Welcome to the Faros Health ENLIGHT Platform (“ENLIGHT”). This document contains important information that you need to consider before using ENLIGHT.
The following End User License Agreement (the “EULA” or the “Agreement”) constitute an agreement between you and Faros Health, Inc. (“Faros Health,” “we,” or “us”), the operator of ENLIGHT and related websites, applications, services and mobile applications, and all associated services (collectively, the “Services”) provided by Faros Health and on/in which this EULA are posted or referenced. Some Services may require you to agree to additional terms specific to those Services, which terms will be presented to you prior to your use of those Services and are deemed part of this EULA. For the purposes of this EULA, the “Services” include, without limitation, eligibility information, price estimates, provider and facility information, and scheduling services.
This Agreement constitutes a contract between you and us that governs your access and use of the Services. That means you agree to all the terms and conditions of this Agreement by accessing and/or using our Services. If you do not agree, then you may not use the Services. As used in this Agreement, “you” means any visitor, user, or other person who accesses our Services, whether or not such person registered for an ENLIGHT Account (as defined in Section 1).
If your use of the Services is terminated for any reason, then: (a) this Agreement will continue to apply and be binding upon you with regard to your prior use of the Services (as well as any subsequent and unauthorized use of the Services), including your indemnification obligations as described herein; and (b) any rights or licenses granted to us under this Agreement will survive such termination.
Faros Health’s collection and use of Personal Data in connection with the Services is described in Faros Health’s Privacy Notice (“Personal Data” as defined therein).
IMPORTANT: PLEASE REVIEW THE ARBITRATION NOTICE AND CLASS ACTION WAIVER IN SECTION 15 BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES BETWEEN YOU AND FAROS HEALTH BY BINDING, INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND FAROS HEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST FAROS HEALTH. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
We are constantly trying to improve our Services, so this EULA may need to change along with our Services. We reserve the right to change the EULA at any time, and if we do, we will place a notice on our site, send you an email, and/or notify you by some other means.
If you don’t agree with the new EULA, you are free to reject it; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the EULA is effective, that means you agree to all of the changes.
Any disputes under this Agreement will be governed by the version of Agreement in effect at the time of the first event which gave rise to the dispute. Except for changes by us as described here, no other amendment or modification of this EULA will be effective unless made in writing and signed by both you and us.
We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one or any part of the existing Services at our sole discretion and without prior notice to you. We may also install bug fixes, updates, patches, and other upgrades to our Services without prior notice to you. Under no circumstances will Faros Health be liable for any suspension or discontinuation of any of the Services or portion thereof, and any use of new features, services, fixes, patches or alterations will be governed by this Agreement. Your only remedy is to discontinue using our Services if you do not want a modification we make to our Services.
If you create an ENLIGHT Account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in this Agreement, except for in this sentence, refer to that individual or entity).
Subject to this EULA, Faros Health grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to use the Services in accordance with this EULA. To benefit from all of the Services we offer, you must create an account (an “ENLIGHT Account”) and provide certain basic information about yourself. If you do provide us with any information, we may use and disclose it as described in our Privacy Notice.
While utilizing the Services, you may encounter certain Content that Faros Health makes available to you. “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, articles, guidance, and other materials provided, made available or otherwise found through the Services, including, without limitation, Content provided in direct response to your questions, postings, or any other information you provide us. You acknowledge that although some Content may be related to or provided by healthcare professionals, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but instead is provided to assist you in choosing a doctor, dentist or other healthcare specialist, professional, provider, organization, or agent or affiliate thereof (collectively, “Healthcare Providers”) or otherwise to be generally informative.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT (INCLUDING BUT NOT LIMITED TO DESCRIPTIONS OF PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION). IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE, REFER, OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED IN CONTENT AND/OR ACCESSIBLE THROUGH THE SERVICES.
Faros Health is not a healthcare provider. The Content that you obtain or receive from Faros Health, its employees, contractors, partners, sponsors, advertisers, licensors, or otherwise through the Services, is for informational purposes only. All medically related information, including, without limitation, information shared via Faros Health social channels, Faros Health emails and text messages, and Faros Health advertising is for informational and communicative purposes only.
WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR HEALTHCARE JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR 911. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, PHARMACY, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
Faros Health is not a referral service and does not refer, recommend or endorse any particular Healthcare Provider, test, procedure, opinion, or other information that may appear through the Services. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including your employer, health plan, and/or plan sponsor; the Healthcare Provider’s office; medical associations relevant to the applicable specialty; your state medical boards; and the appropriate licensing or certification authorities to verify listed credentials and education.
DOCTORS, DENTISTS, NURSES, AND OTHER MEDICAL PROFESSIONALS MAY USE THE SERVICES TO SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR HEALTHCARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM FAROS HEALTH INCLUDING, WITHOUT LIMITATION, FAROS HEALTH SOCIAL CHANNELS, FAROS HEALTH EMAILS OR TEXT MESSAGE, LINKS TO OTHER SITES, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTHCARE PROVIDER IN ANY FIELD.
We have no control over, and cannot guarantee the availability of, any Healthcare Provider. We will not be liable for canceled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Services whatsoever.
In connection with using the Services to obtain information about Healthcare Providers, you understand that:
YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE HEALTHCARE PROVIDER IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON INSURANCE COVERAGE, SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES, AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.
Faros Health or its designee takes certain limited steps to (a) verify that Healthcare Providers listed in the Services hold certain active licenses, certifications or registrations required by law to practice the specialties of the services offered by them through the Services, and (b) verify that Healthcare Providers are not listed in the U.S. Department of Health and Human Services Office of the Inspector General Exclusion database. Faros Health may also exclude Healthcare Providers from our Services who, in Faros Health’s discretion, have engaged in inappropriate or unprofessional conduct (including, but not limited to, conduct in violation of any posted policies).
Faros Health’s lists of Healthcare Providers are not exhaustive. Your employer, health plan, or plan sponsor plan may determine which, if any, Healthcare Providers are listed in the Services. This means that regardless of whether they are listed in the Services, Healthcare Providers may have additional capabilities, specialties, and availability beyond what’s listed through the Services if you contact them directly.
To help you find Healthcare Providers who may be suitable for your needs and enable the maximum choice and diversity of Healthcare Providers appearing in the Services, we will provide you with lists and/or profiles of Healthcare Providers. Any search results are based on information that you and/or your employer, health plan, or plan sponsor provide to us, such as insurance information, geographical location, and healthcare specialty and/or services they provide. They may also be partially based on other criteria (including, for example, Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by you or by other ENLIGHT users, and past experiences of ENLIGHT users with Healthcare Providers). Please note that there may be other Healthcare Providers who meet your search criteria but are not available through Faros Health.
Faros Health (a) does not employ, refer, recommend, or endorse any Healthcare Providers, (b) does not make any representations or warranties with respect to these Healthcare Providers or the quality of the services they may provide, (c) is not responsible for ensuring that information (including credentials) a Healthcare Provider provides about himself or herself is accurate or up-to-date, (d) is not responsible for making sure that Healthcare Providers’ services are actually provided or are up to a certain standard of quality, and (e) does not receive any additional fees from Healthcare Providers for featuring them (i.e., higher or better placement on lists) through the Services. We don’t control the actions of any Healthcare Providers and Healthcare Providers are not our employees. In addition, to the extent that Faros Health serves as a platform for, or provides technical support to, the provider directory associated with your employer, Healthcare Providers will appear in the directory based on criteria determined by your employer, health plan, or plan sponsor, as applicable
The Services are an informational and educational resource for consumers. We may, but have no obligation to, publish Content through the Services that is reviewed by our editorial personnel. No party (including Faros Health) involved in the preparation or publication of such information guarantees that the Content is timely, accurate, or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such Content.
