PLEASE CAREFULLY READ THESE TERMS OF USE (the “Terms”) BEFORE USING THE Marvelous website (the “Website”) and the Marvelous platform (collectively, the “Platform”). The Website and Platform, including all relevant content, products, services, and functionality associated with the Website and Platform and any other affiliated software or application owned by Marvelous, Inc., are collectively referred to as the “Services.”
BY ACCESSING OR USING THE SERVICES, YOU CONSENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
Any information that Marvelous, Inc. (“Marvelous” or “we”) collects through your use of the Services is subject to the Marvelous Privacy Policy, which is part of these Terms.
By continuing to use the Services, you agree as follows:
You are at least 18 years old, or have been legally emancipated, and you are entering into these Terms for yourself and for any member of your household you enroll
You understand and agree that these Terms are a legally binding agreement and the equivalent of a signed, written contract
You will use the Services in a manner consistent with applicable laws and regulations and these Terms, as they may be amended by Marvelous from time to time; and
You understand, accept, and have received these Terms and the Marvelous Privacy Policy, and acknowledge and demonstrate that you can access these Terms and the Marvelous Privacy Policy at will.
If You do not agree with and accept the Terms, please discontinue all further use of the Services. Do not access the Website or Platform and immediately delete all files, if any, of the associated Website and Platform from your device(s).
Main Terms of Use
Marvelous TERMS OF USE
These Terms of Use ("Terms of Use" or “Terms”) are a legal contract between you and Marvelous, Inc. (“us”, “we”, “our”, or “Marvelous”). Marvelous is the creator of the Marvelous website located at trymarvelous.co (the ”Website”) and the Marvelous Platform (the “Platform”). The Marvelous Website and Platform including all relevant content, products, services, and functionality associated with the Website and Platform and any other affiliated software or application owned by Marvelous, Inc., are collectively referred to as the “Services.” In this Agreement, the terms “you” and “yours” refer to the person using the Services. These Terms govern your use of the Services and by accepting these Terms and accessing or using the Services, you acknowledge that you have read, understand, and agree to these Terms and the Marvelous Privacy Policy. Any capitalized terms not defined in these Terms are defined in the Marvelous Privacy Policy. These Terms govern your use of the Website and the Platform. Your membership, including what it includes, what it costs, and how it is cancelled, is governed by the separate membership agreement you accept when you enroll. If these Terms and that membership agreement conflict on a membership matter, the membership agreement controls.
IF YOU ARE HAVING A MEDICAL EMERGENCY, OR have or suspect that you have an urgent medical problem or condition CALL 911 IMMEDIATELY. Marvelous DOES NOT PROVIDE EMERGENCY MEDICAL CARE.
You may access and use the Services only in accordance with these Terms, and you agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as the Marvelous Privacy Policy. Marvelous reserves the right to change or modify these Terms at any time without prior notice to you. If we materially change or modify these Terms, we will let you know by (1) posting a new version of the Terms to the Website and Platform; and/or (2) posting a change notice on our Platform.
If you continue to use the Services after we have informed you of the changes, you agree to be bound by the modified Terms. If you do not accept the changes, you should immediately stop using the Services and delete all files associated with the Services on your device(s).
Services Overview
The Services are designed to provide individuals who access or register as users of the Services (“Users”) with a membership that helps them arrange and coordinate care for themselves and their household. Marvelous works with an independent medical practice and the licensed clinicians who practice through it (collectively, the “Practice”), to facilitate your access to clinical care. Marvelous provides non-clinical administrative, concierge, and operational services to, and facilitates your connection and communication with, the Practice. Clinical care is arranged, ordered, and delivered by the Practice, including care delivered in a mobile care unit operated by the Practice, and is governed by the consents you accept with the Practice.
