Last Updated: May 27, 2022
PLEASE NOTE, RENEE IS AN ADMINISTRATIVE AND TECHNOLOGY SERVICE PROVIDER AND DOES NOT PROVIDE ANY HEALTHCARE SERVICES, NOR DOES IT REFER OR RECOMMEND ANY PHYSICIAN OR MEDICAL PRACTICE OR ANY OTHER MEDICAL PROVIDER OR PERSONNEL. THE SERVICE IS NOT MONITORED 24/7, SO DO NOT USE THE SERVICE IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911 OR CALL THE NATIONAL SUICIDE PREVENTION LIFELINE AT 1-800-273-8255 OR THE NATIONAL POISON CONTROL HOTLINE AT 1-800-222-1222 FOR IMMEDIATE ASSISTANCE.
USE OF THE SERVICE.
COMMUNICATIONS FROM RENEE.
In order to provide you with the Service, we will need to communicate with you in a variety of ways, including by e-mail, text message, calls, and push notifications. By using the Services, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your account or the use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning Renee. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY REPLY WITH THE WORD “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN REPLY WITH THE WORD “STOPALL” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE SERVICES.
- Provide all equipment and software necessary to connect to the Service, including but not limited to, a mobile device that is suitable to connect with and use the Service and you are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service;
- Use the Service for lawful purposes only;
- Ensure all personal and medical information you provide to the Service is kept current and updated, including, without limitation, updating your contact information, including your email address, in the Service; and
- Notify Renee immediately of any unauthorized use of your account or password, or any other breach of security. You understand you remain responsible, and may be held liable, for any activity on your account resulting from your failure to keep your account information secure and confidential.
You Must Not:
- Use the Service in a manner other than as permitted by these Terms;
- Provide access to the Service to any third party even if acting on your behalf;
- Reverse engineer the Service or assist another in the same;
- Engage in any fraudulent, illegal or unauthorized use of the Service;
- Use the Service or the content for any purpose or make any other actions in violation of local, state, national, or international laws or regulations;
- Violate any code of conduct or other guidelines which may be applicable.
- Attempt to interfere with or disrupt our Service, servers or networks;
- Use the Service for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access;
- Aggregate, copy, duplicate, publish, or make available to third parties outside the Service in any manner any of the content or any other materials or information available from the Service;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as intellectual property, rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- Use the Service to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation;
- Falsify or delete 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 uploaded; and
- Engage in any other action that, in the judgment of Renee, exposes it or any third party to potential liability or detriment of any type.
TERM AND TERMINATION.
The Service, and the information and content available on them, are protected by applicable intellectual property laws. You understand and acknowledge that the software, code, proprietary methods and systems, content, and trademarks used to provide the Services (“Intellectual Property”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. You acknowledge that the Intellectual Property provided through the Services are provided under license, and not sold, to you. Our Intellectual Property may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors.
You grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, any information uploaded or otherwise transmitted to the Service by you (in whole or in part) for the purposes of operating and providing Service.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Service (collectively “Feedback”), we will maintain these submissions in our sole discretion and consider such to be irrevocably transferred to Renee. You understand and agree that by providing this Feedback to us that you are irrevocably assigning any rights you may have in such to Renee and that Renee shall have the right, but not the obligation, to use this Feedback perpetually, free of charge, and throughout the world without restriction.
ACCURACY OF INFORMATION ON SERVICE.
THE INFORMATION AND OTHER MATERIALS WE MAKE AVAILABLE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE INTENDED TO SUPPORT THE RELATIONSHIP BETWEEN YOU AND YOUR HEALTHCARE PROVIDER(S), NOT REPLACE IT. AS SUCH, EXCEPT FOR SPECIFIC COMMUNICATIONS RECEIVED DIRECTLY FROM YOUR PROVIDER(S) THROUGH THE SERVICE, NONE OF THE SERVICES OR CONTENT YOU RECEIVE THROUGH THE SERVICE SHOULD BE CONSIDERED PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, OR TREATMENT.
DISCLAIMER OF IMPLIED WARRANTIES.
