Respo Health LLC TERMS OF USE

TERMS OF USE

Welcome to the Respo Health LLC Service (defined below). By using our Service, you are agreeing to this Agreement and these Terms of Use (defined below). Please read them carefully.

These Terms of Use were last updated on November 7^th,2023.

ACCEPTANCE OF TERMS OF USE

This Terms of Use Agreement (“Agreement”) is made by and between Respo Health LLC (hereinafter “Respo Health” “we” or “us” or “our”), a Domestic Limited Liability Company with jurisdiction in Illinois, and you, the user (“you”, “your” or “User”). Respo Health owns and operates the website www.respohealth.com, the mobile and touch versions of such site, any sites we have now or in the future that reference this Agreement, and any other services provided by us, such as those listed in Section 1 “About the Service” (collectively, the “Service”)

The most current version of this Agreement can be reviewed by going to respohealth.com/term-of-use .

The Privacy Policy, together with this Agreement, and any other terms contained herein or incorporated herein by referenced, are collectively rereferred to as the “Terms of Use.” The term “using” also includes any person or entity that accesses or uses the Service with crawlers, robots, data mining, or extraction tools or any other functionality.

By clicking the "i agree" button below or by accessing, visiting, browsing, using, or attempting to interact with or use any part of this service, or other Respo Health software, services, websites, content, previously defined as the "services", you agree that you have read, understand, and agree to be bound by this agreement. You also agree to our privacy policy, incorporated herein by reference and located at respohealth.com .

If you do not agree to be bound by this agreement, do not access or use any part of this service. Respo Health reserves the right, with or without notice, to make changes to this agreement at Respo Health's sole discretion. Continued use of any part of this service or the services constitutes your acceptance of such changes.

1. About the Service

The Service provides an easy-to-use platform to caregivers and senior citizens for a wholesome solution at a single place through a website, phone, or a tablet device. The Service provides a number of tools and features to its users including, but not limited to, access to chronic healthcare management program with urgent care, care coordination and care team monitoring health via devices and calls, online community of disease based groups to share information with each other, audio, video, messaging communication with family & providers, holistic workshops with easy to use interface.

2. Access to the Service

The Service is not intended for children under the age of 18 (or applicable age in your country or jurisdiction) and children under 18 (or applicable age in your country or jurisdiction) should not use the Service. As a condition of your use of the Service, you agree that you are at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established; you are able to create a binding legal obligation; and you are not barred from receiving products or services under applicable law.

3. Service Provider Terms and Conditions.

When you order services through Respo Health Concierge, and a ride, product, or service is provided to you, you agree to be bound by and be obligated by the Terms and Conditions of the service provider used for your ride or service in effect on the date the ride is taken, and authorize Respo Health to accept those Terms and Conditions on your behalf.

4. Chronic condition management service.

Our goal is to improve control of chronic health conditions and reduce gaps in care. Respo Health clinical team will provide telehealth based urgent care, health monitoring, care coordination, and health coaching to improve control of chronic conditions. The patient will continue to seek care with their Primary Care Physician.

• Patient will have a comprehensive evaluation by a clinical expert in chronic disease management through telemedicine.
• If the patient meets clinical requirements, then they can receive additional monitoring devices at home.
• A comprehensive care plan will be put together to advance better control of the chronic conditions.

Respo Health application will be provided with or without a tablet device to help with reaching the care team and documenting all the measurements. These devices will be loaned to the patient as long as they are enrolled in Respo Health program. It will be the patient’s responsibility to return Respo Health devices to Respo Health once disenrolled from the program.

Respo Health team of clinicians and care providers will be available and continuously monitor the data collected through the remote devices. Any abnormal results will generate a text message or phone call to the patient to discuss appropriate management strategy. Three attempts will be made to contact the patient with every alert. The patient may proactively reach out to the team at given phone number or through the application on their tablet.

 

5. Health Care Disclosure for website and mobile app or tablet device.

The content available via mobile app offered herein are here to educate consumers on health care and medical issues that may affect their daily lives. Nothing in the content should be considered, or used as a substitute for, medical advice, diagnosis or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs or sign up for Respo Health Chronic care program to receive care. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the app.

6. No Co-Branding Or Framing

You may not use or authorize any party to co-brand or frame any Respo Health Service without the express prior written permission of an authorized representative of Respo Health in each instance. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Service or content accessible within this Service. For purposes of these Terms of Use, "framing" refers to displaying any Respo Health webpage or mobile application page within a bordered area of another website, regardless of whether the address of the originating Respo Health Service is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately upon notice from Respo Health.

7. Limited License to the Service

Subject to your complete and ongoing compliance with this Agreement, we grant you, solely for your personal and non-commercial use (except as expressly provided in this Section 9.1), a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

8. Hyperlinking

This Service may be hyperlinked to and by other websites or mobile applications which are not maintained by or related to Respo Health. Hyperlinks to such sites or mobile applications are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with the Service or Respo Health. Respo Health has not reviewed any or all of such sites or mobile applications and is not responsible for the content of any linking sites, and any links made directly from a Respo Health Service to another web page should be accessed at the User's own risk. Respo Health makes no representations or warranties about the content, completeness, quality or accuracy of any such website or mobile applications, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Service.

9. Use of Communication Services

Respo Health's Service may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. Users are required to treat others with respect.