Content related to Healthcare Providers and their practices (“Healthcare Provider Content”) is intended for general reference purposes only. Healthcare Provider Content may be provided by your employer, health plan, and/or plan sponsor or the Healthcare Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Healthcare Provider. While we make efforts to confirm Healthcare Provider Content and keep it up to date, it can change frequently and may become out of date, incomplete or inaccurate at any time. Faros Health does not provide any advice or certification regarding the qualifications of any particular Healthcare Provider.
Procedures, products, services, and devices discussed through the Services are not applicable to all individuals, patients, or all clinical situations. Any procedures, products, services, or devices represented through the Services by your employer, health plan, and/or plan sponsor; Healthcare Providers; advertisers; sponsors; and other participants of the Services, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome, or success.
Insurance, insurance-related, and cost Content (including, without limitation, insurance coverage, benefit Content, and out-of-pocket cost estimates) (“Insurance and Cost Content”) is intended for general reference purposes and for your convenience only. Insurance and Cost Content may be based on Personal Data you provide to us as well as Healthcare Provider Content (such as CPT codes and other encounter data). Insurance and Cost Content may also be provided either directly by your employer, the insurance provider you identify, or via a third-party clearinghouse. Insurance and Cost Content can change frequently and may become out of date, incomplete or inaccurate. You agree that you will (a) provide accurate and complete insurance-related Personal Data, and (b) verify and maintain accurate insurance-related Personal Data (including, without limitation, verifying such Personal Data obtained by automated means from an insurance card you provide). Although Faros Health strives to provide you with accurate Insurance and Cost Content, we are not responsible for any inaccurate, incomplete, or outdated Insurance and Cost Content, and you are responsible for complying with subparts (a) and (b) above.
You may elect to enter certain medical information into the Services, including by specifying a particular medical condition or treatment when you use the Services (“Medical Information”) on behalf of yourself or a third party from whom you have authorization to provide such information. You acknowledge that Faros Health may use the Medical Information you provide in accordance with our Privacy Notice.
When you create an ENLIGHT Account, you will provide an email address and create a password (collectively, “Credentials”). You should keep your Credentials private and not share your Credentials with anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to [compliance@faroshealth.com] . You promise to provide us with accurate, complete, and updated registration information about yourself. You may also be able to connect to the Services maintained by a third-party company, such as Meta Platforms, Inc., Google LLC (“Google”) or Apple Inc. (“Apple”). If you connect to the Services through a third-party service, you give us permission to access and use your information from such third-party service as permitted by such third-party service, and to store your log-in credentials for such third-party service. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on such third-party service. Faros Health has no control over, and assumes no responsibility for, the services, content, accuracy, privacy policies, or practices of or opinions expressed by any such third party.
While it’s free to create an ENLIGHT Account and download our app, you are still responsible for your healthcare expenses. Any charges for any medical or related services rendered by Healthcare Providers will apply and will be entirely your responsibility. You are responsible for ensuring that all information that you provide to Faros Health is accurate and up-to-date, including, where applicable, your insurance information. Some Services may not be available through Faros Health or your Healthcare Provider depending upon a number of factors, including your insurance participation. Ultimately, you must resolve any dispute between you or any Healthcare Provider arising from any transaction hereunder directly with the Healthcare Provider.
You are responsible for all use of the Services and for all use of your Credentials, including use by others who obtain your Credentials. You may only use the Services for lawful, non-commercial purposes. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to or to exceed your authorized access to any of the Services, user accounts, or computer systems or networks, through any means. You may not accumulate or index, directly or indirectly, any Content or portion of the Services (including, without limitation, Healthcare Provider Content, price information, or Insurance and Cost Content) for any purpose whatsoever.
In addition to our rights in this EULA, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce this EULA.
If you are a Healthcare Provider or other person or entity in the healthcare or medical industries, regardless of whether you maintain an ENLIGHT Account, you acknowledge and agree that:
(a) You will not use the Services to view, access or otherwise use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a patient or prospective patient;
(b) You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation; and
(c) You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices (including but not limited to booking fraudulent healthcare appointments or manipulating any review or rating data), or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.
