Last updated: February 15, 2016
Local Doctors Service
The Local Doctors Service is not intended to be used in medical emergencies or situations requiring a hands-on or immediate response or treatment. Unless otherwise stated, the terms and conditions below apply to you each time you use the Local Doctors Service. By using the Local Doctors Service and/or related services within or outside of the App, you FULLY ACKNOWLEDGE THE FOLLOWING:
- You will only use the Local Doctors Service and/or the App in non-emergency situations;
- The Local Doctors will not replace your regular physician;
- You will not be able to use the Local Doctors Service without reviewing and agreeing to all terms of the user Authorization https://firstopinionapp.com/local-consent/ and acknowledging receipt of the Local Doctors Service’s Notice of Privacy Practices https://firstopinionapp.com/pc-privacy-policies/;
- The Local Doctors Service is currently available only in
Arizona, California, The District of Columbia, Florida, Georgia, Illinois, Maryland, Massachusetts, Michigan, New York, North Carolina, Ohio,Pennsylvania, Utah, Virginia, Washington, and Wisconsin; you will provide accurate information about the state in which you reside and the state where you are located when you seek to use the Local Doctors Service so that First Opinion can properly match you with a physician who is licensed in your state to serve as the Local Doctor;
- The Local Doctors do not provide services to Medicare and/or Medicaid beneficiaries and do not accept Medicare and/or Medicaid patients at this time;
- First Opinion and the Local Doctors do not take any form of private insurance at this time – you are responsible to pay for all services;
- First Opinion provides administrative, technical, and clerical services to the Local Doctors, and does not practice medicine or provide advice of any kind and does not interfere with the practice by Local Doctors;
- First Opinion does not receive remuneration from the Local Doctors for matching you to them – First Opinion merely provides the technology to enable you to connect with a Local Doctor who is licensed in one of the above-referenced states;
- You and a Local Doctor will not have in-person encounters – Local Doctors will provide a diagnosis and/or treatment and/or prescribe medications based on their independent medical judgment under the circumstances and the information you provide, which may or may not include information they collect from your face-to-face video chats, and they will apply ordinary standards of medical care – not any heightened or extraordinary standards;
- If a Local Doctor concludes that he or she has insufficient information to provide treatment, a diagnosis, or a prescription, the Local Doctor may either request additional information from you or decline to provide further services and assist you in providing relevant information to the health care provider from whom you seek in person care;
- In fact, a Local Doctor may decline to provide services to you for any reason within their medical judgment and particularly for actual or potential misuse of services, and may decline to provide services for any or no reason if they have not previously established a relationship with you;
- Local Doctors do not prescribe controlled substances and other drugs that may be abused;
- Local Doctors practice together as part of a group, so there is no guarantee that you will be connected to a particular physician within the group or to a physician of your choosing – you may be connected to any available physician in the group;
- Local Doctors Service is not an insurance product nor a prescription fulfillment warehouse;
Your Use of the Local Doctors Service is also subject to additional terms, disclaimers and limitations, as set forth in Section III (Additional Terms Applicable to All Services) below.
Degreed Doctors Service
The Degreed Doctors Service is only intended and available for informational purposes; medical advice, treatment or other healthcare services are not available from the Degreed Doctors Service providers. You may use the Local Doctors Service – not the Degreed Doctors Service – to seek medical advice, treatment or other healthcare services. Unless otherwise stated, the terms and conditions below apply to you each time you use the Degreed Doctors Service. By using the Degreed Doctors Service and/or related services within or outside of the App, you FULLY ACKNOWLEDGE THE FOLLOWING:
- You are seeking the Degreed Doctor Services for informational/educational purposes only;
- You will not seek any diagnosis, prognosis, treatment, prescription, product recommendation or medical advice of any kind from the Degreed Doctors;
- All services are provided “as is” and without warranty or representation of any kind (whether statutory, implied, or otherwise);
- You will not receive a diagnosis or prognosis and will not receive treatment or any prescriptions from a Degreed Doctor, but to the extent any text may be interpreted as treatment or a recommendation, it is at most an alternative course of action or complementary to healing arts services that are or may be licensed by the state in which you are located;
- The Degreed Doctors Services provided are:
- Conversation and social interaction with someone who may share their experiences with you, including their experiences raising their children and/or relating to their partners;
- Convenient access to health education and information; and
- Ideas and suggestions about homeopathic or other therapies that are alternatives to medicine.
