Welcome, and thank you for your interest in HealthBanc (“MyHealthBanc”, “we,” or “us”) and our Web site at www.healthbanc.com (our “Site”), as well as all related Web sites, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications and applications “apps”), and other services provided by us and on which a link to these Terms of Service is displayed (collectively, and together with the Site, our “Service”). These Terms of Service are a legally binding contract between you and MyHealthBanc regarding your use of the Service.
These Terms provide that all disputes between you and MyHealthBanc will be resolved by BINDING ARBITRATION. BY ACCEPTING THESE TERMS, YOU AGREE TO GIVE UP YOUR RIGHT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT IN A COURT OF LAW (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review Section 22 below for the details regarding your agreement to arbitrate any disputes with MyHealthBanc.
1. MyHealthBanc Service
1.1 MyHealthBanc provides you with the opportunity to earn loyalty points (“Loyalty Points”) for healthcare services or merchandise purchased from a healthcare provider or merchant, as applicable (a “Provider”) participating in MyHealthBanc’s loyalty program (the “Loyalty Platform”). You may also earn points from time to time via other activities as deemed appropriate by Healthbanc. You can then redeem accumulated Loyalty Points for future healthcare services or merchandise from any Provider as approved by Healthbanc. MyHealthBanc does not endorse, is not affiliated with, and makes no representation or warranty with respect to any Provider.
1.2 The Service may provide information, but does not provide medical advice, diagnoses, or treatment. The Service may provide helpful health-related information, but it is not intended to substitute for professional advice, diagnoses, or treatment, or your judgment. We do not recommend or endorse any provider of health care or health-related products, tests, opinions, procedures, items, or services. You acknowledge that all of the information and content on the Service is provided “as is” for educational and informational purposes only. You assume full risk and responsibility for the use of or reliance on information you obtain from or through the Service.
1.3 If you have a medical emergency do NOT use and rely on Healthbanc for any medical emergency situation. Please see your local medical emergency service provider for the appropriate contact details.
1.4 Your use of the Service does not create a patient or client relationship with MyHealthBanc. You should consult with qualified health professionals who are familiar with your individual medical needs concerning your specific medical issues. Never disregard professional advice or delay in seeking it because of information you read on the Service. For example, do not make medical choices based on whether a healthcare provider participates on the Loyalty Platform or a health-related purchase will result in earning Loyalty Points.
1.5 Appointment Bookings
You may via Healthbanc request appointment bookings from the approved providers in the Healthbanc network (those designated by a green pin). Healthbanc does not guarantee the validity of these appointments even if the provider has positively replied to your request. In some cases your request may not be answered at all.
IF YOUR APPOINTMENT IS AN EMERGENCY OF ANY SORT DO NOT USE THE HEALTHBANC BOOKING SERVICE.
Services Description: The Services are offered as a platform to users of the Services, which may include Campaign Organizers and Donors (each defined herein), entrants to Promotions (defined below) and other registered and unregistered users of the Services (which may include users who simply "like" or "heart" Campaigns or otherwise interact with the Platform or Services). Among other features, the Services are designed to allow a user (a "Campaign Organizer") to post a fundraising campaign ("Campaign") to the Platform to accept monetary donations ("Donations") from those registered users wishing to contribute funds to the Campaign ("Donors"). For purposes hereof, the term "Campaign Organizer" shall also be deemed to include any individual(s) designated as a beneficiary of a Campaign. Although there are no fees to set up a Campaign, industry-standard payment processing fees apply to each Donation. To learn more about the Healthbanc Platform and applicable payment processing fees, visit https://www.healthbanc.com.
The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. Healthbanc facilitates the Donation transaction between Campaign Organizers and Donors, but is not a party to any agreement between a Campaign Organizer and a Donor, or between any user and a Charity. Healthbanc is not a broker, agent, financial institution, creditor or insurer for any user. Healthbanc has no control over the conduct of, or any information provided by, a Campaign Organizer, a Charity or any other user, and Healthbanc hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
All information and content provided by Healthbanc through the Services is for informational purposes only, and Healthbanc does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Campaigns, Charities, Donations, Donors, users or any products, services, information or content relating to the Services, you should consult your financial, legal, tax advisers or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
Healthbanc does not guarantee that a Campaign or a Charity will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Campaign Organizer, or Charity, and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign, Campaign Organizer, or Charity.
