Terms of Service
Last Updated: November 13, 2023
Please read these Terms of Service (“Terms”) carefully before using the Nurse-1-1.com website (the “Website”), the Widget (defined below), or any Nurse-1-1 mobile applications (the “Apps”) operated by VideWell, Inc. (“Nurse-1-1,” “us,” “we,” or “our” or), including any content, functionality, and services offered on or through the Website, Widget, or Apps (all the foregoing being, collectively, the “Services”).
At Nurse-1-1, we are committed to providing the highest quality services. We hold ourselves to the highest standards. Please read these Terms carefully so that you understand them, as they affect your legal rights. We value hearing from you, so if you have any questions or ideas, please do not hesitate to get in touch by e-mailing us at firstname.lastname@example.org.
IMPORTANT NOTICE: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST NURSE-1-1 ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
These Terms apply to all persons who use the Nurse-1-1 Services in any capacity, including individuals who use the Services to chat with a nurse or their medical provider; nurses and other medical professionals who provide health information to such individuals through these chat Services; and medical providers and other business customers of Nurse 1-1 who install the Widget on their websites or mobile application. The different types of users are treated in more detail below in the “Definitions” section. All provisions of these Terms apply to each user of the Services, unless specific provisions are identified as applying to a specific sub-set of users.
Additional Terms: Certain users, areas, features, or functionality of the Services may be subject to different or additional terms, rules, guidelines or policies (“Additional Terms”), and we may provide such Additional Terms via postings, pop-up notices, links, or other means. For instance, If you are a Nurse-1-1 Health Expert (defined below), you agree and are subject to ADDITIONAL TERMS APPLICABLE TO HEALTH EXPERTS https://legal.nurse-1-1.com/legal/health-experts-terms-of-service. From time to time, Additional Terms may conflict with these Terms. In the event of such a conflict, the Additional Terms will control. Any reference to the “Terms” in this agreement includes all Additional Terms.
By accessing or using the Services in any capacity, you agree to be bound by these Terms and (A) acknowledge that you have read and understand these Terms; (B) represent that you are 18 years of age or older or of legal age to enter into a binding agreement (whichever is greater); and (C) accept these Terms and agree that you are legally bound hereby. If you disagree with any part of these Terms, then you do not have permission to access or use the Services.
“Health Experts” means US-based, certified nurse practitioners, physician assistants, and registered nurses who are acting as health experts on the Nurse-1-1 platform. Nurse-1-1 reserves the right to expand the network to include other certified health professionals.
“Customer” means a paying or non-paying customer of Nurse-1-1, such as medical providers, pharmaceutical manufacturers, digital health service, or businesses who install the Nurse-1-1 chat widget on their websites for use by End Users. “Customer” does not refer to Health Experts or End-Users.
“Nurse-1-1 Platform” means Nurse-1-1’s proprietary software platform.
“End-User” refers to the individual end users who access the Services to receive health information. These may include individuals who access the Services directly through the Website or users or patients of Nurse-1-1 Customers who have installed the Widget on their own websites or mobile applications.
“Agents” means named user(s) in the Nurse-1-1 Platform who are permitted by the Customer to use and operate the Services for or on behalf of the Customer. For example, this might include an employee of a Customer who interacts with End Users for the purpose of booking appointments.
“Widget” means the software or interface that is embedded on a Customer website or customer mobile application or a Nurse-1-1 Website.
What is Nurse-1-1?
Nurse-1-1 is a service owned and operated by VideWell, Inc., a technology company providing a platform on which users can chat with (a) a Health Expert for informational purposes only and/or (b) Agents of Nurse-1-1 Customers, if applicable. The Nurse-1-1 platform can be accessed via the Nurse-1-1 Website, Widget, or Apps, as well as via Customer websites and apps where the Widget is installed.
Important Guidelines for End Users
It is important to the interests of Nurse-1-1 that End Users understand the limits of the Services. Accordingly, what follows will outline important limits that End Users must understand and abide by, for the best interests of Nurse-1-1, End Users, and all other parties who use the Services.
- Disclaimer of Medical Advice
NURSE-1-1 DOES NOT PROVIDE MEDICAL ADVICE OR TREATMENT AND IS NOT A HEALTHCARE PROVIDER. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. AGAIN, WE ARE A TECHNOLOGY COMPANY, AND NOT A HEALTH CARE PROVIDER. BY USING THE SERVICES, END USERS EXPRESSLY AGREE THAT NO PATIENT-PROVIDER RELATIONSHIP OF ANY KIND IS ESTABLISHED BETWEEN YOU AND NURSE-1-1 BASED ON YOUR INTERACTIONS WITH HEALTH EXPERTS OR ANY OTHER USE OF THE SERVICES. HEALTH EXPERTS CONTACTED USING THE NURSE-1-1 SERVICES DO NOT TAKE THE PLACE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER AND YOU SHOULD CONTINUE TO SCHEDULE REGULAR AND ONGOING VISITS WITH YOUR PRIMARY CARE PHYSICIAN (“PCP”). FOR QUESTIONS OR CONCERNS ABOUT YOUR MEDICAL CARE OR TREATMENT, YOU SHOULD CONTACT YOUR PCP OR ANOTHER QUALIFIED HEALTHCARE PROFESSIONAL INSTEAD OF USING THE SERVICES. IF YOU ARE IN NEED OF IMMEDIATE MEDICAL ATTENTION, PLEASE CONTACT A HEALTHCARE PROFESSIONAL OR EMERGENCY SERVICES (SUCH AS 911). NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF YOUR USE OF THE SERVICES.