Important information regarding HEALTHCARE services. PLEASE READ
Marvelous is not a HEALTHCARE Provider. Marvelous IS a technology and membership company that provides access to PROFESSIONAL SERVICES DELIVERED BY THIRD PARTY Providers (“Providers”), at the request of its members. Marvelous DOES NOT PROVIDE MEDICAL ADVICE, CLINICAL CONSULTATIONS, DIAGNOSIS, OR TREATMENT. Marvelous does not control the clinical decision-making of the Providers, and is not responsible for the quality of care provided by the Providers. YOU SHOULD NOT DELAY TREATMENT OR IGNORE ADVICE FROM YOUR DOCTOR OR OTHER HEALTHCARE PROVIDER BASED ON INFORMATION PROVIDED BY MARVELOUS. MARVELOUS HEREBY DISCLAIMS ANY LIABILITY FOR ANY HEALTHCARE SERVICES PROVIDED BY ANY PROVIDER.
By accepting these Terms, you agree and acknowledge that we do not provide clinical or medical services, laboratory services, or other professional medical services. Our role is limited to supporting and facilitating your access to these Providers via the Services.
YOU AGREE AND ACKNOWLEDGE THAT MARVELOUS IS IN NO WAY PROVIDING DIAGNOSIS OR TREATMENT TO YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE INFORMATION, PROCESSES, PRODUCTS, AND OTHER ITEMS REFERENCED AS PART OF THE SERVICES ARE NOT INTENDED AS A RECOMMENDATION OR ENDORSEMENT OF ANY COURSE OF ACTION, INFORMATION, OR PRODUCT. WE EXPLICITLY DISCLAIM THE CREATION OF A PROVIDER-PATIENT RELATIONSHIP BETWEEN Marvelous AND YOU, EXCEPT ANY SEPARATE RELATIONSHIP THAT MAY BE FORMED BETWEEN YOU AND A PROVIDER. THE SERVICES CAN NOT AND ARE NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE THE RELATIONSHIP BETWEEN PROVIDERS AND PATIENTS OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.
If at any time you are concerned about your care or treatment, or you believe or suspect or someone else advises you that you have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room.
Any medical advice provided by a clinician of the Practice using information from the Services is based on the Healthcare Information you provide. If you do not provide complete and accurate Healthcare Information, the medical advice you receive from clinicians of the Practice may not be accurate or appropriate.
The Services and/or any data derived from the Services are in no way intended to replace the independent clinical judgment of a qualified healthcare professional.
General information available through the Services about medical conditions, symptomology, available drugs, treatment options, and other educational articles and videos is provided for general educational purposes only. Never disregard, avoid, or delay obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the Services.
Who does what in your care
More than one organization is involved in your care, and it is worth being clear about which does what.
The Practice is responsible for your clinical care. A clinician of the Practice decides what care is appropriate, orders any testing, reviews your results, and is responsible for following up on a result that needs prompt attention. A clinician may contact you directly, and may do so before you have seen a result or spoken to anyone else.
Where a clinician of the Practice evaluates you or advises you, a clinician-patient relationship is established between you and the Practice, not between you and Marvelous.
Marvelous arranges and coordinates. Marvelous schedules your care, answers questions about your membership, and operates the technology you use to reach the Practice. Marvelous does not decide what care you receive and does not review your results.
Nobody monitors your account continuously. Messages you send through the Services are not monitored at all times and are not a way to reach anyone urgently. If you see something that concerns you before anyone has contacted you about it, contact a clinician or seek care in person. If you believe you are having a medical emergency, call 911.
Access to Services
You must register to create an account (“User Account”) and become a registered user to access any Services other than the Website. The registration process begins when you enter your demographic information (e.g., name, email address, contact information) into the Platform or Website. From there, you will receive an email inviting you to register to use the Services. To register, you must create a username and provide your name, your email address, and other information specified in the registration form (“Registration Data”). You may change or correct information in your account by contacting Marvelous at hello@marvelous.health. You agree not to register for a User Account on behalf of an individual other than yourself unless you are legally authorized to bind such person to these Terms. By registering another person, you hereby represent that you are legally authorized to do so.