- These services will not be based on any particular theory of treatment, but, rather, may be loosely based on the experiences of Degreed Doctors or their family members or friends, their general education and training, and their medical education and experience.
- By using the Degreed Doctors Service, you explicitly agree that any personal health information provided by you or generated through your use of the App is not considered Protected Health Information (PHI) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). You further agree not to provide to us and/or the Degreed Doctors any health information and/or other information that you are not authorized to disclose.
- Your Use of the Degreed Doctors Service is also subject to additional terms, disclaimers and limitations, as set forth in Section III (Additional Terms Applicable to All Services) below.
Terms Applicable to All Services
- Services Provided. The Services provide a platform and mechanism for enabling you to connect and chat with providers of the Degreed Doctors Service and Local Doctors Service (“Providers”). First Opinion does not participate in the interaction between you and Providers and does not have control over the quality, reliability, timing, legality, integrity, authenticity, accuracy, appropriateness, provision, or failure to provide, or responsiveness of the information provided by or to Providers, and does not monitor or control whether any participant, including registered users and/or visitors to the Site or the App, are who they claim to be. First Opinion makes no representations about any of these and assumes no responsibility for any of them as more fully set forth below. FIRST OPINION DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DRUGS, TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, “OFF-LABEL” DRUG USES OR OTHER INFORMATION THAT MAY BE MENTIONED THROUGH SERVICES.
- You will not access and/or use the Services in an emergency situation, but instead, will call 9-1-1 or your own physician or pediatrician if you suspect or have reason to believe an emergency exists;
- You consider the Services, including without limitation, the contents of the App, such as text, graphics, images, information obtained from First Opinion’s licensors, users, employees and other material (“Content”) to be for informational and educational purposes only, excepting only Local Doctors Services as described above, and that results are never guaranteed;
- You will not advise, diagnose, or treat any person at any time based on information and/or education or comments you receive through the Services and/or that is contained in the App and/or otherwise transmitted to you through the Services – you are solely responsible for your interactions with the Providers with whom you communicate while using the Services;
- First Opinion may limit the number of connections you may have with the Providers, may, in certain circumstances, prohibit you from contacting them through use of the Services, and/or may otherwise limit your use of the Services;
- You will not attempt to learn the identities and/or locations of the Degreed Doctors and you will not contact the Degreed Doctors other than through the App;
- You understand and acknowledge that the Providers may not be able to respond to your messages immediately or even within a short time (but if you have not heard from a Provider within 48 hours, you should contact First Opinion to find out why).
By providing information to us, you grant First Opinion, without any further consent, notice and/or compensation to you or to any third parties, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licenseable, fully paid-up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, the information you provide, directly or indirectly to First Opinion, including, without limitation, user-generated content, ideas, concepts, techniques and/or data. Any information you submit to us is at your own risk of loss.
- Apple Devices. The following additional terms and conditions apply to any Mobile Application we provide to you for use on an Apple iOS-powered mobile device (“iOS App”):
- Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.
- We, and not Apple, are solely responsible for our iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- Android Devices. The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device (an “Android App”):
- Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
- Apple Devices. The following additional terms and conditions apply to any Mobile Application we provide to you for use on an Apple iOS-powered mobile device (“iOS App”):
- Prohibited Uses. You agree not to use the Services for commercial or public purposes and/or to: a) violate any local, state, national or international law; b) stalk, harass or harm another individual; c) collect or store personal data about other users or persons; d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; e) 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; f) attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means; g) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and/or h) stalk, harass, or harm another individual. You further agree you will not:
- reproduce, duplicate, copy, sell, resell or exploit any portion of the Services;
- use the Services or access the Services for any purpose other than the purpose for which the Services are being provided to you;
- use the Services in a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services;
- reverse engineer, disassemble, decompile, or translate any components of the Services, attempt to derive the source code of any components of the Services, or authorize or assist any third party to do any of the foregoing;
- allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations (SPAM);
- use any high volume, automated, or electronic means, including any data mining, robots, or similar data gathering or extraction methods in connection with the Services;
- frame the App, place pop-up windows over its pages, or otherwise affect the display of its pages.
