Terms of Service
Last Updated:
October 24, 2020
Proximal, LLC provides Services (our Services) through this site for eligible users who have accepted these Terms of Service. In order to use all of our Services you must be an Eligible Person as defined in the Policy and Premium must be paid by you or on your behalf.
Information You Should Review Carefully
Our Terms of Service govern everyone’s use of our Services.
Our Privacy Policy contains important information regarding our collection, protection and ability to disclose your information
We may make changes to our Services, these Terms of Service and our Privacy Policy at any time. We encourage you to review our site regularly for any such changes. Your continued use of our Services will constitute your acceptance of such changes.
1. We Are Not Providing Medical or Financial Advice
OUR SERVICES DO NOT CONSTITUTE MEDICAL ADVICE, MEDICAL DIAGNOSIS OR TREATMENT, MEDICAL CARE, OR FINANCIAL ADVICE.
Our Services are created to provide you with information about health care for general informational purposes and are not intended to provide you with specific health care advice or instructions. The information is not intended to diagnose, cure, treat or prevent disease for individuals. We do not practice medicine or professional health care of any type in any jurisdiction.
2. Permission to Contact
By providing us with your contact information, you expressly consent to and give your permission for us to contact you directly, including by text message and with the use of automatic dialing technology, at any phone number, email address or mailing address we have on record for you, whether such information was provided by you or another third party.
3. Your Privacy Is Protected
Your privacy is important to us and we protect your personal information. Please refer to our Privacy Policy to learn more about:
What information we collect
Why we collect your information
How and when we share your information
Your rights with respect to your information
4. Permitted Use Of Our Services
You agree to access and use our Services in accordance with these Terms of Service and only for your personal, non-commercial use, and not to transfer your access rights to anyone else. Your license to use our Services is conditioned on your ongoing compliance with these Terms of Service.
5. Restrictions On Use Of Our Services
You agree that all of your activities on our Services will be appropriate and related to your use of our Services. By way of example, you agree that you will not:
Post, transmit or submit any unlawful, infringing, misleading, deceptive, threatening, libelous, defamatory, plagiarized, false, fraudulent, harassing, obscene, discriminatory, inflammatory, pornographic or profane material or information, any spam, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate applicable law or the rights of others;
Attempt to access the accounts or information of any other user of our Services;
Translate, modify or create derivative works of our Services;
Upload, download, recreate, display, perform, post, reproduce or copy our Services, except as permitted by these Terms of Service;
Disclose, publish, distribute, sell, assign, lease, sublicense, market or transfer our Services;
Attempt to derive the source code, source files or structure of the software contained in our Services by reverse engineering, disassembly, decompilation or any other means;
Use our Service except in accordance with all applicable law;
Introduce into our Service any “malware;”; or
Use any of the logos, trademarks, service marks, or other indicators of origin appearing on our Services.
6. Copyrights, Trademarks And Other Proprietary Rights
We retain all ownership rights in our Services. You do not receive any ownership rights or license rights by accessing or using our Services. The entire content of our Services including the text, design, software, photography, video, graphics, music, sound and information, and the selection, coordination, arrangement, and enhancement of all of them, is protected under the copyright laws of the United States, international treaties and other intellectual property laws.
7. Disclaimers and Warranties
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, WE DO NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
8. Limitations On Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. THE PHYSICIANS ON OUR SITE ARE NOT OUR AGENTS AND WE ARE NOT RESPONSIBLE FOR THE QUALITY OF THE CARE THEY PROVIDE OR FOR ANY DIAGNOSIS, TREATMENT, OR OTHER MEDICAL ERRORS WHICH MAY RESULT IN MEDICAL MALPRACTICE CLAIMS. IN ANY EVENT THE LIMIT OF OUR LIABILITY FOR ANY LOSS, DAMAGE, CLAIM, OR EXPENSE IS $100.
9. Termination
Subject to applicable law, we reserve the right at any time, without prior notice and in our sole discretion, to suspend or terminate your account or deny you access to all or any portion of our Services if (i) you fail to comply with these Terms of Services, (ii) you provide information that is deceptive or misleading, or (iii) you cease to be eligible for the Services. You agree that, on termination, we may immediately deactivate or delete your account and all related information, bar your further access to such information and our Services, and disable your password (if applicable).
10. Use Outside The U.S
We control our Services from our offices within the United States, and your information is stored in a database managed by us in the U.S. We make no representation that use of our Services outside the United States is appropriate or complies with applicable local laws. Access to our Services where the content or access or use of our Services is illegal is prohibited.
11. Will These Terms of Service Change?
Yes, as allowed or required by applicable laws, we may modify our Terms of Service at any time. We encourage you to check back often to review any changes. We will provide you with notice of any significant or material changes to Terms of Service when you sign in to our website or user experience. A material change is any change that affects how your data is used or shared in any way that is not already described within this policy.
We may send you notice of any changes to these Terms of Service to the email address we have on file for you.
If we make any change to these Terms of Service, we will always update the “Last Updated” date.
12. Entire Agreement and Governing Law
These Terms of Service (including our Privacy Policy) are the entire and exclusive agreements between you and us with respect to your access to and use of our Services, and they may be modified at any time.
The laws of Minnesota, excluding Minnesota’s conflict of laws rules, will apply to any disputes arising out of or relating to the Services and/or these Terms of Service.
13. Contact Us
For any questions or comments related to this or the other documents referenced within this document you may contact us by using the contact form on our site.