Updated September 15, 2022
These PicnicHealth Terms of Use (this “Agreement” or “Terms of Use”) set forth the terms and conditions that apply to your access and use of the website located at PicnicHealth.com (the “Site”), and the information, tools, software, features and functionality, including content, updates and new releases, located on the Site (collectively, the “Service”), as owned and operated by Mission Health Labs Inc. d/b/a PicnicHealth, a Delaware corporation (“PicnicHealth,” “we,” “our,” or “us”).
By visiting the Site or using the Service, you agree to be bound by this Agreement and PicnicHealth’s Privacy Policy, which is incorporated into this Agreement, as each may be amended from time to time (see “Modifications” below), whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Member” (which means that you have registered with the Service). The term “you” or “User” refers to a Visitor or a Member, any individuals for whom you act as a parent, guardian or other legal representative, and any other person accessing your PicnicHealth account. If you wish to become a Member and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process by clicking “I Agree.”
You may not accept this Agreement and enroll to use our Service if you are not of a legal age to form a binding contract with PicnicHealth. PicnicHealth presumes that minors who access any information through the Service are doing so with the consent of their parent, guardian or other authorized person.
If you accept this Agreement, you represent that you have the capacity to be bound by it, or if you are acting on behalf of a company or entity, that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
For information about PicnicHealth’s data protection practices, please read PicnicHealth’s Privacy Policy. This policy explains how PicnicHealth treats your personal information when you access the Site and/or use the Service.
The Service is a personal health information retrieval and management service that allows Members to consolidate certain health information (“Patient Information”) on the Site and through the Service, either for themselves or for an individual (i) for whom the User is a legal representative or (ii) who authorizes the User to access information through the Service on the individual’s behalf, and share that information with others (including family members, doctors and other third-party providers).
Patient Information may include (but is not limited to) diagnoses, lab test results, medications, vital signs, clinician notes, care summaries, imaging, pathology and other clinical reports, genetic information and test results, communications with my providers, health plan claims and care management records, cancer diagnosis or other cancer information, mental health or psychiatric records, sexual health/reproductive care, substance abuse records, and HIV/AIDS status or test results.
You acknowledge and agree that the results of this Service may not be a complete medical record, but a truncated, edited, and revised version. PicnicHealth is under no duty to maintain or review your record to ensure its accuracy and completeness. The Service is provided to you by PicnicHealth as an aid to assist you in organizing and managing your health information.
The Service is not intended to provide medical advice or treatment. The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by PicnicHealth. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by PicnicHealth, or in connection with any communications supported by PicnicHealth, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
If you request that we share information with a family member, doctor, or other third-party, PicnicHealth will contact such family member, doctor, or other third-party by the method you request with information on how to access your Patient Information. These methods include (but are not limited to) e-mail, text messaging, fax, and phone.
PicnicHealth reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with applicable law and our internal record retention or destruction policies.
With the Service, Members may direct PicnicHealth to retrieve their own Patient Information maintained by third-party providers with which they have patient relationships, payors, on third-party sites, including health information exchanges, and/or contractors to any such entities (collectively, “Disclosing Entities”). Disclosing Entities may include (but are not limited to) hospitals, medical facilities, pharmacies, pharmacy benefit managers, laboratories, insurance companies, or any other organization that holds health information about you. Members may link directly to on-line accounts with Disclosing Entities or fill out and sign Health Insurance Portability and Accountability Act release authorization forms (“HIPAA Forms”) and direct PicnicHealth to send such authorization to Disclosing Entities so that PicnicHealth may receive such Patient Information in paper or electronic form and upload such Patient Information to your account.
PicnicHealth may review the Patient Information received from Disclosing Entities to normalize and label data for display, but PicnicHealth is not responsible for any errors in the Patient Information resulting from such review process. PicnicHealth makes no effort to review the Patient Information for any other purpose, including but not limited to accuracy, legality or non-infringement. PicnicHealth is not responsible for any Patient Information provided by Disclosing Entities or their patient portal sites. If you have a question regarding the content, completeness, or accuracy of your curated medical record, you must contact your applicable health care provider, as PicnicHealth is unable to modify a provider’s records.
By becoming a Member and linking to Disclosing Entity accounts online or executing a HIPAA Form, you acknowledge that you are requesting PicnicHealth to obtain your Patient Information and to communicate with Disclosing Entities concerning your Patient Information. The requested Patient Information may contain information that you previously asked the Disclosing Entity to withhold from further disclosure. Disclosing Entities may receive compensation for services related to providing Patient Information to PicnicHealth.