All Donations are at your own risk. When you make a Donation to a Campaign or Charity, or otherwise through the Services, it is your responsibility to understand how your money will be used. Healthbanc is not responsible for any offers, promises, rewards or promotions made or offered by Charities, Campaigns or Campaign Organizers. We do not and cannot verify the information that Campaign Organizers supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Campaign Organizer or Charity. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Campaign Organizer or Charity, as applicable. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Campaign Organizer or Charity is not raising or using the funds for their stated purpose, please email firstname.lastname@example.org
You, as a Campaign Organizer, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide; (iii) you will comply all relevant and applicable laws and regulations when you solicit funds, including, but not limited to, laws relating to your financial reporting obligations, marketing and solicitation for your project; (iv) you will comply with all relevant and applicable financial reporting obligations, including but not limited to laws and regulations relating to tax reporting, political contributions, and asset disclosures for your project; and (v) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize Healthbanc, and Healthbanc reserves the right to, provide information relating to your Campaign to donors and beneficiaries of your Campaign or law enforcement or to assist in any investigation.
Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Healthbanc of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. Healthbanc will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Services: Healthbanc reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). We will endeavor to give you notice of any such modification, suspension or discontinuance. You agree that, to the extent permitted by law, GoFundMe will not be liable to you for any modification, suspension or discontinuance of the Services in accordance with these Terms of Service.
General Practices Regarding Use and Storage: You acknowledge that Healthbanc may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Healthbanc‘s servers on your behalf. You agree that Healthbanc has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that Healthbanc reserves the right to terminate accounts or Campaigns that are inactive for an extended period of time, provided that Healthbanc will use its commercially reasonable efforts to provide a Campaign Organizer with reasonable notice before terminating an inactive Campaign having a positive balance of Donations. You further acknowledge that Healthbanc reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you notice of any such change where required by applicable law.
Mobile Services: The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Healthbanc and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your Healthbanc account information to ensure that your messages are not sent to the person that acquires your old number.
User Conduct: You are solely responsible for all Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or transmit or otherwise use via the Services. If you are not the beneficiary of the Campaign you organize, you agree to deliver funds to the ultimate beneficiary directly and as soon as possible. You agree to fully cooperate with any request by Healthbanc for evidence it deems in its sole discretion is appropriate to verify your compliance with these Terms of Service.
The following are examples of the kind of content and/or use that is illegal or prohibited by Healthbanc. However, this list is not exhaustive and Healthbanc reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and applicable international agencies, and take appropriate action against anyone who, in Healthbanc sole discretion, violates any of the terms or spirit of these Terms of Service (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any such Campaign, freezing or placing a hold on donated funds when Healthbanc reasonably believes it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking appropriate legal action including seeking restitution on behalf of itself and/or its users. Without limiting the foregoing, you agree to not use the Services to:
to raise funds in connection with any of the following activities or items, including by establishing or contributing to any Campaign with the implicit or express purpose relating to any of the following:
any activity that violates any law or governmental regulation industry requirements, or third-party guidelines or agreements to which you are a party, including from payment card providers and payment processors that you utilize in connection with the Services;
any election campaigns in the United States or, if internationally, any election campaigns that are not run by a registered organization within the supported country;
content or campaigns that are fraudulent, misleading, inaccurate, dishonest, impossible or imitating any other person or fundraising campaign (whether on the Platform or not);
illegal drugs, narcotics, steroids, controlled substances, pharmaceuticals or other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body, legal substances that provide the same effect as an illegal drug or other products that present a risk to consumer safety or any related equipment or paraphernalia;
knives, explosives, ammunition, firearms, or other weaponry or accessories;
annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes;
campaigns deemed by Healthbanc, in its sole discretion, to be in support of, or for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
pornography or other sexual content;
offensive, graphic, perverse or sensitive content;
offering monetary rewards, including gift cards;
transactions for the sale of items before the seller has control or possession of the item;
collection of payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on campaigns or an attempt to bypass or otherwise circumvent the designated method of payment as provided by Healthbanc;
credit repair or debt settlement services;
to receive or grant cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Campaign;
publication or removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm;
sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value;
aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
unauthorized sale or resale of brand name or designer products or services;
sale of goods or services that are illegally imported or exported;
processing where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
collecting or providing funds for any purpose other than as described in a Campaign description;
any other activity that Healthbanc may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
any other activity that Healthbanc may deem in its sole discretion to be unacceptable.
to transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (vi) in the sole judgment of GoFundMe, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Healthbanc or its users to any harm or liability of any type; or
to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
to harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.
to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor.
Additionally, with respect to all Donations you make or accept through the Services, you agree:
not to make or accept any donations that you know or suspect to be erroneous, suspicious or fraudulent;
not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by Healthbanc from time to time;
to maintain a copy of all electronic and other records related to Campaigns and Donations as necessary for Healthbanc to verify compliance with these Terms of Service, and make such records available to Healthbanc upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
at Healthbanc’s request, including without limitation in case of investigations by Healthbanc, a payment processing partner, or a regulatory or governmental authority, fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
Healthbanc reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate the Terms of Service or harm the interests of our users, business partners, the public, or Healthbanc, or that expose you, Healthbanc, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services.
Donations: In order to contribute to a Campaign or to a Charity, a Donor will be required to provide Healthbanc information regarding its credit card or other payment instrument (“Payment Instrument”) that is linked to the Donor’s account on the Services (a “Billing Account”). You, as a Donor, represent and warrant to Healthbanc that such information is true and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and will not be refunded unless Healthbanc, in its sole discretion, agrees to issue a refund. Healthbanc uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms set forth by our payment partners (currently, WePay, Inc., Stripe, Inc., Adyen LLC, PayPal, Inc., and PayPal Giving Fund), in addition to these Terms of Service, including WePay’s terms of service, Stripe’s terms of service, Adyen’s terms of service, PayPal’s terms of service, and PayPal Giving Fund’s terms of service.
Account Holds: From time to time, Healthbanc may place a hold on a Campaign account (a "Hold"), restricting Withdrawals (defined herein) by a Campaign Organizer. Some of the reasons that we may place a Hold on a Campaign Account include the following: (i) if we have reason to believe (in our sole discretion) that information provided by a Campaign Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available (as determined by Healthbanc in its sole discretion) should be provided directly to a person other than the Campaign Organizer (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Organizer), (iii) if we have reason to believe that a Campaign or Campaign Organizer has violated these Terms of Service, or (iv) if Healthbanc determines that the Campaign Organizer is colluding with donors to engage in fraudulent activity, (v) if we have reason to believe (in our sole discretion) that there may be suspicious or fraudulent donation activity, (vi) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please contact us at email@example.com.
Withdrawing Donations from a Campaign: You, as a Campaign Organizer (or, as applicable, the beneficiary designated by the Campaign), may withdraw Donations to your Campaign at any time up to the full amount of all Donations credited to your Campaign, less any applicable fees and any previously withdrawn amounts ("Withdrawals") and subject to any Holds that we or our payment partners may place on your Campaign account. A Campaign Organizer may withdraw Donations by electronic wire transfer to your bank account or by receipt of a paper check in certain cases. While Healthbanc strives to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and Healthbanc does not guarantee that Withdrawals will be available to you within any specific time frame, and Healthbanc expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Campaign Organizer, are responsible for ensuring that the information you provide to Healthbanc in order to process a Withdrawal, including your bank account information, is accurate and up to date. Healthbanc may, at any time, for any reason, and in its sole discretion, offer or issue a refund of donation(s) with or without consulting with you, which may comprise the entire amount donated to your campaign. Healthbanc is not responsible for any consequences caused by Healthbanc issuing refunds, including, but not limited to transaction or overdraft fees. You also acknowledge that Healthbanc is not liable to compensate you in any way for any loss.
Third-Party Material: Under no circumstances will Healthbanc be liable in any way for any content or materials of any third parties (including users and Campaign Organizers) or any User Content (defined below, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Healthbanc does not pre-screen content, but that Healthbanc and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any content that is available via the Services. Without limiting the foregoing, Healthbanc and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Healthbanc, in its sole discretion, to be otherwise objectionable.