If there is a dispute between participants on this site or Services, or between users and any third party (including but not limited to Healthcare Providers), you agree that Faros Health is under no obligation to become involved. In the event that you have a dispute with one or more other users or Healthcare Providers, you release Faros Health, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using our Services on your mobile device. You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using our Services, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third-party charges. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.
We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate this EULA.
While using the Services, you may encounter links to other websites. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. Although we attempt to link to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealing, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Faros Health will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
We may incorporate third-party software as part of certain of the Services, including without limitation open source third party software. Your use of such third-party software is subject to any and all applicable additional terms and conditions governing such use provided by the third-party software provider. Where applicable, additional notices relating to the third-party software may be provided by us, which for example may contain attribution and disclaimer notices applicable to the third-party software.
You acknowledge and agree that the availability of our mobile application is dependent on the third-party stores from which you download the application (e.g., the Apple App Store, Google Play or other store or distribution platform (each, an “Application Provider”)). Each Application Provider may have its own terms and conditions to which you must agree before downloading mobile applications from such store. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such Application Provider terms and conditions. To the extent such other terms and conditions from such Application Provider are less restrictive than, or otherwise conflict with, the terms and conditions of this EULA, the more restrictive or conflicting terms and conditions in this EULA apply.
If you are accessing the Services via an application (an “Application”) through an Application Provider, you and we acknowledge and agree that: (i) this EULA is between you and us, and not the Application Provider, and that we are responsible for the Application, not the Application Provider; (ii) the Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services, subject to all the terms and conditions of this EULA as they are applicable to the Services; (iii) with respect to Apple as the Application Provider, you will only use the Application in connection with an Apple device that you own or control; (iv) the Application Provider has no obligation to furnish maintenance and support services or handle any warranty claims with respect to the Application; (v) in the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify the Application Provider of such failure; upon notification, the Application Provider’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; (vi) we, and not the Application Provider, are responsible for addressing any claims you or any third party have relating to the Application; (vii) in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; (viii) the Application Provider and its subsidiaries are third-party beneficiaries of this EULA as related to your use of the Application, and that upon your acceptance of this EULA, the Application Provider will have the right (and will be deemed to have accepted the right) to enforce this EULA as related to your use of the Application against you as the third-party beneficiary; (ix) in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Faros Health, and not Application Provider, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim; and (x) you are not located in a country subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties. The foregoing terms apply to your use of all the Services, including the Application.
You may have the opportunity to submit feedback regarding your experiences with Healthcare Providers you find through the Services, to submit inquiries concerning possible medical needs, and to participate in the other interactive or community features of the Services (collectively, “Posted Information”). It is important that you act responsibly when providing Posted Information. Your Posted Information must comply with any and all posted policies, and your Healthcare Provider reviews must comply with our posted guidelines, as well as any internal policies we may develop and implement from time to time. Please note that while Faros Health may moderate Posted Information (including but not limited to Healthcare Provider reviews) for compliance with the requirements in this paragraph, Faros Health does not endorse or confirm the accuracy of any statements made in such Posted Information; Posted Information reflects solely the views or opinions of the author, and not of Faros Health.
Please note that all of the following licenses are subject to our Privacy Notice to the extent they relate to Posted Information that is also your Personal Data.
By posting Posted Information through the Services, you agree to and hereby grant, and you represent and warrant that you have the right to grant, to Faros Health and its affiliates, agents, and contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, incorporate into other works, and otherwise fully exploit such Posted Information. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You may not post Posted Information which is false or fraudulent, or which otherwise does not accurately represent your opinions and experiences.
You understand and agree that Faros Health, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your Posted Information to conform and adapt that Posted Information to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Posted Information is the sole responsibility of the person from whom such Posted Information originated and does not reflect the opinion of Faros Health. Faros Health does not assume liability for Posted Information or for any claims, liabilities, or losses resulting from any Posted Information.
We also welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback“). You may submit Feedback by emailing us, reaching out to our social networking accounts, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such Feedback for any purpose, without compensation to you.