Other than information received directly from your personal medical provider, no information received via the Services should be considered medical advice. You should always consult with an appropriately qualified health care professional for triage, diagnosis, and treatment, including information regarding which medications or treatment may be appropriate for you. Nurse-1-1 cannot and does not represent or warrant that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, Nurse-1-1 does not recommend or endorse any specific tests, providers, medications, products or procedures.
When using the Services to chat with your personal provider (i.e. your doctor’s office), you are entering into a patient-provider relationship with your provider and in this instance Nurse-1-1 is intended only to facilitate those communications via our technology. Nurse-1-1 does not replace your existing primary care physician relationship. If your provider is not a Customer and is, therefore, not available via the Services, it is solely your responsibility to find another mode of communication to contact your provider.
- What can End Users ask Health Experts using the Services?
As an End User, you can ask Health Experts basic health questions and address concerns such as:
- Your symptoms
- Medications and side effects
- Reliable self-care home treatments
- Self-help and support groups
- When to go to your doctor
- When to go to the emergency room
- Local physician and hospital resources
- Wellness information
- Your questions and concerns regarding non-urgent and non-emergency conditions.
Even if you ask a Nurse-1-1 Health Expert or Agent about your concerns, you also should speak with or see your doctor, or go to urgent care for pressing issues, such as if you:
- Run out of medicine
- Have questions about your medicine
- Have an earache, cough or cold
- Have a small cut, burn or bruise
- Need shots
- Have a cough but no wheezing
- Need a note for work
- Are feeling worse
- Your symptoms are worsening or not improving
Even if you ask a Health Expert about your concerns, you should go to the emergency room if you think you have an urgent or emergent health issue, such as:
- Having a hard time breathing
- chest pain
- Serious bleeding
- Suddenly being unable to move or speak
- Passing out (fainting)
- Hit your head and pass out
- Have a severe headache
- Having vision changes
- Are poisoned
- Have deep cuts or serious burns
- Are attacked (by a person or an animal)
- Have broken bones, or sudden serious pain and swelling in a joint
- Are thinking of hurting yourself or someone else
- Have a cough and wheezing
- Have an asthma attack
- Or any other medical condition that concerns you and/or is affecting you seriously
These limitations are important to understand because Nurse-1-1 cannot know the specific physical, emotional or mental health of End Users. Moreover, we are working independently of these Health Experts — which means we do not directly provide medical treatment or care.
- Additional Policies & Disclaimers
Neither Nurse-1-1 nor the Health Experts are required to report if someone is suicidal or a threat to others. However, Health Experts will be prepared to respond appropriately in the event such a circumstance arises.
Health Experts are not positioned to treat high levels of emotional distress, such as:
- Threatening to harm self or others
- Self-mutilation (“cutting”)
- Acting out
- Aggressive behavior
- Emotional outburst
- Loss of rationality
- Venting, screaming, swearing, etc.
- High energy output
ANY END USER WHO IS EXPERIENCING SUCH HIGH LEVELS OF EMOTIONAL DISTRESS SHOULD SEEK IMMEDIATELY APPROPRIATE ALTERNATIVE RESOURCES, SUCH AS THE CONTACT INFORMATION FOR THE NATIONAL SUICIDE PREVENTION HOTLINE, 988 OR (800) 273-8255, HTTP://SUICIDEPREVENTIONLIFELINE.ORG/ OR OTHER EQUIVALENT RESOURCES.
Nurse-1-1 is not an insurance provider nor are we a prescription fulfillment warehouse.
End Users agree that all information provided to or through the Services, including your medical history provided in a chat with a Health Expert, will be accurate and complete. You accept the risk associated with providing false or inaccurate information and will not hold Nurse-1-1 or any other party associated with the Services accountable for any outcomes arising from or in any way related to your provision of inaccurate information.
The Services may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use the Services.
You will be asked to supply certain information relevant to any payments required for the Services, including information about your method of payment (such as your payment card number and expiration date) and your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY PAYMENT.