WE PROVIDE THE SERVICE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICE. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE HEALTH CARE RENDERED BY THE PROVIDER THAT MAY BE FACILITATED THROUGH THE USE OF THE SERVICE WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE DO NOT GUARANTEE THAT ANY SUCCESS OR RESULTS WILL BE ACHIEVED BY YOU THROUGH THE USE OF THE PLATFORM OR THAT THE PLATFORM IS SUITABLE OR USEFUL YOUR PURPOSES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTERS OR OTHER ELECTRONIC DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. YOU USE THE SERVICE AT YOUR OWN RISK.
RENEE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. FURTHER, YOUR USE OF THE SERVICES, INCLUDING ANY COMMUNICATIONS BETWEEN YOU AND YOUR HEALTHCARE PROVIDER(S) THROUGH THE SERVICE DOES NOT CREATE ANY DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND RENEE. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT ANY SUCH DOCTOR-PATIENT RELATIONSHIP, OR OTHER SIMILAR RELATIONSHIP, THAT MAY BE FORMED IS SOLELY BETWEEN YOU AND YOUR HEALTHCARE PROVIDER(S).
YOU ACKNOWLEDGE AND AGREE THAT RENEE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK RENEE LIABLE, FOR ANY ADVICE OR INFORMATION PROVIDED BY YOUR HEALTHCARE PROVIDER AND/OR THE CONDUCT OF YOUR HEALTHCARE PROVIDER OR THIRD PARTIES ON THE SERVICE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM YOUR INTERACTIONS WITH YOU PROVIDER OR ANY OTHER SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. WE DO NOT (a) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED, MADE AVAILABLE, OR OTHERWISE SUBMITTED OR ACCESSED TO OR THROUGH THE SERVICE; OR (b) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR OR ANY THIRD PARTY’S RELIANCE ON INFORMATION PROVIDED, MADE AVAILABLE, OR OTHERWISE SUBMITTED OR ACCESSED TO OR THROUGH THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT RENEE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OR CARE PLANS PROVIDED BY YOUR PROVIDER OR THE SERVICE.
RENEE DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PROVIDERS, TESTS, PROCEDURES, PRODUCTS, OPINIONS, OR OTHER MEDICAL INFORMATION THAT MAY APPEAR ON THE SERVICES. FURTHER, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROFESSIONAL QUALIFICATIONS, EXPERTISE, OR QUALITY OF WORK OF YOUR PROVIDER(S). IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR THE ACTIONS OR INACTIONS OF YOUR PROVIDER(S) OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR PROVIDER(S) IS SOLELY RESPONSIBLE FOR OBTAINING ALL CONSENTS AND AUTHORIZATIONS REQUIRED BY LAW WITH RESPECT TO THEIR PROVISION, AND YOUR RECEIPT, OF CLINICAL SERVICES, INCLUDING CONSENTS RELATING TO YOUR RECEIPT OF TELEHEALTH SERVICES, TO THE EXTENT APPLICABLE AND REQUIRED, THROUGH THE SERVICE.
LIMITATION OF LIABILITY.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR, OUR PARENT AND OUR SUPPLIERS’ CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE EXCEED $100.
WE, OUR PARENT, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OR RELIANCE ON MATERIALS CONTAINED IN THE SERVICE OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, PROVIDERS AND SUPPLIERS, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LINKS TO THIRD PARTY SERVICES.
The Service may contain links to websites or services operated by other parties as a convenience, and your use of these sites and services is at your own risk. The linked sites and services are not under the control of Renee and we are not responsible for the content available on these third-party sites.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Renee and limits the manner in which you can seek relief from us.
14.1 Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Service, or to any aspect of your relationship with Renee, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Renee may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
14.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Renee. The arbitration will be conducted by JAMS. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by the JAMS’s rules. Renee will reimburse all such filing, administration and arbitrator fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
14.4 Waiver of Jury Trial. YOU AND RENEE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Renee are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
14.5 Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE PATIENT OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PATIENT OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other disputes, claims, or requests for relief shall be arbitrated.
VOID WHERE PROHIBITED.
Renee is based in the United States. We provide Service for use only by persons located in the United States. We make no claims that the Service is appropriate outside of the United States. Use of the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Use of our Service is void where prohibited.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.