• You do not have the right to post, including without limitation personal information, pictures, videos or any other media of another person without their express permission, and any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);

• Advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;

• Is vulgar, obscene, pornographic, incendiary, or indecent;

• Threatens or abuses others;

• Is libelous or defamatory towards others;

• Is racist, bigoted, hateful, abusive, harassing, threatening or offensive;

• Seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;

• Harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;

• Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;

• Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);

• Advertises any commercial endeavor (e.g., offering for sale products or services), solicits funds, advertisers or sponsors for any purpose, or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Service;

• Violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;

• Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;

• Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this Service;

• Amounts to a pyramid or other like scheme, including without limitation spam, junk mail, contests, chain letters, and surveys;

• Disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of this Service and/or any networks connected to this Service;

• Registers, subscribes, or unsubscribes any party for any Respo Health product or service if you are not expressly authorized by such party to do so;

• Deletes or revises any material posted by any other person or entity; or

• Contains hyperlinks to other sites that contain content that falls within the scope of this Section.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Respo Health nor any third party that provides Content to Respo Health will assume or have any liability for any action made by Respo Health or such third party with respect to any submission.

10. Term, Right to Terminate Access, and Modification of the Service

This Agreement is effective when you accept it, or otherwise access or use the Service. Respo Health reserves the right to monitor use of the Service to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. Respo Health reserves the right to terminate your access to any or all of the Service at any time without notice for any reason whatsoever. You may terminate your account and this Agreement at any time by contacting Respo Health at support@respohealth.com , and requesting that your account be deleted. Upon termination of this Agreement, all licenses given to you automatically terminate and you must immediately cease your use of the Service.We will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

11. Disclosure Under Law

Respo Health reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

12. Disclaimer & Limitations of Liability.

YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. THE CONTENT, SERVICE, AND ALL MATERIALS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY. RESPO HEALTH MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF RESPO HEALTH AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100.

13. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD RESPO HEALTH, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SERVICE.

14. Trademarks and Copyrights

Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, "Intellectual Property") appearing on this Service are the property of Respo Health or the party that provided the Intellectual Property to Respo Health. Respo Health and any party that provides Intellectual Property to Respo Health retain all rights with respect to any of their respective Intellectual Property appearing in this Service and do not transfer at any time to user and/or any other third party.

15. Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Respo Health all of the written information specified below. Please note that this procedure is exclusively for notifying Respo Health and its affiliates that your copyrighted material has been infringed. Please include the following:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Service, including the current Website address;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

16. Disputes

If there is any dispute about or involving these Terms of Use, the Service, and/or any Communications Services, you agree that any dispute shall be governed by the laws of the State of Illinois, notwithstanding any principles of conflicts of law. If for any reason a Dispute (defined below) proceeds in court, you specifically consent to personal and exclusive jurisdiction by and venue in the State and Federal courts of Cook County, Illinois/Northern District of Illinois in connection with any dispute between you and Respo Health arising out of or involving this Agreement, the Service and/or any Communications Services. You agree to waive any right to a trial by jury. You and Respo Health agree that the Federal Arbitration Act, the relevant rules, applicable federal law, and the laws of the State of Illinois, without regard to principles of conflicts of law, will govern this agreement for dispute resolution under Section 31, and any Disputes.

17. Binding Arbitration

Except as specifically stated herein, any dispute or claim between you and Respo Health and/or its affiliates, members, officers, directors, and employees arising out of, relating in any way to, or in connection with the Terms of Use, the Service or your use of the Service, your personal information, or any other matter arising between you and Respo Health or any of its affiliates, or its subsidiaries (“Dispute(s)”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. The provisions of this Section 31 shall constitute your and Respo Health’s written agreement to arbitrate Disputes under the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association and conducted before a single arbitrator pursuant to its rules. The arbitrator will apply and by bound by this Agreement, apply applicable law and the facts, and issue a reasoned award, if appropriate.

18. No Class Action Matters.

We each agree that we shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.

19. Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Boulevard, Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service, or to receive further information regarding use of the Service.

20. International Use

The Service is intended for users located within the United States & Canada. We make no representation that the Service is appropriate or available for use outside of these countries or territories. Access to the Service from or in countries or territories or by individuals where or for whom such access is illegal is prohibited.

21 . AGREEMENT TO PARTICIPATE IN HOLISTIC WORKSHOPS

• • I agree to participate in these online classes with these understandings:
    1.If I, the undersigned, suffer from any pre existing injuries or disease, I will consult with my physician or health practitioner before participating in these classes.
    2. I assume full responsibility for any risks, injuries or damages known or unknown which might incur while attending these classes online.
    3. I am voluntarily waiving any claim against the website, RESPO HEALTH, the instructor and any staff of the RESPO HEALTH business for any injury I may sustain as a result of taking these online classes.
    4. I am responsible for being able to clearly see and hear the instructions properly on my device in order for me to understand the instructions in the class.

22. Miscellaneous

Please report any violations of this Agreement to Respo Health at support@respohealth.com or by calling 866-218-7209 . If you have any questions regarding this Agreement, please contact us at support@respohealth.com .

 

• 22.1 If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
• 22.2 You agree that no joint venture, partnership, employment, or agency relationship exists between you and Respo Health as a result of this Agreement or use of Respo Health’s Services.
• 22.3 These Terms of Use, including, without limitation other terms incorporated by reference, constitute the entire agreement between you and Respo Health relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Respo Health with respect to Respo Health's Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Service or any of its Services. Respo Health may revise these Terms of Use at any time by updating this posting. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the Service after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.
• 22.4 The failure of Respo Health to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Respo Health must be in writing and signed by an authorized representative of Respo Health.
• 22.5 The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Please report any violations of this Agreement to Respo Health at support@respohealth.com or by calling 866-218-7209 If you have any questions regarding this Agreement, please contact us at support@respohealth.com