You further agree to provide current, complete, and accurate information in connection with all payments for the Services. You agree to promptly update your account and other information, as applicable, so that we can process your payment and contact you as needed. By submitting any information in connection with an order, you grant to Nurse-1-1 the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of an order.
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You authorize Nurse-1-1 to immediately charge your credit card or other payment account provided for all fees and charges due and payable and agree that no additional notice or consent is required. If any services or payments for use of the Services are subject to sales tax in any jurisdiction, you will be responsible for payment of such sales tax and any related penalties or interest, and will indemnify Nurse-1-1 for any liability or expense incurred in connection with such sales taxes (including any use tax and any other tax measured by sales proceeds that Nurse-1-1 is permitted to pass to you) and Nurse-1-1 may automatically charge and withhold such taxes for services to be delivered within any jurisdictions that it deems is required. Unless otherwise agreed to by Nurse-1-1 in writing, all fees paid are non-refundable. If you ever have questions about your fees or charges, please contact us at email@example.com.
Fee Structure and Changes
Our Services are free to End Users if the End User’s healthcare provider, insurance plan, Nurse-1-1 customer, or a local clinic in the End User’s area is partnered with us. For all other cases, we will charge you a flat fee each time you use the Services. The applicable fee will be presented for your acceptance and payment prior to each use of the Services. Nurse-1-1 reserves the right to modify any aspect of our fee structure for End Users at any time.
Except when otherwise required by law, paid fees are non-refundable.
When you create an account with us, you guarantee that you are of the age of 18 years or above or of the legal age to create a binding contract (whichever is greater), located within the United States, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services.
You are responsible for maintaining the confidentiality of your account and password, including the restriction of access to your computer, phone, and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your mobile device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Nurse-1-1 does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
Certain industries receive a higher number of abuse complaints compared to others, and such complaints can directly affect our capacity to offer the Services to other clients. In order to safeguard the interests of our Customers, we retain the right to terminate your usage of the Services if you do not belong to the healthcare, digital health, pharmaceutical, and/or life sciences industry.
Intellectual Property Rights
The Services and all of their content, features and functionality, including information, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof (collectively, the Content”) is owned by Nurse-1-1, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We are providing you with access to the Services pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license, subject to these Terms. This license is available to you as long as you are not barred from the Services by applicable law and your access is not terminated by us. If these Terms are not enforceable where you are located, you may not use the Services. Nurse1-1 reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit or otherwise exploit any of the Content, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
- Modify copies of any the Content.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Content.
- Access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
If you wish to make any use of the Content other than that set out in this section of the Terms, please address your request to: firstname.lastname@example.org.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Content in breach of the Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the Content you have made. No right, title or interest in or to any aspect of the Services, including the Content, is transferred to you, and all rights not expressly granted are reserved by the Nurse-1-1. Any use of the Services or Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The names “Nurse-1-1” and “Videwell,” the Nurse-1-1 Logo, and all related names, logos, product and service names, designs and slogans are trademarks of Nurse-1-1 or its affiliates or licensors. Accordingly, you are prohibited from using such marks without our prior written permission. All other names, logos, product and service names, designs and slogans displayed on or included in Services are the trademarks of their respective owners.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
- In any way that violates any applicable federal, state, local or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Nurse-1-1, a Nurse-1-1 employee, another user or any other person or entity (including by using e-mail addresses or screen names associated with any of the foregoing).
- To 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 Nurse-1-1 or users of the Services or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair any aspect of the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material displayed on or included in the Services.
- Use any manual process to monitor or copy any of the material displayed on or included in the Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Services.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, or download or distribute any file without the legal authority to do so.
- ● Use the Services to harvest or collect information about others, including email addresses, without their express consent.
- ● Use the Services to send, transmit, handle, distribute, or deliver any communication utilizing: invalid, misleading, or forged headers or subject lines; invalid or non-existent domain names; methods to misrepresent, conceal, or obscure information regarding the origin or transmission path of the communication; a third party’s internet domain name without their express consent; or the use of a third party’s equipment without their permission.
- ● Assist users from embargoed countries, individuals listed in the U.S. Commerce Department’s Denied Persons List or Entry List, the U.S. Treasury Department’s List of Specially Designated Nationals, or similar sanctions lists in accessing the Services.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which any aspect of the Services is stored, or any server, computer or database connected to the Services.
- Use the Services to use, monitor, or reference another person’s property, unless you have obtained express prior consent.
- Use the Services in a manner that results or could result in the blacklisting of any Nurse-1-1 IP addresses, domains, or customer domains.
- Access or attempt to access the Services using another user’s login credentials;
- Attack any aspect of the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
- Use the Services in a manner that infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
- Engage in any conduct in connection with your use of the Services that is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Nurse 1-1 in our sole discretion.
- Violate or encourages anyone to violate these Terms.
Without limiting the scope of the foregoing requirements—which apply to all users of the Services—Customers are responsible for moderating content and activity of End Users on their Widget. Any content or activity that violates these Terms may result in the termination of your usage of the Services.
