Zipnosis Terms of Service

Zipnosis, Inc. (“Zipnosis”) operates the web site located at https://app.zipnosis.com/ (the “Site”) to facilitate healthcare consumers' access to electronic medical consultations with health care providers, and to provide other information about Zipnosis and its products and services (the “Service”). Zipnosis provides a communication link between you and the health care provider. Zipnosis does not provide any healthcare services itself.

The Service cannot and is not intended to replace the relationship that you have with your health care professionals. The Service is intended to be a value added digital medical service tool, easily accessible for a defined set of common medical conditions. If at any time you are concerned about your care or the treatment prescribed through the Service, or you believe or someone else advises you that you have or suspect that you have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest open clinic or emergency room.

THE SERVICE AND CONTENT IS NOT DESIGNED, INTENDED OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENCY, OR LIFE THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.

The medical advice provided through the Service is based on your personal health data as provided by you and the local standards of care for your presenting symptoms based on your use of the Service. Responses are not provided by Zipnosis, but are provided by Medical Doctors, Nurse Practitioners or Physician Assistants.

The Content on the Site (other than a direct response to you from a Medical Doctor, Nurse Practioner or Physical Assistant) should not be considered medical advice. You should always talk to your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. None of the information on this Site represents or warrants that any particular drug or treatment is safe, appropriate, or effective for you.

1. Applicability. By accessing and using the Site, or any portion of the Site, you agree to be bound by each of the Terms of Use and all applicable laws and regulations governing the Site. If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular transactions are also posted in particular areas of the Site and, together with these general terms and conditions, govern your use of those areas. If you do not agree with any of these additional terms and conditions, you are not authorized to access or use those areas of the Site.

2. Use of the Site. Zipnosis grants you permission to use the Site for your personal, non-commercial purposes. Your use of the Site is further limited as follows:

  • You agree not to use the Site for unlawful purposes, and you agree to comply with all applicable laws, rules and regulations while using the Site.
  • You agree not to use the Site for any commercial purposes, including any advertisement, commercial solicitation, or promotion of any specific goods or services.
  • You agree not to collect or use any information or other data available via the Site inappropriately.
  • You may not distribute, modify, copy (except as set forth in these Terms of Use), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, translate, sell, reverse engineer, decompile or disassemble, or otherwise use the Site or the Content (as defined in paragraph 7), except as specifically authorized in the Terms of Use, without Zipnosis's written permission.
  • You agree not to use the Site to post or transmit any threatening, harmful, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
  • You agree not to incorporate any code into the code of the Site or to use the Site to post or transmit any virus, worm, Trojan Horse, time bomb, spyware, bot, tracking device, screen scraping software or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use or operation of the Site or any user of the Site.
  • You agree not to restrict or inhibit any other person from use of the Site. You agree not to interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, or violate any requirements, procedures, policies or regulations of such networks.
  • You agree not to use the Site to harvest or collect personally identifiable information about users of the Site.
  • You agree not to use the Site to disrespect or violate the privacy or views of others.
  • You agree not to use the Site to impersonate another person or supply false information about yourself or another person.
  • You agree not to allow any other person or entity to use your identification to post or view comments, or to otherwise access or use the Site.
  • You agree not to post material on the Site that infringes on the copyright or other intellectual property rights of others, or the privacy, publicity, or other personal rights of others.

3. User Representation. You represent and warrant that you are at least 18 years of age and possess the legal right and ability to agree to these Terms of Use and to use this Site in accordance with these Terms of Use. You represent and warrant that any information you provide in using the Services or the Site will be truthful, honest and complete and will not contain any inaccuracies, including but not limited to any inaccuracies resulting from the omission of relevant information. By completing a Zipnosis transaction you are consenting to truthfully completing questions to the best of your knowledge and ability. If you do not know the answer or how to answer a question (or if you do not understand what is being asked) stop using the Service and immediately contact an available health care provider.

4. Changes in Terms of Use. Zipnosis reserves the right to modify these Terms of Use at any time. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below.

5. Registered Users. If you meet the eligibility requirements as established by Zipnosis you may sign up to become a registered user of the Services provided through the Site. Both a logon identity or user name and a password shall be necessary to access the Services through the Site. The password provides vital security in preventing unauthorized access to your user data, health information, confidential information and account. Choosing a password at least seven (7) characters in length, containing alpha (both upper and lower case) and numeric characters, and incorporating one or more special characters (! @ # $ % & * and the like) significantly increases the password's security. You are responsible for selecting a secure password. You should never allow anyone to access your account on your behalf or give anyone your password. You are responsible for keeping and maintaining the security of your password. Zipnosis shall have no responsibility for unauthorized access to your account or the information in that account that results from your failure to select and keep secure your password.

