Regulora® is an FDA-cleared Prescription Digital Therapeutic for treatment of abdominal pain due to irritable bowel syndrome (IBS) in adults. A prescription from your Health Care Provider is required. When you fill the prescription, an online pharmacy will issue an access code so you can begin treatment. Please visit regulora.com for more information.
For each of the documents below:
You must view each document before clicking the checkbox.
Information and Agreement for Consumer Testing Participants
Thank you for your interest in the consumer preference testing of Regulora.
Regulora is a digital therapeutic software device that has been cleared by the US FDA for the treatment of abdominal pain associated with Irritable Bowel Syndrome (IBS). Regulora is accessed through your mobile device and delivers behavioral therapy through Gut-Directed Hypnotherapy (GDH). The program can be completed at home.
The consumer preference testing version of Regulora has not been cleared by the US FDA or any other international medical device regulatory body. The purpose of this testing is to assess consumer preference. The testing is not for the purpose of determining safety or effectiveness. The consumer preference testing version of Regulora can be accessed through the Lionfish app for Apple or Android devices (see provided instructions).
An IBS diagnosis is required for participation only to ensure that the information collected reflects the consumer preferences of the IBS patient population. As a “Non-significant risk” device, Regulora has been deemed to not present a potential for serious risk to the health, safety, or welfare of a user. During the test we would like you to help us refine and improve Regulora. We will ask the following questions:
Before the first therapy session:
Before the final therapy session:
As part of the preference testing, you will be using Regulora in parallel with your usual IBS management or treatment. The purpose of this preference test is not to manage or treat your IBS, or to replace your usual IBS management or treatment. The purpose of this testing is to solicit what you like and don’t like about Regulora and to incorporate your feedback into the design of Regulora. Continue to follow all directions from your health care providers.
By clicking the checkbox for this document during the signup process, you agree to assess Regulora and provide your honest feedback by answering the questions above.
Privacy Policy
Last modified: August 30, 2022
Introduction
metaMe Health, Inc. (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit a company website, such as www.metamehealth.com or www.regulora.com (a “Website”), any Company mobile application, such as the Regulora mobile application (an “App”) along with any other digital platforms that we may provide from time to time, whether as a guest or a registered user (collectively, the “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
It does not apply to information collected by:
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using the Services, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Children Under the Age of 18
Our Services are not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Services. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on the Services or on or through any of its features. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at:
222 Merchandise Mart Plaza, Suite 1230
Chicago, IL 60654
info@metamehealth.com
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Services, including information:
We collect this information:
Information You Provide to Us.
The information we collect on or through our Services may include:
Medical Information
Protected health information (“PHI”) is information about you that may be used to identify you (such as your name, social security number, or address), and that relates to (a) your past, present, or future physical or mental health or condition, (b) the provision of healthcare to you, or (c) your past, present, or future payment for the provision of health care. In providing our services, we will receive and create records containing your PHI, and may use it to assist you in administering our clinical trials or treatments, develop and conduct surveys with you to assist in providing you better services, conduct our management and administrative activities, and otherwise, as stated in this Privacy Policy.
We may also use your de-identified PHI to help us learn from your experience and contribute to research. We are committed to ensuring the quality and effectiveness of our services and our Services (including our mobile application), and therefore periodically evaluate the outcomes and experiences of our users. Any information you provide, usage data, or answers you submit to questions in this program may be grouped with information from other users and analyzed in a fully de-identified manner (without your name or other identifying information) to assess the quality of our Services (including our App). This anonymous aggregate information may also be used in scientific research publications and presentations. We are required by law to maintain the privacy and confidentiality of your PHI, and we operate the Services (including our App) in compliance with applicable federal and state laws governing health information privacy and security. All medical or health information that we collect is in compliance with HIPAA. All of our systems and platforms are HIPAA-compliant, meaning that we take steps such as encryption of all stored personal information and data transmissions and two-factor authentication of any human-readable data with internal access provided only to appropriate administrators.
We do not link personal information that is collected outside of the context of our mobile application with any PHI.
Information We Collect Through Automatic Data Collection Technologies.