- Accuracy of Materials and Other Information. First Opinion does not warrant that any Materials and/or other information, pictures, graphic depictions, descriptions, or other content of the Services are accurate, complete, reliable, updated, current, and/or error‑free. First Opinion is not responsible, and makes no representations or warranties for the delivery of any messages sent through First Opinion to anyone. You agree to notify First Opinion immediately if you become aware of any errors or inconsistencies in the information or content provided through the App and to comply with any corrective action taken by First Opinion. Further, you will not alter electronic messages, information, or postings received from First Opinion.
- Intellectual Property Infringement. We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we remove submissions that we believe may violate intellectual property rights of others and may suspend your access to the Services (or any portion thereof) and/or terminate your account if you use the Services in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, § 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims. If you believe your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to our Agent for notice of claims of infringement as follows:
To be sure the matter is handled immediately, your written notice must:
- Contain your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Services who is the subject of repeated DMCA or other infringement notifications.
- Third Party Sites. We may provide links on the Services to third-party websites. We are not obligated to review any third-party websites that you link to from the Services, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Services, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of the Services may allow you to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit Your activities on the Services to be shared with your contacts in your third-party site account.
- Indemnification.You agree to indemnify and hold harmless First Opinion, our owners, subsidiaries, affiliated companies, employees, shareholders, directors, licensors, co-branders, suppliers, and the officers, directors, employees, consultants, and agents of each, and other Registered Users and Visitors, for all damages, liabilities, fines, penalties, losses, expenses, fees, and costs (including without limitation reasonable attorneys’ fees and costs) related to all claims, causes of action, charges, and investigations, caused by: a) your failure to comply with this Agreement, including without limitation your unauthorized submission of content and/or of that violates third-party rights or applicable laws; b) any content you submit or transmit; c) any activity in which you engage through the Services; and d) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar or deleterious programming routines input by you into the Services.
- Feedback. Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
- Discontinuation or Modifications to the Services. We reserve the right, in our sole discretion, to deny or restrict the use of the Services to anyone for any reason. We reserve the right to modify or discontinue the Services, or any portion of the Services, with or without notice to you. We will not be liable to you or any third party should we exercise these rights. If you object to any modification, your sole recourse will be to cease using the Services. Continued use of the Services following a notice of any change will indicate your acknowledgment of such changes and satisfaction with the Services as modified. First Opinion has no obligation to store, maintain or provide you a copy of any content that you, other users, or the Providers provide or transmit when using the Services. We also reserve the right, but have no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if we determine, in our sole discretion, that doing so is appropriate.
- Disclaimer Of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE Services IS AT YOUR SOLE RISK. BOTH THE Services ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIRST OPINION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. FIRST OPINION MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FIRST OPINION MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Services, OR THAT DEFECTS IN THE Services WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Services IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIRST OPINION OR THROUGH THE Services WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SERVICES ARE NOT INTENDED TO PROVIDE A SUBSTITUTE FOR YOUR OWN SOUND AND REASONABLY PRUDENT JUDGMENT, AND DEGREED DOCTORS SERVICES ARE NOT INTENDED TO BE FOR DIAGNOSIS OR TREATMENT. PERSONS USING THE SERVICES ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICES, MATERIALS AND OTHER INFORMATION PROVIDED AND AGREE THAT FIRST OPINION IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THEIR USE. YOUR RELIANCE ON THE CONTENT OBTAINED OR USED BY YOU IS SOLELY AT YOUR OWN RISK EXCEPT AS PROVIDED BY LAW.
- Limitation Of Liability. YOU UNDERSTAND THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL FIRST OPINION OR ANY OF OUR OWNERS, SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, SHAREHOLDERS, OR DIRECTORS (“FIRST OPINION AFFILIATES”) BE CUMULATIVELY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. THE AGGREGATE LIABILITY OF FIRST OPINION TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED TO FIVE (5) TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR A FIRST OPINION CORPORATE NETWORK, IF ANY, OR U.S. $100, WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, and as a result some of the above disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under applicable law.
