These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise. Notwithstanding that users will be expressly asked to signify their agreement to these Terms of Service by “clicking to agree” (or some other similar action) in connection with the creation of an account (the foregoing as the “Clickwrap Action”), these Terms of Service are binding upon all users of the Services, even those who have not taken the Clickwrap Action.
Our Site and Services are not for medical emergencies or urgent situations. Call 911 immediately if you believe you are experiencing an emergency.
YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
By using the Site and any Services, you acknowledge the potential risks that may be associated with telehealth, including without limitation: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
If you make any financial transaction through or with the Services, including, without limitation, the purchase of goods or services, whether provided by Ruth Health or any third party, you will pay to Ruth Health the amounts listed by Ruth Health in connection with such applicable transaction, including all fees, taxes and other charges in connection therewith. Ruth Health may provide additional provisions pertaining to such financial transactions, including pertaining to method and timing of payment (“Payment Terms”).
You agree to be bound by, and will comply with, all Payment Terms. In connections with payments made to, through or otherwise handled by Ruth Health, Ruth Health may utilize the services of a third party service (the “Payment Provider”). You may be required to enter into an agreement with the Payment Provider. Ruth Health is not responsible for the Payment Provider and, for the purposes of this Agreement, the Payment Provider is deemed a Third Party Site.
Ruth Health may charge you certain fees in connection with your creation, use or exploitation of your account, including any transactions made through your account. You agree to be bound by, and will comply with, all Payment Terms provided by Ruth Health in connection with your Account. You acknowledge and agree that failure to strictly comply with the Payment Terms provided by Ruth Health in connection with your Account may result in suspension or termination of your account or you being banned from access to or use of the Services. c. Collection and Interest. Ruth Health may charge you late fees for amounts not paid by their due date. Such late fees will be the lesser of one and a half percent per month (1.5%) and the highest interest rate allowable under applicable law. You agree to, and will, pay Ruth Health its reasonable costs of collection (and other related expenses) in connection with any amounts you owe to Ruth Health. Ruth Health may refer debts to collections agencies as determined within its sole discretion. d. Card Authorization. By making payments to Ruth Health or through the Services, you certify that you are the owner of the debit card, credit card (or other payment card), or bank account (each a “Card”) that you submit to Ruth Health for all such purchases. You are solely responsible for all activity and purchases on your account relating to the Services. You hereby authorize Ruth Health to initiate charges to your Card for all charges you place through the Services or your Account, including any auto-ship orders, and any applicable sales tax, shipping and handling charges. This authorization will remain in effect, unless Ruth Health receives a written notice from you stating that such authorization is terminated. Such termination will be effectuated within reasonable time thereafter (as judged within the reasonable discretion of Ruth Health) as would allow your financial institution and Ruth Health a reasonable opportunity to terminate such authorization.
You expressly agree that Ruth Health shall not be liable for any overdraft or insufficient funds charges, such as finance charges and late fees, that are caused by your failure to maintain sufficient funds to pay Ruth Health (or any third party) for your purchases and charges hereunder or otherwise through the Services. If there are insufficient funds associated with your card, or if any transaction is rejected, it may result in Ruth Health charging you service fees and/or interest in connection therewith.
The Services are not intended to be used by persons under Ruth Health years of Age. You represent and warrant that you are at least 13 years of age. If you are under age Ruth Health, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria of the Services at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you. You may not access the Services where these Terms of Service or use of the Services is prohibited, or to the extent the offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Ruth Health does not itself provide physicians’ or other healthcare providers’ (collectively, “Providers”). The Providers are independent of Ruth Health and simply using the Services to communicate with you. Any information or advice you may receive from a Provider comes from the Provider, not from Ruth Health. Your interactions with the Providers via the Services are not intended to replace your relationships with any of your regular health care practitioners.
Neither Ruth Health nor any of its suppliers or licensors or third parties who promote the Services or provide links to the Services will be liable for any professional advice or information obtained by you from a Provider through the Service. You acknowledge that your reliance on any information provided by the Providers or on the Services is at your own risk and you assume full responsibility for all associated risk.
Ruth Health does not make any representations or warranties about the training or skill of any Providers using the Services. You are ultimately responsible for choosing your particular Provider on the Services.
By using the Site, you certify that you are physically located in the State you entered as your present location on the Services. Your ability to access and use the Services is conditioned upon the veracity of your certification, and the Providers are relying upon this certification in order to interact with you on the Services. You agree to indemnify Ruth Health and the Providers you chose to interact with from any resulting, claims, damages, or costs, in the event your certification is inaccurate.
You further certify that you are not a Medicare or Medicaid beneficiary. Ruth Health reserves the right to terminate all Services if you provide false or deceptive information regarding your Medicare or Medicaid enrollment status.