As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
The information we collect automatically may include personal information. It helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to:
The technologies we use for this automatic data collection may include:
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications on the Services are served by third parties, including analytics platforms like Hotjar and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. We do not control these third parties’ tracking technologies or how they may be used.
However, we provide third party vendors only with anonymized or aggregated data, and our third-party vendors use this anonymized or aggregated data collected from the Services only for purposes related to the operation of the Services.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
We may also use your information to contact you about goods and services that we offer that may be of interest to you. If you do not want us to use your information in this way, please do not use the Services or our services. We do not offer third party goods and services via the Services. For more information, see Choices About How We Use and Disclose Your Information.
We do not offer a means to store any personal information that is not collected via our Services themselves, including the App.
Please see the Medical Information section for information about how we collect, use, and store PHI.
Disclosure of Your Information
We may disclose aggregated information about our users without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
We may also disclose your personal information:
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website, optout.networkadvertising.org
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We have implemented data security features in compliance with HIPAA. Users should not share HIPAA-protected patient information, including PHI, on any public-facing components or features of the Services. We are not responsible for any breaches of HIPAA requirements or unauthorized disclosure of PHI by you or any third parties on our Website or App. For more information with regard to PHI, please see the “Medical Information” section, above.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our Privacy Policy on this webpage, or via updated documents that we may distribute from time to time to relevant users. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account. The date the privacy policy was last revised is identified at the top of the Privacy Policy. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Services and this privacy policy to check for any changes.
Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information.
The Company is currently exempt from the provisions of the California Consumer Privacy Act (“CCPA”). Further, the CCPA does not apply to any PHI we collect; this Your California Privacy Rights does not create any additional rights or privileges for you as it relates to PHI.
We currently do not sell any of your personal information or PHI to third parties.
California’s Online Privacy Protection Act (Cal. Bus. & Prof. C. §§22575-22579) (“CalOPPA”), requires website operators to disclose how they respond to web browser “do not track” signals or other similar mechanisms that provide consumers with the ability to exercise choice regarding the collection of personally identifiable information of a consumer over time and across third party websites and apps, to the extent the operator engages in that collection. At this time, we do not respond to Do Not Track (DNT) signals. This law also requires website and app operators to disclose whether third parties may collect personally identifiable information about their users’ online activities over time and across different websites and apps when the users use the operator’s website or app. The nature of how third parties may collect or receive personally identifiable information is disclosed in this Privacy Policy. To learn more about how Do Not Track signals work, please visit http://allaboutdnt.com/.
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not currently disclose personal information to third parties for their direct marketing purposes. However, to make such a request, please send an email to info@metamehealth.com. Please allow us 30 days for a response.
Contact Information
To ask questions or comment about this privacy policy, contact us at:
222 Merchandise Mart Plaza, Suite 1230, Chicago, IL 60654
info@metamehealth.com
metaMe Health Terms of Use
Last Modified: July 6, 2021
Acceptance of the Terms of Use
These terms of use are entered into by and between You and metaMe Health, Inc. (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of Company websites and domains, which include www.metamehealth.com and www.regulora.com, including any content, functionality and services offered on or through these domains and subdomains (the “Website”), any Company mobile applications, whether delivered via third-party application marketplaces or by the Company (the “App”), or any other digital platforms we provide, whether as a guest or a registered user. Collectively, the Website, the App and any additional platforms shall be known as the “Services.”
Please read the Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://www.metamehealth.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.
The Services are offered and available to users who are 18 years of age or older. Some portions of the Services related to federal approvals for medical devices may be limited to users who are 22 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. Please check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide on or within the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
You are responsible for both:
To access the Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. You agree that all information you provide to register with this Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You also agree not to provide any personal information (as defined in the Privacy Policy) or protected health information (“PHI,” as defined in the Privacy Policy) of any other individuals who do not authorize you to do so, nor your own personal information or PHI where not prompted by our App. Our Privacy Policy sets forth our policies and procedures regarding the collection, use, and disclosure of personal information and PHI. Please review it before using the Services.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
If you wish to make any use of material on the Services other than that set out in this section, please address your request to: info@metamehealth.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The Company name, the terms METAME and REGULORA, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
Additionally, you agree not to:
User Contributions and Medical Services
The Services may contain personal web pages or profiles, messaging functionality, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services. The foregoing definition of “Interactive Services” does not apply to components of our App that prompt you to provide personal information and/or PHI in order to administer clinical trials or medical services (“Medical Services”). Your provision of personal information and/or PHI through the App in connection with Medical Services is not considered a User Contribution. All collection, use, and disclosure of personal information and PHI in connection with our Medical Services is governed by our Privacy Policy and HIPAA.