By registering for an account and using the Services, you represent and warrant as follows:
You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law
Your Registration Data is true, accurate, current, and complete
You will update Your Registration Data as needed to maintain its accuracy
You are authorized to create a User Account (either for yourself or another person)
You acknowledge and agree to the terms of the Marvelous Privacy Policy
You are legally authorized to view and share with Us health data and other Personal Information (as that term is defined in the Marvelous Privacy Policy)
You are not located in a country that is subject to a U.S. Government embargo or that is designated by the U.S. Government as a “terrorist supporting” country, and You are not listed on any U.S. Government list of prohibited or restricted parties.
Services Ownership and Use
Marvelous owns the Services, including all content and functionality you access through the Services. Subject to your compliance with these Terms, Marvelous grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services.
THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE SERVICES. You may not use the Services for any other purpose than what is allowed under these Terms without Marvelous’s express written permission.
You may not use Marvelous’s name, trademarks, service marks, or logos, or those of third parties appearing on the Services in any advertising or publicity or to otherwise indicate Marvelous’s or such third party’s sponsorship or affiliation with any product or service without the express written permission from Marvelous or such third party.
NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.
Telemedicine Informed Consent
Telemedicine is the delivery of healthcare services, including examination, consultation, diagnosis, and treatment, through electronic communication technologies when you (the patient) are in a different location than your healthcare practitioner. Please review the Telemedicine Informed Consent to learn about the risks and benefits of receiving healthcare via telemedicine. If you choose to access clinical services through the Practice, you will be asked to accept that consent before any healthcare services are provided to you. That consent is given to the Practice. You agree that Marvelous may rely on that consent to provide its Services.
Personal Information
You own your Personal Information and any other information you submit on or through the Services. If you enter someone else’s information into the Services, including information about a member of your household, you represent and warrant that you have permission to do so. As a condition of using the Services, you grant to Marvelous a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use your Personal Information for the purpose of providing the Services, subject to applicable law and the restrictions in the Marvelous Privacy Policy. You agree to allow Marvelous to de-identify and anonymize your Personal Information, including, without limitation, your Healthcare Information, in accordance with our Privacy Policy and applicable law, and to use or disclose such de-identified information for any purpose.
Restrictions on Use
You may use the Services only for lawful purposes and in accordance with these Terms. In addition, we impose certain restrictions on your use of the Services. While using the Services, you shall not:
Provide false, misleading, or inaccurate information to us or any other user
Use the Services (i) for any commercial purpose; (ii) for the benefit of any third party; or (iii) in any manner not permitted by these Terms
Impersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing)
Use or attempt to use any manual process, engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to harvest, monitor, or otherwise collect information from the Services for any use, including, without limitation, use on third-party websites, without our consent
Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to use the Services
Access content or data not intended for you, or log onto a server or account that you are not authorized to access
Violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries)
Attempt to probe, scan, or test the vulnerability of the Services or any associated system or network, or breach security or authentication measures without proper authorization
Interfere or attempt to interfere with the use or functionality of the Services by any other user, host, or network, including, without limitation, by means of submitting a virus, trojan horse, worm, logic bomb, or other material, which is malicious or technologically harmful, overloading, "flooding," "spamming," "mail bombing," or "crashing"
Forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance, or distribution by means of, the Services
Post or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
Post, upload, publish, submit, or transmit any content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us, you, or any other third-party (including another user) to protect the Services
Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Services. Any violation of this section may subject you to civil and/or criminal liability
Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or other users of the Services or expose them to liability, or otherwise interfere with or attempt to interfere with the proper working of the Services
Encourage or enable any other individual to do any of the above.
Marvelous is not obligated to monitor your use of the Services, but we may do so to ensure your compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when we are required to. Marvelous reserves the right to suspend or terminate your use of the Services without notice to you if you partake in any of the prohibited uses described above.