Ruth Health is not an insurer and does not offer insurance products.
Ruth Health is not a pharmacy and does not fill prescriptions. If a Provider writes a prescription for you, you may fill the prescription at a pharmacy of your choice. You agree that any prescriptions you receive from a Provider will be solely for your personal use. You agree to fully read all relevant prescription product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
PRIVACY AND SECURITY
ACCOUNT INFORMATION, USERNAME AND PASSWORD
You represent and warrant that you are at least eighteen (18) years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to access and use the Site and the Services.
When you register for this Site, you will be asked to set up an account and provide an email address and password, as well as other information. You must provide an appropriate and accurate email address and password to access your account information. In order to protect your personal information, you should not provide your account information or password to others. If you register to use this Site, you are responsible for the confidentiality of your account information and password, and ensuring that nobody else accesses or uses your account. By registering to use this Site, you accept responsibility for all activities that occur through or using your account or password. You may only access and use account information that is part of your personal, individual account, and you may not use, download, copy or otherwise exploit the account or account information any other individual, nor use your account for the benefit of another individual or entity. Ruth Health reserves the right to terminate accounts, to refuse registration and to edit or delete content in its sole discretion.
Whenever you submit, upload, or transmit any health information, medical history, conditions, symptoms, personal information, consent forms, agreements, requests, comments, files, images, videos, or other materials to the System (“User Information”), you represent and warrant that you have the legal right and authorization to provide any User Information to use the Services.
Ruth Health is not a medical organization or a provider and our personnel cannot give you medical advice or diagnosis. Nothing contained on the Site is or should be construed as advice or diagnosis. Any information or reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician.
You may not use or access this Site, nor use any content from or related to this Site, in any manner that is illegal, inaccurate, dangerous, derogatory, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property, or otherwise harmful to third parties. In addition, you may not use this Site or any of its content (including, without limitation, intellectual property and trademarks) in a manner that could portray Ruth Health, its affiliates, brands, products or services in a misleading, false, negative, derogatory or otherwise offensive manner. In addition, you may not use this Site, nor any of its content, to communicate or transmit: any viruses, trojan horses, worms, harmful or damaging computer code (“Viruses”); political campaign messages; solicitation; promotion of goods, services or opportunities; chain letters; “spam” (unsolicited commercial communications); or any other type of mass or commercial communications. You may not use a false email or physical address, impersonate any person or entity, or otherwise mislead us or third parties as to your identity, nor the origin of any Submission (defined below). All use of Ruth Health’s trademarks is subject to “Intellectual Property Rights” above
Access and use of Ruth Health’s Site or Services is exclusively for users located within the United States. Ruth Health is subject to state and federal regulations, and the Site or the Services may not be available in your state. Accessing the Site and obtaining the Services from jurisdictions where we do not offer such Services is prohibited.
INTELLECTUAL PROPERTY RIGHTS
All content of this Site including, without limitation, all trademarks, service marks, tag lines or slogans, logos, names, text, copyrightable subject matter, images, graphics, designs, software, music, sound, video, audio-visual recordings, data and products belong exclusively to Ruth Health or its suppliers, vendors, service providers or its licensors (collectively, such third parties, Ruth Health’s “vendors”), and is protected by United States and international intellectual property laws. The selection, coordination, arrangement, and enhancement of all content on this Site, as well as any content original to Ruth Health, is owned exclusively by Ruthless Co and is protected by United States and international copyright laws. All rights are reserved by Ruthless Co.
PROMOTIONS AND GIVEAWAYS
Promotions and Giveaways. From time to time, we may offer sweepstakes, promotions or giveaways. Each promotion or giveaway will have its own rules that will disclose what information is gathered, how that information is used, and who that information is shared with. You must review and agree to be bound by such applicable information and rules prior to engaging with each sweepstakes, promotion or giveaway.
You may not use any cookies, meta tags or other metadata, or other forms of hidden text or code that include Ruth Health’s intellectual property without the express prior written permission of Ruth Health and, without limiting the foregoing, you may not use of Ruth Health’s trademarks, service marks, tag lines or slogans, logos or names in any manner may cause confusion among consumers, nor in any manner without the express prior written consent of Ruth Health. All trademarks that appear on this Site that are not owned by Ruth Health are the property of their respective owners. You may not use any trademarks, copyrights or other intellectual property owned by Ruth Health in any negative or malicious way or to advertise products or services we do not sell.
VENDOR SOFTWARE AND SYSTEMS
In addition, certain elements of the Site are operated or use software from Ruth Health’s vendors pursuant to contractual agreements with Ruth Health. Such vendors are not affiliates and have no relationship other than through these commercial arrangements.
