Thank you for using our products and services, including obtaining a visit with a licensed medical provider (“physician”,”clinician”), obtaining a visit with a health coach (“HC”, “Coach”), and the Clarity Website and Mobile Application (collectively, the “Services”). The Services are provided by Wild Health, Inc. (“Wild Health”).By using our Services, you (which herein shall include the end user’s legal representative or guardian, as applicable) are agreeing to these terms. PLEASE READ THESE CAREFULLY.
1. About the services
The Services include all those offered through Wild Health or any subsidiaries, including but not limited to such as CrossFit Precision Care, encompass health coaching, physician evaluation and use of Wild Health Clarity. The Clarity Platform provides end users the ability to upload, access, and store information, including medical records, send and receive messages, and access information and analysis made available through the Clarity Platform’s proprietary analysis tools.
2. Ownership of the Website and Mobile Application
3. Use of the Services; Restrictions on Use
As a condition of your use of the Services, you agree that:
•You have reached the age of majority in the state or province in which you reside;
•You are able to create a binding legal obligation;
•You are not barred from receiving products or services under applicable law;
•You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve ,index, “data mine”, or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures representation of the Services or its contents;
•You will not interfere, access, tamper with or disrupt the Services or the servers or networks connected to the Services;
•You will not attempt to probe, scan or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures;
•You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
•You will not use the Services or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
•You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity;
•You will not post, distribute or reproduce in any way any content that violates applicable law;
•You will not use, display, “frame” or “mirror” any part of the Services, our names, any of our trademarks, logos or other proprietary information, orthe layout and design of any page or form contained on a page, without prior written authorization from us;
•You will not collect or store any personal information, including personally identifiable information, from users without their express permission;
•You will not provide any inaccurate, incomplete, false or misleading information, including regarding your identity or medical condition, when using the Services;
•You will not allow any other person to use your account, username or password to access the Services, unless otherwise permitted herein;
•You will not assist or permit any person to engage in any of the activities described in this Section.
•You will not seek care when you are physically outside the United States of America.
•You will not seek care for an issue or injury arising from a Worker’s Compensation claim. At this time, Wild Health does not treat patients presenting with issues or injuries related to Workers’ Compensation as outlined by the U.S. Department of Labor.
•You will not seek care for any medical emergencies. IF YOU ARE HAVING AN EMERGENCY CALL 911 OR YOUR LOCAL EMERGENCY NUMBER.
4. Consent to Treat
By using Wild Health, you consent to be treated using remote, electronic communications including online messaging/chat, audio and/or video. You consent to other aspects of telehealth including but not limited to electronic transmission of medical records and/or personal health information PHI), photo images, genomic data, and data from remote monitoring devices, medical devices and other wearables. You agree to be cared for by a health coach and/or a physician in visits that will be conducted “remotely” (i.e. not an in person visit). You understand that there are inherent risks and benefits to virtual care that include risks of a medical provider's ability to comprehensively assess and accurately diagnose an illness, disease, or injury using digital technology and limitations in some health screening tests.
You acknowledge that although some of our health coaches have had formal medical provider training, their scope of practice at Wild Health is limited to that of a health coach facilitating each patient to develop and achieve self-determined goals related to health and wellness as described by the National Board for Health and Wellness Coaching. Coaches do not diagnose, treat, prescribe medications or interpret medical laboratory or imaging results. You understand that only a Wild Health physician can perform those activities.
You consent to genomic testing in order to guide your care, which is the study of how small differences in each individual's DNA can impact health. Wild Health at this time does not provide genetic counseling, which is the study of single gene mutations which are specifically linked to disease. When necessary a Wild Health provider will refer you to a genetic counselor that may or may not be affiliated with Wild Health.
Prior to participating in each visit, you agree to accurately provide the state you are physically located in. You acknowledge that you can have a visit only with a medical provider that is licensed in the state that you are located in AT THE TIME OF THE VISIT.
You acknowledge that the medical providers that render medical care to you through Wild Health are engaged by a physician group (P.C.) that is associated with Wild Health and therefore may have a financial interest in Wild Health.
You understand that Wild Health cannot guarantee that you are assigned to a specific health coach or physician for your care at any time and that your assigned providers may change over the course of your subscription to Wild Health.
During your care and visits you consent to the following:
- Photos, data, audio and/or video may be recorded;
- Virtual examination of you;
- Details of your medical information may be discussed with your health coach and physician using electronic technology;
- Additional medical providers or non-medical providers may join your visit to assist with care.
You may withhold or withdraw consent to Wild Health at any time without affecting your right to future care or treatment.
5. Payments and Access
Wild Health retains the right, at our sole discretion, to deny Service or use of the Services or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Services and your account accessible, the Services And/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Service access, access to your account due to circumstances both within our control (e.g.,routine maintenance) and outside of our control.
You agree to keep payment of your account up to date. You acknowledge that you have access within a 12 month period to the number of physician and health coach visits outlined in your subscription plan. Visits above this number may be charged additional fees.
You may cancel your service at any time by reaching out to your Care Coordinator in a Wild Health Clarity message.
6. Services Related Communications
You agree that Wild Health may contact you regarding the Services or any related services that you inquire about through the Website or Mobile Application. You consent to receive such communications electronically including, without limitation, appointment reminders, confirmation emails, questions about scheduling or services, health team communications, etc. . You represent that you provided an up-to-date email and/or phone number, that this is your email and/or phone number, as a client of Wild Health, and you consent to receive texts or emails about the Services you receive to the addresses and numbers provided. You represent that all information entered is your own.