You acknowledge that there may be delays in record request processing from Disclosing Entities. PicnicHealth may be unable to obtain some or all of your Patient Information and cannot guarantee or assume responsibility for the completeness, timeliness, accuracy, relevance, deletion or non-delivery of any Patient Information. PicnicHealth is not responsible for the way in which data is displayed on the Site or through the Service. By way of example, if two Disclosing Entities use different reference ranges for Patient Information, then PicnicHealth may display both those data points on the same graph using the more commonly used reference range.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID, allows you to access the Service. That Login ID and password, together with any phone number or other contact information you provide, form your “Registration Information.” You understand that PicnicHealth takes no responsibility for and disclaims any and all liability or consequential damages arising from a breach of your Patient Information confidentiality resulting from sharing or losing your Registration Information. If you become aware of any unauthorized use of your Registration Information, or if you become aware of any other security concerns, you agree to notify PicnicHealth immediately at the e-mail address - [email protected].
Your right to access and use the Site and the Service is personal to you and is not transferable by you to any other person or entity. You may access and use the Site and the Service for your own purposes or for those of an individual for whom you are the parent, guardian, or legal representative, or for an individual who has authorized your access to the Service on their behalf. You are only entitled to access and use the Site for lawful purposes. Your access to the Site may be revoked by PicnicHealth at any time with or without cause.
Accurate information enables PicnicHealth to provide the Service to you. You must provide true, accurate, current and complete information and may not misrepresent information (i) in your Registration Information, (ii) about your family members or Disclosing Entities, (iii) about your Patient Information maintained by Disclosing Entities, (iv) on the HIPAA Form, and/or (v) in any PicnicHealth onboarding questionnaires, documents, or other forms. In order for the Service to function effectively, you must also keep such information listed above up-to-date and accurate. If you do not do this, the accuracy and effectiveness of the Service will be affected. Even if you fill out and execute a HIPAA Form or provide accurate and updated Registration Information and other information listed above in this paragraph, there is no guarantee that PicnicHealth will be able to provide complete Patient Information to you, since the completeness of the retrieval process is dependent upon the Disclosing Entities.
Your access and use of the Site and the Service may be interrupted from time to time for any of several reasons, including, without limitation, unanticipated system failures, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions beyond the control of PicnicHealth or that PicnicHealth, in its sole discretion, may elect to take. PicnicHealth cannot always foresee or anticipate technical or other difficulties which may result in, and PicnicHealth shall therefore not be responsible or liable for, any (i) failure to obtain Patient Information, (ii) loss of Patient Information or personalization settings or (iii) other service interruptions.
You agree that PicnicHealth may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant PicnicHealth a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback, suggestions and ideas you provide to PicnicHealth in any way. PicnicHealth will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
Use of the Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications providers. PICNICHEALTH MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (I) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICE AT ANY TIME OR FROM ANY LOCATION; (II) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (III) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICE.
By providing your cell phone number to PicnicHealth, you are agreeing to be contacted by or on behalf of PicnicHealth at the telephone number provided, including text (SMS) messages to your cell phone and other wireless devices, and the use of an automatic telephone dialing system, artificial voice and prerecorded messages, to provide you with informational, marketing, and promotional materials relating to PicnicHealth’s products and services. You may opt-out of receiving text (SMS) messages from PicnicHealth at any time by replying with the word STOP from the mobile device receiving the messages. You need not provide this consent in order to purchase any products or services from PicnicHealth. However, you acknowledge that opting out of receiving text (SMS) messages may impact your experience with the service(s) that rely on communications via text (SMS) messaging.
When you use the Site or Service, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. You consent to receive communications from us electronically. By providing your e-mail address and phone number to PicnicHealth, you expressly authorize PicnicHealth to contact you via e-mail or phone from time to time regarding (i) completing the process for registering for an account, (ii) certain changes made to your PicnicHealth account, such as a change in your Registration Information, (iii) updates to your Patient Information, (iv) questions related to retrieving your Patient Information, (vi) customer service matters and/or (vi) to let you know of changes to the Service. E-mails will be sent to the e-mail address you have provided as your primary e-mail address for the Service. If your e-mail address or your phone number changes, you are responsible for informing PicnicHealth of that change. E-mails to you may include your Login ID, general information about your account, and/or certain details regarding one of your doctor visits, including, but not limited to, (i) the name of a doctor, (ii) the specialty or practice name of a doctor, (iii) the name of the procedure conducted at such visit or the type of exam and/or (iv) appointment dates. Notices and other communications will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our Site, accessible through any standard, commercially available internet browser.