All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Faros Health’s proprietary information. We give you permission to use the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Services for your own convenience, but you may not copy, distribute, republish (except as expressly permitted herein), sell, or exploit any of the Content, or exploit the Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly provided herein, neither Faros Health nor its suppliers grant you any express or implied rights, and all rights in the Services not expressly granted by Faros Health to you are retained by Faros Health.
We created ENLIGHT to improve patients’ healthcare experiences, and we want your experience with ENLIGHT to be exceptional. While we work hard to make that happen, you acknowledge that we have no control over, and no duty to take any action regarding:
(a) which users gain access to the Services,
(b) what Content you access,
(c) what effect the Content may have on you,
(d) how you may interpret or use the Content, or
(e) what actions you may take as a result of having been exposed to the Content. You release us from all liability for your use or inability to use any Content. We and our licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (Faros Health and all such parties together, the “Faros Health Parties”) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services, and the Faros Health Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We have no special relationship with or fiduciary duty to you.
WE (AND OUR LICENSORS AND SUPPLIERS) PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE CONTENT OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, FAROS HEALTH MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE, AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. FAROS HEALTH DOES NOT WARRANT THAT THE SERVICES WILL OPERATE UNINTERRUPTED, ERROR-FREE, BUG-FREE, OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS, OR OTHER HARMFUL ITEMS.
IF YOU HAVE BEEN DESIGNATED AS A BETA TESTER FOR OUR SERVICE, OR IF WE DESIGNATE A FEATURE AS “BETA”, “PRE-RELEASE”, OR ANY SIMILAR TERM, THE FOLLOWING APPLIES TO YOU: FROM TIME TO TIME, FAROS HEALTH MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT OUR SOLE DISCRETION AND WITHOUT LIABILITY TO YOU. THE PROVISIONS OF THIS PARAGRAPH APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR ENLIGHT ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU ACTUALLY PAID TO FAROS HEALTH AND WHICH FAROS HEALTH RETAINED IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE FAROS HEALTH PARTIES BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ANY SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICES, OR ANY MATTER BEYOND OUR REASONABLE CONTROL, 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 SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU SHALL AND HEREBY WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542 OR ANY SIMILAR LAW OF ANY JURISDICTION, WHICH SAYS IN SUBSTANCE THAT “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.”
No provision in this EULA shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of this EULA concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. We reserve all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.
We reserve the right, in our sole discretion, to terminate, suspend and/or deactivate your ENLIGHT Account immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted through the Services by you or by someone using your Credentials without authorization. We may also terminate, suspend, or deactivate your ENLIGHT Account for any other reason, including inactivity for an extended period. Faros Health shall not be liable to you or any third party for any termination, suspension, or deactivation of your access to the Services. Further, you agree not to attempt to use the Services after any such termination, suspension, or deactivation (except where deactivation is due solely to inactivity, and you are permitted to create another ENLIGHT Account). Account termination may result in destruction of any content associated with your ENLIGHT Account. Sections 1 - 6, 8 - 16, and any other provisions that, by their nature, should survive termination of this EULA shall survive any termination or expiration of this EULA.
Faros Health reserves the right to investigate and, at our discretion, take appropriate legal action against anyone who violates this EULA or applicable law related to the Services, including without limitation, removing any offending communication from the Services, terminating the ENLIGHT Account of such violators, and/or blocking your use of the Services.
Upon a request by us, you agree to defend, indemnify, and hold harmless the Faros Health Parties from all liabilities, claims, damages (actual and consequential), demands, and expenses, including reasonable attorney’s fees, that arise from or are related to (a) your use of the Services; or (b) the violation of this Agreement (including without limitation this EULA); (c) the violation of any intellectual property or other right of any person or entity; or (d) by any person using your Credentials without authorization. The foregoing indemnification obligation does not apply to liabilities, claims, and expenses arising as a result of our own gross negligence or intentional misconduct.
. Both you and Faros Health acknowledge and agree that for the purpose of any dispute arising out of relating to the subject matter of this EULA, Faros Health’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of this EULA, and that upon your acceptance of this EULA, Personnel will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary hereof.