We shall have the right—but, to be clear, not the obligation—to monitor, evaluate, and analyze any use of and access to the Services for any reason, including to determine compliance with these Terms. We also kindly urge users of the Services to notify us of any suspected breaches of these Terms. To report such instances, please forward information or evidence related to the breach to support@Nurse-1-1.com. We maintain a policy of thoroughly investigating all reports and responding accordingly as we deem appropriate.
Links to Other Web Sites
The Services may contain links to third party websites or services that are not owned or controlled by Nurse-1-1.
Nurse-1-1 has no control over, and assumes no responsibility for the content, privacy policies, or practices of any such third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Nurse-1-1 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
Liability of Nurse-1-1
The use of the Services is entirely at your own risk. When using the Services, information will be transmitted over a medium that is beyond the control of Nurse-1-1. Accordingly, Nurse-1-1 assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.
The Services are provided on an “as is” basis and your use of the Services is at your own risk. NURSE-1-1, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Nurse-1-1 makes no representations or warranties about the accuracy, reliability, completeness or timeliness of the Services or the information available or received through the Services, including information provided by Health Experts or Agents.
In no event shall Nurse-1-1, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns be liable for any damages (including, without limitation, direct, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not Nurse-1-1 is advised of the possibility of such damages. You expressly agree that under no circumstances will Nurse-1-1 be liable for any personal injury, including death, caused by your use or misuse of the Services.
Nurse-1-1, Health Experts, and other applicable, approved users of the Nurse-1-1 are not responsible for unauthorized access of protected health information once delivered to the patient.
The mention of a health care provider or Health Expert on the Servcies does not constitute or imply a recommendation or endorsement by Nurse-1-1, the health care provider, or Health Expert.
Nurse-1-1 is not liable to you or anyone else for any decision made or action taken based on use of the Services.
The Nurse-1-1 Everywhere Extension for Google Chrome and Safari may leave remnants of application settings and log files on your device even after the Nurse-1-1 Everywhere Extension has been uninstalled.
Notice and Takedown Procedures; Copyright Agent
If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) by contacting Nurse-1-1’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complaint of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
When we receive a report of copyright infringement, we may give notice to the relevant user by means of a general notice on the Services, email to the user’s address in our records, or written communication sent by first-class mail to the user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to our copyright agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- 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 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, telephone number, and a statement that you consent to the jurisdiction of a federal district 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 found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Nurse-1-1’s agent for copyright issues relating to this web site is as follows:
101 Middlesex Tpke, Ste 6 PMB 369
Burlington, MA 01803-4914
In an effort to protect the rights of copyright owners, Nurse-1-1 maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Website who are repeat infringers.
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever including if we believe you have breached these Terms.
All provisions of these Terms which by their nature should survive termination shall survive termination, which you agree shall include all provisions relating to our ownership of the Services, all warranty disclaimers, indemnification requirements, limitations of liability, and the Dispute Resolution & Agreement to Arbitrate and Governing Law & Forum sections.
Dispute Resolution & Agreement to Arbitrate
By using the Services, you and Nurse-1-1 agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:
Notice Nurse-1-1: You must send notice (1) by electronic mail to Support@nurse-1-1.com and (2) by first-class or certified mail to: VideWell Inc. 101 Middlesex Tpke, Ste 6 PMB 369 Burlington, MA 01803-4914
- Notice to You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by electronic mail to the email address we have on file for you (if any). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by such means as we deem reasonable.
Both you and Nurse-1-1 agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.
All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by this agreement to arbitrate), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and Nurse-1-1 agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Notwithstanding the foregoing, in lieu of arbitration either you or Nurse-1-1 may (1) bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claim is brought and maintained on an individual basis.
Governing Law & Forum
These Terms shall be governed and construed in accordance with the laws of The United States (including federal arbitration law) and the Commonwealth of Massachusetts, , without regard to any conflict of law provisions.
Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in such courts. You further agree that any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective or representative capacity, and that you waive your right to a jury trial with respect to any such action.
You and Nurse-1-1 acknowledge that these Terms evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
We May Update this Agreement
- Interpretation. In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall not limit the generality of the language preceding such term. Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, forth, or breadth of any other disclaimers or limitations of liability in these Terms.
- No waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Nurse-1-1 does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Nurse-1-1 has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Nurse-1-1’s rights, and all such rights or remedies shall still be available to Nurse-1-1.
- Severability. If any provision of these Terms is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
- Entire Agreement. These Terms set forth the entire understanding and agreement between us with respect to your use of the Sites.
- Assignment. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.
- No Relationship. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Nurse-1-1.
- Notice to California Residents. You may reach at the contact information provided below in the “CONTACT US” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you have any questions about these Terms, please contact us at email@example.com.