User Content Transmitted Through the Services: With respect to the content, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Services, you hereby grant and will grant Healthbanc and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Healthbanc and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of Healthbanc in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Healthbanc’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Services Content or User Content from the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to Healthbanc are non-confidential and Healthbanc will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Healthbanc may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of, Healthbanc its users or the public.
You agree to release, indemnify on demand and hold Healthbanc and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HEALTHBANC NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF HEALTHBANC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOFUNDME'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID HEALTHBANC IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (a) that you are at least 18 years of age; (b) that you have not previously been suspended or removed from the Service; and (c) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
3. Accounts and Registration
3.1 You may register for an account online through our website www.healthbanc.com or via downloading our application (app), the “Patient Terminal”. When you register for an account, you may be required to provide us with certain information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
3.2 By providing us with your mobile telephone number, you consent to receive text messages at that number as requested for account verification, marketing, and other purposes related to the Service. While we do not charge a fee for text messages, your carrier may charge standard messaging, data, and other fees. You are responsible for these charges. We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message, as this is out of our control and is the responsibility of the cellular telephone operator or other networks.
4. Provider Fees and Billing
4.1 Access to the Service or your use of certain features of the Service, including the Platforms, may require you to pay fees, including any transaction fees charged by MyHealthBanc in connection with your access or use, any fees or charges levied by third-party payment processors (“Payment Processors”) engaged by MyHealthBanc, and any other charges you may incur in connection with your use of the Service (the “Fees”). Before you are required to pay any Fees, you will have an opportunity to review and accept the Fees you will be charged. All Fees are in U.S. Dollars and are non-refundable. MyHealthBanc may change the Fees charged for access to the Service or for use of any feature of the Service, including by adding or increasing any Fees, on a going-forward basis at any time.
4.2 Provider By signing up for any features of the Service requiring the payment of Fees, you agree to pay to MyHealthBanc all applicable Fees. All Fees are exclusive of applicable taxes (e.g., sales, use, and value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Service or any part thereof. MyHealthBanc or its Payment Processors will charge the payment method you specify at the time of purchase. You authorize MyHealthBanc to charge all Fees to such payment method. If you pay any Fees with a credit card, MyHealthBanc may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Fees will be charged to your credit card on the date you register for a particular feature of the Service or as you incur them, as applicable. For any features for which you sign up for a subscription, the Fees will be charged on the first day of each billing cycle until you change or cancel your subscription. If you cancel a subscription in the middle of any billing cycle for which you have paid the applicable Fees, you will have full access to all features for which you’ve paid until the end of that billing cycle. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on the account summary provided to you through our Service. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
4.3 The Service may include functionality for activating, updating, or canceling recurring payments for periodic charges. If you activate or update recurring payments through the Service, you authorize MyHealthBanc to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. If you use the Service to update or cancel any existing authorized one-time or recurring payment, it may take up to 30 days for the update or cancellation to take effect. You agree to provide us updated information about your credit card when the earlier information is no longer valid or upon our request. If we do not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. We reserve the right to take all steps necessary to collect amounts due from you, including but not limited to using third-party collection agencies. We reserve the right to correct any errors or mistakes that we make even if we have already requested or received payment, and to determine whether your credit card is pre-authorized to accept a minimum charge equal to the Fee owed for one subscription billing cycle.
4.4 You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees.
5. Provider Cancellation; Renewal; No Refunds
5.1 You may cancel your account with MyHealthBanc at any time online through your profile page or by contacting our customer service by e-mail at email@example.com. We will terminate your account within a reasonable amount of time following receipt of your cancellation request. You must cancel your subscriptions before the end of a billing cycle in order to avoid charges for the subsequent billing cycle.