By submitting a HIPAA form, information, data, passwords, usernames, other log-in information, materials and/or other content (collectively, the “Content”) to PicnicHealth through the Site and/or the Service, you are agreeing and acknowledging that PicnicHealth may use that Content for the purpose of providing the Service. PicnicHealth may use and store the Content in order to provide the Service to you, provided that such use and storage will be in accordance with the Privacy Policy. By submitting this Content to PicnicHealth, you represent that you are entitled to submit it to PicnicHealth for use for this purpose, without any obligation by PicnicHealth to pay any fees or other limitations.
By using the Service, you expressly authorize PicnicHealth to access your Patient Information maintained by identified Disclosing Entities, on your behalf.
When you fill out and sign a HIPAA Form and submit it to PicnicHealth, you authorize PicnicHealth to send your HIPAA Form via fax, e-mail, or mail to the Disclosing Entities. You hereby authorize and permit PicnicHealth to use and store information submitted by you to the Service (such as HIPAA Forms, account passwords and usernames) to accomplish the foregoing, including submitting your HIPAA Form to the Disclosing Entities, and to configure the Service so that it is compatible with the third-party sites for which you submit login information. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
The Service and the contents of the Site, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws, and are and shall remain the exclusive property of PicnicHealth and its licensors. Subject to your compliance with this Agreement, PicnicHealth and its licensors provide you with a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service and the Site. The Service and all content on the Site, remain the property of PicnicHealth or its licensors and we do not transfer title to any portion of the Service to you. Any code or software code that PicnicHealth creates, generates or displays in the Service is also protected and you may not copy or adapt such code.
It is PicnicHealth’s policy to terminate the access of any User who repeatedly infringes copyright upon prompt notification to PicnicHealth by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and used on the Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Service of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for PicnicHealth’s Copyright Agent for notice of claims of copyright infringement is as follows: Anthony W. Raymundo, Lowenstein Sandler LLP, 390 Lytton Avenue, Palo Alto, CA 94301.
You agree that you will not:
post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site or the Service;
attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or the Service;
solicit login information, Login IDs or personal information of another person, or access an account, belonging to someone else;
copy the Service or any part thereof;
use the Service for any commercial purpose;
use the Service for the purpose of gathering information to file a legal claim against a third-party;
attempt to breach any security or authentication measures of the Site or the Service;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by PicnicHealth or any other third party to protect the Service or the Site;
interfere or attempt to interfere with other Users’ or Members’ use of the Site or Services, respectively;
defame, abuse, stalk, threaten, intimidate, harass or otherwise violate the legal rights of any User, Member or employee, staff or agent of PicnicHealth;
do anything that could disable, damage, tamper with, impair or otherwise cause interruptions to the proper working of the Service;
use any robot, spider, scraper or other automated means to access, data-mine, data-crawl, scrap or index the Service in any manner;
provide any false personal information in your account, impersonate any person or entity, create more than one account, transfer your account or create an account for anyone other than yourself;
frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of PicnicHealth without our express written consent;
do anything that is harmful, threatening, abusive, libelous, illegal, infringing, fraudulent, malicious or could expose PicnicHealth or Users or Members to harm or liability, or that might invade another’s right or privacy; or
facilitate or encourage any violations of this Agreement.
Members participating in research receive the Service at no cost.
Prices of the Service are subject to change at any time, but changes will not affect any order that you have already placed. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of our Service. We will collect applicable Taxes if we determine we have a duty to collect Taxes.
Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes). In connection with any purchase you make through the Service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number, expiration date, and security code, your billing address, your phone number, and/or your e-mail address. By submitting such information, you grant PicnicHealth without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies) for the purpose of facilitating the transaction.
All credit card, debit card and other monetary transactions on or through the Service occur through an online payment processing application accessible through the Service. This online payment processing application is provided by PicnicHealth’s third-party online payment processing vendor, Stripe (“Stripe”). Additional information about Stripe, its privacy policy and its information security measures (collectively, the “Stripe Policies”) should be available on the Stripe website located at https://stripe.com/us/privacy or by contacting Stripe directly. Reference is made to the Stripe Policies for informational purposes only and the Stripe Policies are in no way incorporated into or made a part of this Agreement. PicnicHealth’s relationship with Stripe is merely contractual in nature, as Stripe nothing more than a third-party vendor to PicnicHealth, and is in no way subject to PicnicHealth’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
THE CONTENT AND ALL SERVICES ON THE SITE OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. PICNICHEALTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PATIENT INFORMATION, CONTENT OR OPERATION OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
PICNICHEALTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE PATIENT INFORMATION, CONTENT ON THE SITE OR OF THE SERVICE, OR THE CONTENT OF ANY THIRD-PARTY SITES LINKED TO THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. PICNICHEALTH MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE PATIENT INFORMATION OR CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, AND PICNICHEALTH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PATIENT INFORMATION STORED THEREIN.