Protecting Your Login Information
The Services are designed to require users to create a username and password to access and use the Services. Your username and password are, collectively, Your “User Credentials.” You are solely responsible for (i) maintaining the strict confidentiality of your User Credentials, (ii) not allowing another person to use your User Credentials to access the Services, and (iii) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Credentials, regardless of whether you were aware of those activities. You agree to immediately notify Marvelous in writing by email of any unauthorized use of your User Credentials or any other compromise of the security of your User Account.
WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL INFORMATION, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
You may be held liable for any losses incurred by Marvelous and/or its affiliates, officers, directors, and representatives due to someone else’s use of your User Account or password, regardless of whether you were aware of such use.
How We Protect Your Privacy
Marvelous values your privacy and is committed to keeping your Personal Information confidential. Please see the Marvelous Privacy Policy for an explanation of our privacy practices, the information we collect from you, how we use that information, and your rights regarding your Personal Information. By accessing or using the Services, or by downloading, viewing, or uploading any content through the Services, you acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy is a part of these Terms.
By using the Services and accepting these Terms, you further acknowledge that Marvelous may share your Personal Information with third parties, including your Provider, in accordance with the Privacy Policy. We will seek your consent to share your Personal Information with third parties before doing so where required by law.
Unless specifically stated in the Marvelous Privacy Policy, we do not control how third parties whom you share information collected, generated, or stored via the Services may further use and disclose such information. You expressly acknowledge and agree that Marvelous is neither responsible for nor liable to you or any third party for the treatment of your Personal Information by any such individual or entity, including any collection, use, disclosure, storage, loss, theft, or misuse of your Personal Information, whether or not such treatment violates applicable law.
Computer Equipment and Internet Access
You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, "Systems") necessary for you to access and use the Services. This includes, without limitation, obtaining Internet services, using up-to-date web browsers, and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems.
Electronic Communications
When you access or use the Services or send emails or text messages to us or to any clinician of the Practice, you consent to receive communications from us and clinicians of the Practice electronically. We may communicate with you via email or via SMS text message.
By choosing to use the Services, you are opting in to receive text (SMS) messages from us and clinicians of the Practice regarding the Services. These communications may contain Personal Information and may also contain promotional and marketing material. If you consent to receive marketing or other communications not related to your use of the Services, we will provide you with the option to opt out of such marketing communications within the applicable message.
You represent and understand that: (1) you are the owner or authorized user of the mobile device you used in order to initiate the SMS Enrollment, (2) you are authorized to approve any applicable charges in connection with the text messages you send to and receive from us or clinicians of the Practice, and (3) you will be responsible for all messaging and other data charges that may apply for any text messages sent between you and Marvelous or clinicians of the Practice. WE DISCLAIM ANY LIABILITY FOR DELAYED OR UNDELIVERED MESSAGES.
We may send communications, including emails, to you regarding your use of the Services. You can choose to filter any emails using your email settings, but we do not provide an option for you to opt out of communications about your account or your care. You can opt out of our text messages at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE or OPTOUT to a message you receive, or by replying in your own words telling us to stop. We will treat any reasonable expression of your wish to stop as a valid request, whatever words you use. After you opt out, we may send you one final text message to confirm it. The separate Text Message and Email Consent you accept at enrollment governs the messages you receive and how you stop them.
You also understand that while Marvelous takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. It is possible that electronic communications may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk.
Third-Party Websites.
In the course of using the Services, you may be introduced to areas or features of the Services that allow you to access websites that do not belong to and are not controlled by us (collectively, “Third-Party Sites”). If you choose to access one of these Third-Party Sites, you will leave our Services and be redirected to an environment owned and controlled by an external third party. You acknowledge and agree that the Third-Party Sites may have different privacy policies, Terms of Use, user guides, and/or business practices (collectively, “Third-Party Rules”) than us, and that your use of such Third-Party Sites is governed exclusively by the respective Third-Party Rules. We provide links to Third-Party Sites to you as a convenience, and we do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.
YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“Third Party Matters”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS.
Any reference in the Services to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply our endorsement or recommendation.
Third-Party Services.
To the extent any features, aspects, products, or services offered through the Services are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”), You may be subject to additional terms and conditions. To the extent applicable, you will receive a notification and can accept such terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES.
In the event of any inconsistency between terms of service relating to Third-Party Services and these Terms, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about you, as specified in the Third-Party Service Provider’s privacy policies. Prior to providing information to any Third-Party Service Provider, you should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY OR TERMS OF USE, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.
Terms of Sale
Membership and any other services offered through the Services are subject to availability. In the event of a typographical or other error in a price or description, we reserve the right to correct the error and revise your order accordingly, which includes charging the corrected price, or to cancel the order and refund any amount charged. We will tell you before charging a corrected price, and you may cancel rather than accept it. From time to time we may offer a promotion, discount, or introductory price. A promotion applies only on the terms stated when it is offered, applies only to the period it names, and does not change the price that applies after it ends. You are responsible for any applicable sales, use, or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of services through our Services. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
The fees for your membership, the period it covers, and how it is cancelled are set out in your membership agreement rather than in these Terms.
Only valid payment methods acceptable to us may be used to pay for the Services. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the amounts due, including any applicable Taxes. You are responsible for keeping your payment method current. You may change your payment method at any time through your account, and a change takes effect for the next charge after we receive it. If a payment method on file is declined, expires or is otherwise invalid, we will tell you and you may provide a valid payment method.
In connection with any purchase you make through the Services, you may be asked to supply certain information relevant to the transaction, including, without limitation, your payment card details, your billing address, your phone number and/or your email address. By submitting such information, you authorize Marvelous to provide that information to our payment processor for the purpose of facilitating the transaction.
All credit card, debit card and other monetary transactions on or through the Services occur through an online payment processing application accessible through the Services. This online payment processing application is provided by Marvelous’s third-party online payment processing vendor. Our processing vendor is a third party, and is in no way subject to Marvelous’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
Representations and Warranties
In addition to other representations and warranties contained throughout the Terms, you represent and warrant that your use of the Services will be in accordance with these Terms and all applicable laws, regulations, rules, and Marvelous policies and procedures (to the extent such policies and procedures are communicated to you). Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL INFORMATION (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF YOU ARE SUBMITTING SUCH PERSONAL INFORMATION) WITH US.
Warranty Disclaimers
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MARVELOUS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. MARVELOUS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MARVELOUS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, APPLICATIONS, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MARVELOUS OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, CLINICIANS OF THE PRACTICE.
YOU UNDERSTAND THAT MARVELOUS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALIFICATIONS OR CONDUCT OF CLINICIANS OF THE PRACTICE.
MARVELOUS CAN NOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. MARVELOUS CAN NOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE SERVICES.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD MARVELOUS OR THE PRACTICE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES PROVIDED BY MARVELOUS REMAINS WITH YOU. NEITHER MARVELOUS NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR, EXCEPT WHERE SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED, FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MARVELOUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SERVICES. SHOULD ANY COURT OF COMPETENT JURISDICTION FIND THAT THE PRIMARY REMEDY IS UNENFORCEABLE OR INAPPLICABLE, THEN, TO THE FULLEST EXTENT PERMITTED BY LAW, MARVELOUS'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF $100 OR THE TOTAL AMOUNT PAID BY YOU TO MARVELOUS FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED. IF ANY EXCLUSION OR LIMITATION IN THESE TERMS IS HELD UNENFORCEABLE, IT APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW AND THE REMAINING EXCLUSIONS AND LIMITATIONS REMAIN IN FULL FORCE.
MARVELOUS IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY CLINICIAN OF THE PRACTICE, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES YOU ARE RECEIVING FROM A CLINICIAN OF THE PRACTICE, YOU MAY HAVE ADDITIONAL REMEDIES REGARDING THE PROVISION OF SERVICES BY SUCH CLINICIAN.