- Mutual Rights of Termination. You may terminate this Agreement, for any or no reason, at any time, upon notice to First Opinion. First Opinion may terminate or suspend your use of the Services, your account, and/or your registration without notice for any reason at any time. You understand that termination of your agreement with First Opinion and your account will not entitle you to any refund and may involve deletion of your information and any content you uploaded using such Account. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES OR DELETION OF YOUR ACOUNT OR CONTENT UPLOADED BY YOU. OTHER AGREEMENTS WITH FIRST OPINION MAY CONTAIN DIFFERENT TERMINATION PROVISIONS FOR A GIVEN SERVICE. IN SUCH CASES, TERMINATION PROVISIONS WITHIN OTHER AGREEMENTS SHALL GOVERN THE TERMINATION OF THOSE SERVICES.
- Dispute Resolution. YOU AND FIRST OPINION AGREE THAT ALL CLAIMS ARISING OUT OF, OR RELATED TO, THIS AGREEMENT MUST BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION LOCATED IN SAN FRANCISCO, CALIFORNIA, AS ADMINISTERED BY JAMS UNDER THE APPLICABLE RULES THEN IN EFFECT EXCEPT AS OTHERWISE AGREED BY THE PARTIES OR AS DESCRIBED BELOW. THE PARTIES AGREE THAT THE FEDERAL ARBITRATION ACT WILL NOT APPLY TO DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. YOU AND FIRST OPINION AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA FOR THE PURPOSE OF LITIGATING ANY REFUSAL TO ARBITRATE. NOTWITHSTANDING THE ABOVE, YOU AGREE THAT FIRST OPINION SHALL STILL BE ALLOWED TO APPLY FOR INJUNCTIVE REMEDIES (OR AN EQUIVALENT TYPE OF URGENT LEGAL RELIEF) IN ANY JURISDICTION. IN NO EVENT SHALL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF, OR TO ENJOIN OR RESTRAIN THE OPERATION OF THE SERVICE, EXPLOITATION OF ANY ADVERTISING OR OTHER MATERIALS ISSUED IN CONNECTION THEREWITH, OR EXPLOITATION OF THE SERVICES OR ANY CONTENT OR OTHER MATERIAL USED OR DISPLAYED THROUGH THE SERVICES.
FOR ANY CLAIM (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS LESS THAN $10,000, THE PARTY REQUESTING RELIEF MAY ELECT TO RESOLVE THE DISPUTE IN A COST‑EFFECTIVE MANNER THROUGH BINDING NON-APPEARANCE-BASED ARBITRATION, IN WHICH CASE THE ADR PROVIDER AND THE PARTIES MUST COMPLY WITH THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED BY TELEPHONE, ONLINE AND/OR BE SOLELY BASED ON WRITTEN SUBMISSIONS, THE SPECIFIC MANNER SHALL BE CHOSEN BY THE PARTY INITIATING THE ARBITRATION; (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES; AND (C) ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR SHALL BE FINAL AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
YOU AGREE THAT YOU AND FIRST OPINION ARE EACH WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless otherwise agreed, 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.
- Notices and Service of Process.In addition to Section “Notices and Service Messages,” we may notify you via postings on www.firstopinionapp.com. You may contact us here, or via mail or courier at:
First Opinionhello@firstopinionapp.com156 Ellis Street, Floor Two, San Francisco, CA 94102www.firstopinionapp.com
Additionally, First Opinion accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
- Electronic Communications. By using the Services, you consent to receiving electronic communications from First Opinion. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with First Opinion. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- No informal waivers, agreements or representations. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any First Opinion Affiliate shall be deemed legally binding on any First Opinion Affiliate, unless documented in a physical writing hand‑signed by a duly appointed officer of First Opinion.
- No Agency. Notwithstanding any term herein, the Providers are not agents of First Opinion, and you may not interpret any communications or transmissions to or from the Providers. to create an agency relationship and they may not be deemed at any time to be acting as an agent of First Opinion.
- Limited Time to Bring Claim. Where permitted by law, you and First Opinion agree that any cause of action arising out of or related to the Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Beneficiaries. Entities other than First Opinion are not parties, and you acknowledge and agree that there are no third‑party beneficiaries of this Agreement.
- Assignment and Delegation. You may not assign or delegate any rights or responsibilities under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and responsibilities under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral notation, effective upon notice to you, First Opinion Corporation for any third party that assumes our rights and responsibilities under this Agreement.