You may choose to add an adult or legal dependent to your account (such as a parent, spouse, family member or other acquaintance). By adding this person to your personal account, you are also agreeing to allow this person access to any of your medical records accessible through Zipnosis. By utilizing this account, the dependent account holder is also agreeing to allow you access to all of their medical records accessible through Zipnosis.

6. Medical Advice. The Service cannot and is not intended to replace the relationship that you have with your health care professionals. The Service is intended to be a value added digital medical service tool, easily accessible for a defined set of common medical conditions. If at any time you are concerned about your care or the treatment prescribed through the Service, or you believe or someone else advises you that you have or suspect that you have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest open clinic or emergency room. THE SERVICE IS NOT DESIGNED, INTENDED OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENCY OR LIFE THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.

Any opinions expressed on the Site are the opinions of the individual author, not of Zipnosis. Reliance on any information provided by Zipnosis, Zipnosis employees, others appearing on the Site at the invitation of Zipnosis, or other visitors to the Site is solely at your own risk.

This Site may contain health information or medical-related materials that include images or descriptions of human anatomy. If you find these materials offensive, you may not want to use the Site.

7. Intellectual Property. The Service, the Site, and all information and/or content that you see, hear or otherwise experience on the Site (collectively, “Content”) are protected by U.S. and international copyright, trademark and other laws, and belong to Zipnosis or its partners, affiliates, contributors or licensors. This protection includes the use of the trademark name "ZIPNOSIS" and the Zipnosis logo. The use or misuse of the Content, except as provided in these Terms of Use or in any additional terms and conditions applicable to specific areas of the Site, is strictly prohibited. You may use the Site, the Service and the Content solely for your personal, non-commercial use as follows: You may print copies of the information on the Site for your personal use, store the files on your computer for personal use, or reference this server from your own documents. You may not otherwise copy, distribute or display any Content without express written consent from Zipnosis. Subject to the limited license granted herein, Zipnosis reserves all right, title and interest in all Content. If any portion of the Terms of Use is violated, the limited license for your usage of this Site is revoked, and all Content in your possession must be deleted or destroyed.

With the exception of the personal use described above, no Content may be reverse-engineered, decompiled, disassembled, reproduced, retransmitted in any form or by any means (electrical, mechanical, photoreproduction, recordation or otherwise), stored in a retrieval system, translated into a computer language or other language, transcribed, resold, or redistributed without prior express written consent by Zipnosis.

8. Disclaimer of Warranties. YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICE AND THE CONTENT. ZIPNOSIS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. ZIPNOSIS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICE, AND THE CONTENT. ZIPNOSIS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, FREE OF VIRUSES OR OTHER MALICIOUS CODE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. ZIPNOSIS DOES NOT WARRANT THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

9. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ZIPNOSIS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO direct, indirect, incidental, consequential, or punitive damages ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF ZIPNOSIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ZIPNOSIS IS NOT LIABLE TO ANY USER OR PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION OR CONTENT DISPLAYED OR PROVIDED IN THIS SITE. Zipnosis is not liable to any user or person for any harm caused by the negligence or misconduct of a provider selected on the Site. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ZIPNOSIS' LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $1,000.00. ANY CLAIM ARISING FROM THE USAGE OF THIS SITE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE EVENT FROM WHICH THE CLAIM AROSE.

10. Indemnification. You understand and agree that you are personally responsible for your behavior on the Site and for your use of the Content. You agree to indemnify, defend and hold harmless Zipnosis, its subsidiaries, affiliated companies, joint venturers, business partners, providers, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use of or inability to use the Site, the Service, or the Content, any violation by you of these Terms of Use, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Site or Service through your user account.

11. Pricing and Coverage Information. As a service to users of this Site, Zipnosis may request from your health plan or provider eligibility, coverage, benefit and related information on your behalf. Such requests do not include reviewing any prior authorization, referral, or medical necessity requirements. Zipnosis does not engage in utilization review. Users should consult their primary care physician to address such requirements. You agree Zipnosis may pass your personally identifiable information to such individuals or organizations in connection with such a request. You also agree to sign an authorization allowing Zipnosis to give these people information about you and telling these people to give Zipnosis information about you. This authorization is displayed on the Site.

12. Errors and Inaccuracies. The information in the Site including, but not limited to, information regarding pricing, may contain typographical errors or other errors or inaccuracies and may not be complete or current. Zipnosis reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Zipnosis does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. Zipnosis reserves the right to refuse to fill any orders or provide services that are based on inaccurate or erroneous information on the Site, including, without limitation, incorrect or out-of-date information regarding pricing, shipping, payment terms, or return policies, or for any other lawful reason.