5.2 IF YOU CANCEL YOUR ACCOUNT BEFORE THE END OF ANY BILLING CYCLE FOR WHICH YOU PAID FEES, YOU WILL NOT RECEIVE A REFUND OR CREDIT FOR THE REMAINDER OF THAT BILLING CYCLE. If we terminate your account for a reason other than your breach of these Terms, we will provide a pro-rata refund of any pre-paid subscription Fees. IF YOU BELIEVE THAT WE HAVE CHARGED YOU IN ERROR FOR ANY SERVICE, YOU MUST CONTACT OUR CUSTOMER SERVICE AT SUPPORT@MYHEALTHBANC.COM WITHIN 90 DAYS AFTER YOU WERE CHARGED. WE WILL NOT REFUND ANY CHARGES AFTER MORE THAN 90 DAYS.
6. Loyalty Platform
6.1 In order for you to accumulate Loyalty Points for healthcare services and merchandise purchased, you must have an active account with MyHealthBanc, in compliance with these Terms, at the time of the applicable purchase. Upon registering for your account with MyHealthBanc or signing up for the Loyalty Platform (“Loyalty Card”). Accumulated points will be tracked in your Service account and your Loyalty Card. Upon at least 3 months’ prior notice to you, MyHealthBanc may, in its sole discretion, set an expiration date for all Loyalty Points and deactivate your Loyalty Card.
6.2 The Loyalty Points that you accrue do not constitute your property and have no value outside of the Loyalty Platform. You have no property interest, right, or title in or to any Loyalty Points appearing on or originating in the Service, or to any other attributes, features, and materials, including your Loyalty Card/Membership, associated with use of the Loyalty Points. MyHealthBanc may revoke accumulated Loyalty Points from your account and any Loyalty Cards or membership you hold, at any time in accordance with these Terms. Loyalty Points may not be exchanged for cash, sold, resold, assigned, bartered, or transferred. You acknowledge that Loyalty Points and Loyalty Cards/Membership are not currency of any kind and are not redeemable for any sum of money from us, any Provider, or any third party at any time. We make no guarantee regarding the nature, quality, or value of the features of the Loyalty Points or any Provider or third-party goods or services that will be accessible through the redemption of Loyalty Points, or the availability or supply of Loyalty Points. MyHealthBanc hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, non-exclusive license to use the Loyalty Points in connection with the Service, and only to the extent expressly permitted under these Terms. Any balance of Loyalty Points shown in your user account does not constitute a real-world balance or reflect any actual stored value.
6.3 In order to be eligible to redeem Loyalty Points, you must be 18 years of age or older and reside the United States or other approved country by Healthbanc (see www.healthbanc.com for approved country list); provided that the following individuals are not eligible for point redemption: (a) employees of MyHealthBanc; (b) employees of any other company involved in the development, administration, or operation of the Loyalty Platform; and (c) immediate family members (parent, child, sibling and spouse) and those living in the same household as individuals qualifying under (a) or (b). Corporations, partnerships, and any other business entities are not eligible to redeem Loyalty Points. If at any time you become ineligible to redeem Loyalty Points, you must provide prompt notice to MyHealthBanc at firstname.lastname@example.org.
6.4 You must accept any limitations or restrictions placed on the redemption of Loyalty Points by a Provider. All healthcare services and merchandise offered in exchange for the redemption of Loyalty Points are subject to Provider availability. All redemptions are subject to these Terms, any third-party terms associated with the Loyalty Platform, and all limitations and requirements stated via the Service and by the applicable Providers. Healthcare services obtained by redeeming Loyalty Points may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to you. You are solely responsible for reporting such items on your tax returns and paying any associated tax liability. All redemptions of Loyalty Points are final. Once Loyalty Points have been redeemed, they will be subtracted from your account and cannot be refunded or returned, except in our sole discretion. No Loyalty Points will be re-credited to your account in the event of your dispute with a Provider or third party regarding the healthcare services or merchandise received in exchange for Loyalty Points redeemed.
6.5 We have no liability for hacking or loss of your Loyalty Points or any services received via the redemption of Loyalty Points. We have no obligation to, and will not, reimburse you for any Loyalty Points, or services received via redemption of Loyalty Points, that are lost. We reserve the right, without prior notification, to limit the quantity of Loyalty Points or to refuse to provide you with any Loyalty Points. Redemption of Loyalty Points is determined by us in our sole discretion and is subject to change without notice. You agree that we have the absolute right to manage, distribute, regulate, control, modify, or eliminate Loyalty Points as we see fit in our sole discretion, and that we will have no liability for exercising such right.