COPYRIGHT COMPLAINTS/NOTICES OF COPYRIGHT INFRINGEMENT
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Ruth Health’s designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that Site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material: (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
All DMCA notices should be sent to our designated agent as follows: firstname.lastname@example.org
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
RESERVATION OF RIGHTS
DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOU UNDERSTAND THAT NEITHER RUTH HEALTH NOR ITS VENDORS CAN AND DO NOT PROMISE, GUARANTEE OR WARRANT THAT FILES YOU DOWNLOAD THROUGH THE INTERNET, INCLUDING FROM THIS SITE, WILL BE FREE FROM VIRUSES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARDS FOR YOURSELF. NEITHER RUTH HEALTH NOR ITS VENDORS ASSUMES ANY RESPONSIBILITY FOR YOUR USE OF THE INTERNET OR THIS SITE. YOU ASSUME THE ENTIRE RISK AND COST OF ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THIS SITE OR ITS CONTENT.
NEITHER RUTH HEALTH NOR ANY OF ITS VENDORS MAKES ANY, AND EACH HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NEITHER RUTH HEALTH NOR ANY OF ITS VENDORS REPRESENTS OR WARRANTS: THAT THIS SITE, NOR YOUR USE OF THIS SITE, WILL BE SECURE, TIMELY UNINTERRUPTED OR ERROR-FREE; THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT DEFECTS WILL BE CORRECTED; NOR THAT THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES. NEITHER RUTH HEALTH NOR ANY OF ITS VENDORS MAKES ANY REPRESENTATION OR WARRANTY REGARDING ANY USE OF THIS SITE OR ITS CONTENT, NOR ITS ACCURACY, RELIABILITY OR COMPLETENESS, INCLUDING ANY INACCURACIES DUE TO TYPOGRAPHICAL OR TECHNICAL ERRORS OR INACCURACIES.
RUTH HEALTH PROVIDES THE SITES AND THE SERVICES AND ALL OTHER APPLICATIONS ON THE SITE AS A FORUM ONLY. RUTH HEALTH IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS, OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM ON THE SITES OR ANY THIRD-PARTY SITE, INCLUDING WITHOUT LIMITATION THROUGH THE SERVICES. ANY CONTENT, IF DISPLAYED, IS DISPLAYED FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY. MORE GENERALLY, CONTENT POSTED VIA OR ON THE SITES BY ANY THIRD-PARTY OR PROVIDER, INCLUDING THROUGH THE SERVICES, IS NOT CONTROLLED BY RUTH HEALTH. RUTH HEALTH DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT. YOU UNDERSTAND THAT BY USING THE SERVICES, YOU MAY BE EXPOSED TO CONTENT THAT MAY BE OFFENSIVE, INDECENT OR OBJECTIONABLE AND RUTH HEALTH SHALL NOT BE LIABLE FOR ANY SUCH CONTENT AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. UNDER NO CIRCUMSTANCES WILL RUTH HEALTH BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, FOR (I) ANY ERRORS OR OMISSIONS IN ANY CONTENT; OR (II) ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR PROPERTY DAMAGE) OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA OR TO THE SITES OR THROUGH THE SERVICES.
RUTH HEALTH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON SOME OR ALL IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR MAY LIMIT SUCH LIMITATIONS OR EXCLUSIONS. SOLELY TO THE EXTENT OF THE MINIMUM APPLICABILITY OF SUCH LAWS TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT RUTH HEALTH IS NOT ENGAGED IN THE PRACTICE OF MEDICINE. RUTH HEALTH ITS LICENSORS, SUPPLIERS, AND ALL THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RESULTING FROM THE DELIVERY OF HEALTHCARE VIA THE SERVICE, INCLUDING BUT NOT LIMITED TO LIABILITY FOR MEDICAL MALPRACTICE.
Termination. a. We may terminate your access (including any Access Right granted hereunder) to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You acknowledge and agree that notice is not required for any such termination to be effective. To the extent Ruth Health voluntarily desires to provide notice to you, you acknowledge that if the information you have provided to us for notice purposes is inaccurate, or if you have not provided notice information to us, or if Ruth Health ceases operating a part or a whole, we reserve the right to remove and/or disable access to Content, decline to restore the Content and/or access to it, or suspend and/or terminate your account if we have a good-faith belief that the Content violates these Terms of Service. See our DMCA Copyright Policy. b. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid to Ruth Health are non-refundable.
CHOICE OF LAW/ FORUM SELECTION
To obtain information about or to make a claim concerning performance of a warranty obligation you must contact Ruth Health by mail at the following address: Ruthless Co, [ADRESS] or ***@ruthhealth.com.