Your consent to conduct actions electronically covers all interactions between you and Wild Health. If you later decide that you do not want to receive certain future communications electronically, please send an email to firstname.lastname@example.org a letter to Wild Health, 535 Wellington Way Suite 330, Lexington, KY 40504, Attn: Administration, Re: Email communication opt out. You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Wild Health. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above. Wild Health will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications– e.g., communications regarding updates to the Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by you. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you. Keep in mind that if you opt out of receiving transactional text messages from us you may not receive important and helpful information and reminders about your appointments.
(a) Marketing Communications
By providing your email and accepting our terms, you may also receive marketing-related communications from Wild Health including, without limitation, updates, offers, promotions and educational content. You may also choose to consent to marketing SMS when signing up, in which case you authorize Wild Health to send automated marketing communications to the number you provide. You understand that consent to marketing communications is not required to make a purchase. If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe option in the promotional email itself.
(b) SMS Communication Policies
Message and data rates may apply for text messages that you receive. To stop receiving text messages, text the word STOP from the mobile device receiving the message.
(c) You agree that Wild Health may send the following to you by email or by posting them on our Website and Mobile Application:
•Any other notices, policies, communications or disclosures and information related to the Services.
7. Your Account
You are responsible for updating and correcting information you have submitted to create or maintain your account. You understand and agree that Wild Health shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Services or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
8. Your Conduct
9. Your Privacy
10. Copyright & Trademarks
The Website and Mobile Application contain copyrighted material, trademarks,and other proprietary information, including, without limitation, text, software,photos, video, graphics, music, and sound, and the entire contents of the Website and Mobile Application are protected by copyright, trademark, and other intellectual property laws of the United States. Wild Health owns a copyright inthe selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish,transmit, publicly display, publicly perform, participate in the transfer or sale,create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading,copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of Wild Health. If downloading,copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
11. Medical Advice
Any written advice or analysis that may be posted on the Services is for informational purposes only and is not intended alone to replace or substitute for any medical or other advice. It is recommended that you consult with an appropriately trained and qualified medical services provider prior to enacting any suggestion that may be contained in the information available in the services. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the general information offered or provided within or through the Services that was not specifically recommended by a medical professional.
ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THE WEBSITE OR MOBILE APPLICATION DOES NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES BY WILD HEALTH UNLESS SPECIFICALLY STATED OTHERWISE.
12. Unsolicited Ideas
We do not accept or consider, directly or through any Wild Health employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions.Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them: (1) Wild Health has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and (2) Wild Health will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.
13. Infringement Reporting Procedures and Digital Millennium Copyright Act (DMCA) Procedures
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.Wild Health reserves the right to terminate your, or any third-party’s, right to use the Services if such use infringes the copyrights of another. Wild Health may, under appropriate circumstances and at its sole discretion, terminate your, or any third-parties, right to access to the Services, if Wild Health determines that you are, or a third-party is, a repeat infringer. If you believe that any material has been posted via the Services by any third-party in a way that constitutes copyright infringement, and you would like to bring it to Wild Health's Attention, you must provide Wild Health’s Infringement Agent identified below with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) identification of the copyrighted work and the location on the Website or MobileApplication of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.The contact information for Wild Health’s Infringement Agent for notice of claims of copyright infringement is:
Agent: Wild Health, Inc. Attn: Infringement Agent
Address: 535 Wellington Way Suite 330, Lexington, KY 40504, Attn: Legal
Phone: 1 859-523-4375
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WILD HEALTH OR ANY OF ITS AFFILIATES,SUPPLIERS AND OTHER THIRD PARTIES MENTIONED OR LINKED TOON THE WEBSITE AND EACH OF THEIR AFFILIATES, LICENSORS,EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF OR INABILITY TO USE THE SERVICES, OR RESULTING FROM ANY CONTENT POSTED ON THE SERVICES.TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE SERVICES ISVOLUNTARY AND SOLELY AT YOUR OWN RISK.FURTHERMORE, WE AND OUR AFFILIATES AND LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK,AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS,COMPLETENESS OR RELIABILITY OF ANY CONTENT.
The Services are intended for use only within the United States and its territories. We make no representation that the Services are appropriate, or are available for use outside the U.S. Those who choose to access and use ourServices from outside the U.S. do so on their own initiative, at their own risk,and are responsible for compliance with applicable laws.
15. Websites of Others
The Services may contain links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or regarding any use of or reliance on any content,Products, or services available on or through any such linked site or resource.
17. Force Majeure
18. Entire Agreement
19. Choice of Law
20. Force Majeure
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Agreement to Arbitrate
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at email@example.com orby regular mail to Wild Health, 535 Wellington Way Suite 330, Lexington, KY40504, Attn: Legal, Re: Arbitration opt out within thirty (30) days following the date you first accept these Terms, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii)above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in Fayette County, Kentucky and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.Further, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in thisAgreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in Fayette County,Kentucky. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association(“AAA”) in accordance with the Commercial Arbitration Rules and theSupplementary Procedures for Consumer Related Disputes (the “AAA Rules”)then in effect, except as modified by this “Dispute Resolution” section. (TheAAA Rules are available at https://www.adr.org/Rules or by calling the AAA at1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.Arbitration ProcessA party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for Demand forArbitration for California residents. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAARules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the“Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).ChangesNotwithstanding anything to the contrary in these Terms, if we change this“Dispute Resolution” section after the date you accepted these Terms or access our Services, you may reject any such change by sending us written notice(including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Effective Date” listed at the beginning of these Terms or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this
“Dispute Resolution” section as of the date you accepted these Terms, or accessed our Services.
This Arbitration and Class Action Waiver section shall survive any termination of your account or the Services.
21. Additional Disclosures
If you believe that your privacy rights have been violated, you should call the matter to our attention by sending a letter describing the cause of your concern to the same address. You will not be penalized or otherwise retaliated against for filing a complaint.