAR.
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OR PART-PROVISION OF THESE TERMS AND CONDITIONS SHALL BE INVALID, UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE IT SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THESE TERMS AND CONDITIONS.
The terms of this section survive any termination of the Terms and Conditions.
The Sites are controlled, operated, and administered by Foreground Health. Foreground Health makes no representation that materials on the Sites are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Sites are illegal is prohibited. You may not use the Sites or export the content or products in violation of U.S. export laws and regulations. If you access the Sites from a location outside of the United States, you are responsible for compliance with all local laws.
Notwithstanding any of these Terms and Conditions, Foreground Health reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Sites and to block or prevent future access to and use of the Sites. You agree that Foreground Health shall not be liable for any termination of your use of or access to the Sites.
Only you and Foreground Health shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.
If any provision of these Terms and Conditions, or part thereof, shall be deemed invalid, unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision, or part thereof, shall be deemed severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions or part thereof.
The terms of this section survive any termination of the Terms and Conditions.
It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.
DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
Dispute Notice. In the event of a Dispute, we encourage you to contact us at email@example.com to resolve any problems directly. You may contact us regarding any complaints or disputes.
Except as explicitly provided in these Terms, you hereby waive any right to a trial in any court in front of a jury or judge and any right to bring or participate in any “class action” suits. You agree that any dispute or claim relating in any way to your use of any FOREGROUND HEALTH Tools, any product offered or provided by or through the Sites, or otherwise arising out of or relating to these Terms that cannot be resolved directly between you and FOREGROUND HEALTH shall be resolved by non-appearance based binding arbitration. Except as otherwise provided in these Terms, this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award an individual the same damages and relief as a court and must apply and follow these Terms as a court would.
Either you or we can initiate arbitration through the alternative dispute resolution provider the American Arbitration Association (the “AAA”) pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”). The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. You and FOREGROUND HEALTH each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action.
The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms. We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or FOREGROUND HEALTH or our partners pending the completion of the arbitration.
The Terms and Conditions constitute the entire agreement between Foreground Health and you with respect to your use of the Sites, your purchase of products and services through the Sites, Google Play Store, or other App market places, and as applicable any products or services of Foreground Health. Any cause of action you may have with respect to the Sites or Foreground Health’s products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Foreground Health, and you do not have any authority to create any obligation or make any representation on Foreground Health behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Foreground Health’ written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Foreground Health and their respective successors and assigns.
The terms of this section survive any termination of the Terms and Conditions.
Jurisdiction and Complete Agreement
These Terms are governed by the laws of the State of Delaware, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Other important terms
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.