6.6 You agree that under no circumstances are we liable to you for any damages or claims that may arise from the loss or use of your Loyalty Points regardless of the circumstances. You absolve us of any responsibility to maintain or update your Loyalty Points account. However, if there is a loss of Loyalty Points in your account due to technical or operational problems with the Service, we will use our commercially reasonable efforts to fix your account once we have verified the loss. Without limiting any of the foregoing, our maximum liability or responsibility to you is to provide you with the Loyalty Points that are lost.
6.7 All Loyalty Points are forfeited if your user account or access to the Service is terminated or suspended for any reason, in our sole and absolute discretion, or if we discontinue availability of some or all of the Service. MyHealthBanc reserves the right, in its sole discretion, to disqualify your Loyalty Points if you (a) violate these Terms; (b) engage in any fraud or abuse relating to the accrual of Loyalty Points or the redemption thereof; (c) misrepresent any information supplied by you to MyHealthBanc; or (d) engage in any activities that are inconsistent with MyHealthBanc’s public image, goodwill, or reputation, or with applicable law. Upon termination or suspension of your account in accordance with these Terms, your right to accrue Loyalty Points and redeem them for rewards will immediately be cancelled and any and all Loyalty Points accumulated up to the date of termination will be forfeited.
7. User Content
7.1 Certain features of the Service may permit users to enter, post, or publish content on the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively, “User Content”). MyHealthBanc owns all User Content; however, you retain all intellectual property and other proprietary rights that you may hold in the User Content that you post to the Service.
7.2 By entering, posting, or publishing User Content on the Service, you grant MyHealthBanc a worldwide, non-exclusive, perpetual, irrevocable, fully paid-up, royalty-free right and license (with the right to grant sublicenses), under the intellectual property and other proprietary rights in your User Content that you retain under Section 8.1, to host, store, transfer, publicly display, perform, reproduce, modify, distribute, adapt, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed) and to make, have made, import, offer for sale, and sell any products and services incorporating or based upon your User Content. Any such use of your User Content by MyHealthBanc may be without any compensation paid to you.
7.3 You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
(a) you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize MyHealthBanc and users of the Service to use and distribute, as applicable, your User Content as necessary to exercise the licenses granted by you in this Section 8 and in the manner contemplated by MyHealthBanc and these Terms; and
(b) your User Content, and the use of your User Content as contemplated herein, does not and will not (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or other intellectual property or proprietary right; or (ii) slander, defame, or libel any third party.
7.4 We are under no obligation to edit or control User Content that you or other users post or publish on the Service, and will not be in any way responsible or liable for User Content. MyHealthBanc may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that, in our sole judgment, violates these Terms or is otherwise objectionable. You understand that, when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MyHealthBanc with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, MyHealthBanc does not permit copyright-infringing activities on the Service.
8. Digital Millennium Copyright Act
8.1 We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have any complaints with respect to material posted on the Service, you may contact our designated agent at the following address:
c/o Wilson Sonsini Goodrich & Rosati PC
139 Townsend Street, Suite 140
San Francisco, CA 94107
Any notice alleging that materials or content hosted by or distributed through the Service infringe intellectual property rights must include the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of the material that you claim is infringing and where it is located on the Service;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
8.2 MyHealthBanc will promptly and without notice terminate the accounts of users we determine to be “repeat infringers.” A repeat infringer is a user whom we have notified more than twice of our determination that its User Content is infringing or whose User Content we have removed from the Service more than twice.
9. Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
(a) use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
(b) violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third-party intellectual property rights;
(c) post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
(d) interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
(e) interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service, (iii) attempting to collect personal information about our users, Providers, or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
(f) perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, misrepresenting that a Provider service has been received, or falsifying your age or date of birth;
(g) sell or otherwise transfer the access granted herein or any Materials (as defined in Section 14 below) or any right or ability to view, access, or use any Materials; or
(h) attempt to do any of the foregoing in this Section 10, or assist or permit any persons in engag