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration. The arbitration will proceed in the English language, in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in Dallas, Texas except where otherwise required by the applicable AAA rules or applicable law. . The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The Rules will govern payment of all arbitration fees. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Faros Health will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
Either you or Faros Health may assert claims, if they qualify, in small claims court in Dallas County, Texas or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
YOU AND FAROS HEALTH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Faros Health are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Faros Health over whether to vacate or enforce an arbitration award, YOU AND FAROS HEALTH WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Faros Health is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth below.
In any circumstances where the foregoing arbitration agreement permits either you or Faros Health to litigate any dispute arising out of or relating to the subject matter of these Terms in court, the Dispute shall be commenced or prosecuted in the state and federal courts located in Dallas, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from this EULA. In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Faros Health.
Your affirmative act of using the Services and/or creating an ENLIGHT Account constitutes your electronic signature to this Agreement. This Agreement and any other documents to be delivered in connection with the Services may be electronically signed, and any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
(a) Transactional Communications. By voluntarily providing your mobile phone number to Faros Health and agreeing to receive text messages, you expressly agree that Faros Health may contact you by telephone, SMS, or MMS messages (or successor protocols or technologies) for transactional, operational, or informational purposes, at the phone number provided. Message and data rates may apply. Message frequency varies. Reply STOP to cancel or HELP for help.
(b) Marketing Communications. By opting in to receive recurring automated marketing calls or text messages (such as SMS, MMS, or successor protocols or technologies) from Faros Health, you expressly agree to receive messages concerning the marketing and sale of our products, services, offers, promotions, and events, as well as your relationship with us, including your orders and the products and services that you have inquired about. You understand that consent is not required to make any purchase from us. Message and data rates may apply. Message frequency varies. Reply STOP to cancel or HELP for help.
(c) Representations; Indemnity: You represent and warrant that mobile number provided to us is true and accurate, and that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Faros Health. You agree to indemnify and hold Faros Health harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, as well as claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to update your account information for any changes in your mobile telephone number.
(d) Participation Requirements. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all mobile devices may be supported and our messages may not be deliverable in all areas. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider.
(e) Opt-Out Instructions: You can opt out of receiving transactional and/or marketing text messages at any time by adjusting your notification settings in your account, replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message that you receive from us, or otherwise following the given instructions for doing so. You acknowledge and agree to accept a final text message confirming your opt-out. Note that opting out of receiving all texts may impact your use of the Services.
(f) Accurate Account Information: If you change the phone number(s), you should update your Faros Health account information and the phone number(s) attached to your account to assure we have up-to-date contact information, and any new phone number(s) you attach to your account may receive Faros Health’s standard SMS messages unless you also unsubscribe via the above procedures.
No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.
In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of this Agreement remain in full force and effect and enforceable.
This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of Texas as applied to contracts made and to be performed entirely within Texas, without giving effect to the state’s conflicts of law statute. This Agreement and all documents referenced herein were drafted in the English language and any translations thereof shall not be binding on either party to the extent they conflict with the English versions.
This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, each of which are incorporated herein by reference, including the Privacy Notice, the Acceptable Use Policy and the Community Standards, constitute the entire agreement between you and us and supersede all previous written or oral agreements. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein
We may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our business or any assets to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to create an ENLIGHT Account or use the Services on your own. Those under the age of 13 may not use the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Services only under the supervision of your parent or guardian who has agreed to this EULA. By using the Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child, and that all references in this EULA to “you” shall refer to such child or such other individual on whose behalf you have authorization to enter into this EULA and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.
If you do not qualify under this EULA, you may not use the Services. Use of the Services is void where prohibited by applicable law, and the right to access the Services is revoked in such jurisdictions. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this EULA. The Services are administered in the U.S. and intended for U.S. users only; any use outside of the U.S. or use related to activities outside of the U.S. is prohibited and at the user’s own risk. Users are responsible for compliance with any local, state, or federal laws applicable to their use of the Services.