13. Charges and Billing. You may be responsible for providing a valid credit card number, expiration date, and card security code from the back of the card at the time you purchase a product, service or schedule an appointment. You may charge a fee if you fail to attend or cancel an appointment in accordance with any stated cancellation policy. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your purchase of the products or services on this Site at the charges then in effect, including any unauthorized charges incurred prior to your notifying Zipnosis of such charges. You agree that Zipnosis may provide your credit card information and related personal information to its designated service provider(s) or the vendor or provider offering goods and services for their use in charging you for appropriate products, services or cancellation fees incurred through your use of this Site. Zipnosis reserves the right to modify prices, fees, or institute new charges at any time with at least thirty (30) days' notice. You understand that products or services may not be provided or appointments cancelled if the credit card information you provide is inaccurate or invalid.

14. Links to Third Party Sites. As a convenience to Site users, Zipnosis may provide hypertext links to third party web sites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Zipnosis of the third party, the third-party web site, or the information contained therein. You acknowledge and agree that Zipnosis is not responsible for the availability of any such web site, and that Zipnosis does not endorse or warrant, and is not responsible or liable for, any such web site, its content, its privacy policy or practices, or the acts or omissions of its operators.

15. Advertisements. Zipnosis may display advertisements from third parties on this Site. Such advertisements do not constitute or imply an endorsement, sponsorship, or recommendation by Zipnosis of the third party, the third-party advertisement, or the information contained therein. You acknowledge and agree that Zipnosis is not responsible for the availability of any product, service, web site, or anything displayed in the advertisement, and that Zipnosis does not endorse or warrant, and is not responsible or liable for, any such advertisement, its content, or the privacy policy, practices, and acts or omissions of the third party associated with the advertisement.

16. Geographic Limitations on Use. Like most Internet web sites, this Site is accessible worldwide. However, not all products or services are available to all persons or in all geographic locations. Zipnosis reserves the right to limit the provision of its products and services to any person, geographic area, or jurisdiction and to limit the quantities of any products or services that it provides. Any product or service identified on the Site is only available where Zipnosis, or any other entity offering the goods or services on the Site, is licensed or authorized to do business. Please consult Zipnosis directly for information regarding the products and services that may be available to you in your area. The Site is not intended for use outside the United States of America. You agree to comply with all applicable laws and local rules or restrictions relating to the Site.

17. Personal Information and Privacy Statement. Email, text messages, Internet transactions or other electronic communications between you and Zipnosis may not be secure. While certain communications are performed through a Secure Sockets Layer (SSL) connection, not all communications between you and Zipnosis are encrypted. Zipnosis is not responsible for any interception or disclosure of personal information that may occur as the result of any electronic communications in using the Services. Please consider these facts before sending Zipnosis any personal or confidential information or utilizing the Services which may result in personal or confidential information being transmitted by Zipnosis to you. Zipnosis may monitor, record, collect and use for any lawful purpose information generated through your use of the Site. Zipnosis' collection and use of such information is described in Zipnosis' Privacy Statement. Your obligations under these Terms of Use are in no way conditioned on Zipnosis' compliance with the terms of the Privacy Statement.

20. User Supplied Material. If you supply any comments, information or material via the Site, you guarantee to us that you have the legal right to supply such material and that it will not violate any law or the rights of any person or entity. You further agree that all information or material you supply to us through the Site, including business information, ideas, concepts, or inventions, shall be deemed and shall remain our property, and you hereby assign to Zipnosis all right, title, and interest in and to any such information or material, without any restriction or obligation to you.

21. Registration and Account-Holder Obligations. Users of this Site may choose to set up an account to access certain functionality of the Site. Users will be asked to supply personally identifiable information when opening an account. Failure to comply with these Terms of Use could result in the termination of the user's account.

22. Copyright Complaints. If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Copyright Agent
Zipnosis, Inc.
248 N 1st Ave
Minneapolis, MN
55401
Email: info@zipnosis.com

We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's email address, or by written communication sent by first-class mail to a user's address.

23. General Provisions

Entire Agreement. Together with the additional terms and conditions applicable to specific areas of the Site or to particular transactions, these Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Zipnosis of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Choice of Law and Venue. Any and all disputes relating to these Terms of Use, your use of the Site, the Service, or the Content (collectively, “Disputes”) are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions. Any Dispute will be venued in a state or federal court situated in the State of Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose. The operation of this Site does not mean or imply that we are conducting business in any state of the United States of America outside of Minnesota, or outside of the United States. If you access this Site from outside the United States, you assume all risks and you are solely responsible for compliance with your jurisdiction's laws and requirements.

Severability. If any provision of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms of Use will remain in force. A waiver of any of the Terms and Conditions is not to be interpreted as a further or continuing waiver of that or any other term or condition.

General Contact Information. If you have any questions about these Terms of Use, the Site, the Service, or the Content, you may contact us by:

  1. sending an email to: info@zipnosis.com,
  2. sending a letter via US Mail to:
    Zipnosis, Inc.
    248 North 1st Ave
    Minneapolis, MN 55401

Last Revised: September 24, 2009

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