YOU ACKNOWLEDGE THAT IF YOU USE THE SERVICES DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. MARVELOUS IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE SERVICES.
ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.
Indemnification
You agree to indemnify, defend, and hold harmless Marvelous and its representatives from any third party liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) arising out of or in any way connected with (a) your access to or use of the services, (b) your violation of these terms, (c) your violation of any rights of a third party, including any intellectual property rights; (d) any content you post, upload, use, distribute, store, or otherwise transmit through the services; or (e) or any negligent or wrongful conduct by you or related to your user account by you or any other person accessing the services through your user account, regardless of whether you were aware of such use. Marvelous will provide you with notice of any such claim, suit or action. Marvelous will cooperate, at your expense, in the defense of any such claim, suit or action. You shall allow Marvelous to participate in the defense and shall not settle any such claim, suit or action without the prior written consent of Marvelous.
If you are a California resident, you waive California Civil Code Section 1542, which states: “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Providing Feedback to Us
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by e-mailing us at hello@marvelous.health. You acknowledge and agree that if you submit any Feedback to us, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
Account Termination
If you breach any of these Terms, we may suspend or disable your account or terminate your access to the Services without prior notice to you. There may be other instances where we may need to terminate your access to the Services that are not related to any of your actions or inactions. We reserve the right to terminate your access to and use of the Services and materials at any time, with or without cause unless otherwise prohibited by law.
If you wish to terminate your account, please contact Marvelous at hello@marvelous.health, immediately discontinue your use of the Services, and delete all files associated with the Services from your computer or mobile device.
Digital Millennium Copyright Act Policy
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Website or Platform infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to hello@marvelous.health.
Dispute Resolution
*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*
You agree that any dispute between you and Marvelous arising out of or relating to these Terms will be governed by the procedure outlined below. We want to address your concerns without needing a formal legal case, so we ask that you contact us first.
Resolving a dispute
Before filing a claim against Marvelous, you agree to try to resolve the dispute informally by contacting hello@marvelous.health. Most member concerns can be resolved quickly and to your satisfaction through email.
Injunctive relief
Marvelous may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal process described above.
If a dispute is not resolved informally, you and Marvelous submit to the exclusive jurisdiction of the state and federal courts sitting in Los Angeles County, California in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms may be heard and determined in any such court, and you waive any right to object to such filing on grounds of improper venue, forum non conveniens, or other venue-related grounds.
Miscellaneous Terms
Entire Agreement
These Terms, the Marvelous Privacy Policy, and any other terms incorporated by reference, constitute the entire and exclusive understanding and agreement between Marvelous and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Marvelous and you regarding the Services.
Governing Law
These Terms shall be governed by the laws of the State of California without reference to its conflict of laws provisions.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Marvelous’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Marvelous may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Notices
Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (i) by Marvelous via email (in each case to the address that you provide); and/or (ii) by posting to the Website or Platform. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from Marvelous electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH MARVELOUS IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE EFFECTIVE UPON THE SENDING OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.
You shall give any notice to Marvelous by email to: hello@marvelous.health. Notice to Marvelous shall be effective upon receipt of notice by Marvelous.
No Inadvertent Waiver
The failure of Marvelous to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Marvelous.
Severability.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.
Intellectual Property Rights
“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (i) patent rights and utility models, (ii) copyrights and database rights, (iii) trademarks trade names, domain names, and trade dress and the goodwill associated therewith, (iv) trade secrets, (v) mask works, and (vi) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
As between you and us, all right, title, and interest, including all Intellectual Property Rights, in the Services, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by Marvelous or its licensors, vendors, and affiliates, as applicable. All rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Remedies
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
Contacting Marvelous
Please feel free to contact Us if you have any questions about these Terms and/or any other documents referenced in these Terms. You may contact us at hello@marvelous.health or at our mailing address:
Marvelous, Inc.
722 California Ave., Venice, CA 90291