PICNICHEALTH MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY OTHER WEBSITE THAT YOU MAY ACCESS THROUGH THIS SITE. WHEN YOU ACCESS A NON-PICNICHEALTH SITE, PLEASE UNDERSTAND THAT IT IS INDEPENDENT FROM PICNICHEALTH, AND THAT PICNICHEALTH HAS NO CONTROL OVER THE CONTENT ON THAT WEBSITE. IN ADDITION, A LINK TO A NON-PICNICHEALTH WEBSITE DOES NOT MEAN THAT PICNICHEALTH ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT, OR THE USE, OF THE LINKED SITE. IT IS UP TO YOU TO TAKE PRECAUTIONS TO ENSURE THAT WHATEVER YOU SELECT FOR YOUR USE OR DOWNLOAD IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES, AND OTHER ITEMS OF A DESTRUCTIVE NATURE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY SITES LINKED TO THIS SITE, YOU DO THIS ENTIRELY AT YOUR OWN RISK.
PICNICHEALTH SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM THE SITE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF PICNICHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICE, OR LINKED WEBSITES IS TO STOP USING THE SITE OR THE SERVICE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF PICNICHEALTH TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
You shall defend, indemnify and hold harmless PicnicHealth and its officers, directors, shareholders, agents and employees, from and against any and all claims, demands, losses, liabilities, costs and expenses, including but not limited to costs of investigation and attorneys’ fees, in whole or in part arising out of or attributable to (i) any breach of this Agreement by you, (ii) your use or inability to use the Site and the Service, (iii) any Content submitted by you or (iv) your violation of applicable laws. PicnicHealth reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of PicnicHealth.
If you want to terminate your account with PicnicHealth, you may do so by closing your account for the Service by contacting [email protected].
PicnicHealth may at any time, suspend or terminate your account:
if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
if PicnicHealth in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
immediately upon notice to the e-mail address provided by you as part of your Registration Information.
All sections which by their nature should survive the termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the termination of this Agreement.
PicnicHealth may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Site or the Service after those changes are posted.
This Agreement, and your relationship with PicnicHealth under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Jurisdiction for any dispute with PicnicHealth, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall lie exclusively with the state or federal courts within the county of San Francisco, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case PicnicHealth may seek such relief in any court with jurisdiction over the parties.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. You and PicnicHealth agree that any cause of action arising out of or related to the Site or the Service or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You understand that, in return for agreement to this provision, PicnicHealth is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.
If the arbitration terms and conditions of this Agreement are found to be unenforceable, then (i) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect, and (ii) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for San Francisco, CA.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: the Service and the Site are provided by Mission Health Labs, Inc. at 850 Folsom Street, San Francisco, CA 94107. If you have a question or complaint regarding the Service or the Site, please contact customer service at [email protected]. You may also contact us by writing to Taylor Mahan-Rudolph at 850 Folsom Street, San Francisco, CA 94107. California users may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
PicnicHealth makes no claims that the Service may be lawfully viewed, downloaded, or accessed outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. When you access the Service outside of the United States, you acknowledge and agree that information you provide may be transferred to a jurisdiction other than your country of residence.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if PicnicHealth does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which PicnicHealth has the benefit of under any applicable law), this will not be taken to be a formal waiver of PicnicHealth’s rights and that those rights or remedies will still be available to PicnicHealth.
This Agreement represents the entire understanding and agreement between you and PicnicHealth regarding the subject matter of the same, and supersedes all other previous agreements.
You may not assign or transfer this Agreement, by operation of law or otherwise, without PicnicHealth’s prior written consent. Any attempt by you to assign or transfer this Agreement without such consent will be null and of no effect. PicnicHealth may assign or transfer this Agreement, in its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
If there are any questions regarding PicnicHealth or this Agreement, please contact PicnicHealth at:
Mission Health Labs, Inc.
850 Folsom Street
San Francisco, CA 94107
E-mail: [email protected]
Phone: (415) 801-0572