DO NOT POST PERSONAL INFORMATION OR PHI TO ANY PUBLIC-FACING COMPONENT OF THE INTERACTIVE SERVICES. WE ARE NOT LIABLE FOR ANY CLAIM, LOSS, DAMAGE OR EVENT THAT MAY OCCUR AS A RESULT OF YOUR POSTING OF PERSONAL INFORMATION OR PHI ON THE INTERACTIVE SERVICES. YOU POST PERSONAL INFORMATION OR PHI AT YOUR OWN RISK.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to a public-facing feature of the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.
PasswordsYou agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access The Services and that you are not permitted to allow any other person or entity to use your password for any purpose. Accordingly, you agree that you are solely responsible to Company for all activities that occur under your account. If you become aware of any unauthorized use of your password you will notify Company promptly at info@metamehealth.com.Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Rights to Use the App
If you are part of a clinical trial or otherwise prescribed our Medical Services via our App, Company grants you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the App as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Medical Services, in the manner permitted by these terms and conditions. You may not, and you may not permit anyone else to, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to copy or extract the source code or object code of the App or any part thereof. Except as expressly provided herein, Company has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the App, grant a security interest in or over your rights to use the App, or otherwise transfer any part of your rights to use the App. Notwithstanding the foregoing, you are granted limited administrative rights to provide access to App in your reasonable discretion to those parties who would reasonably need to access information located on the App, or who could upload information and documents onto App for you to access, that would assist you in utilizing the services provided by App in the ordinary course. YOUR USE OF THE APP FOR MEDICAL SERVICES SHOULD ALWAYS BE ACCOMPANIED BY THE MEDICAL ADVICE OF A LICENSED PHYSICIAN.
Copyright Infringement
If you believe that any User Contributions violate your copyright, please email info@metamehealth.com for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Services
We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Services
All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Services and Social Media Features
You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
You must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Services
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Services is based in the State of Illinois in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of their content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content (including Medical Services provided via the App), services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in the City of Chicago, Illinois and County of Cook County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Illinois law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, and, for participants in clinical trials or recipients of medical services, any waivers of liability that we provide, constitute the sole and entire agreement between you and metaMe Health, Inc. with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
Your Comments and Concerns
The Services are operated by metaMe Health, Inc., 222 Merchandise Mart Plaza, Suite 1230, Chicago, Illinois 60654.
All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to info@metamehealth.com.
WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK
By checking the box labeled “I agree to the Liability Waiver,” I (referred to as “I” or “me”) agree to participate in a consumer preference test (whether singular or plural, hereinafter referred to as the “Test”) provided by metaMe Health, Inc., a Delaware company with offices located at 222 Merchandise Mart Plaza, Suite 1230, Chicago, IL 60654 (the “Company”). In consideration of being permitted by the Company to participate in the Test and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this “Liability Waiver”).
I acknowledge and agree that the Test will take place via my own mobile device, to which I have voluntarily downloaded or will voluntarily download Company’s mobile application (the “App”). I acknowledge and agree that Company has not provided me any other devices or items for use as part of the Test. I hereby acknowledge that I have had the opportunity to read and now agree to Company’s Terms of Use and Privacy Policy, which are incorporated into this Liability Waiver and which govern my use of the App.
I AM AWARE AND UNDERSTAND THAT THE TRIAL INVOLVES TESTING FOR A NEW MEDICAL DEVICE AND TREATMENT REGIMEN THAT IS NOT CURRENTLY APPROVED BY THE FDA OR ANY OTHER GOVERNMENTAL AGENCY, INSIDE OR OUTSIDE OF THE UNITED STATES. I ACKNOWLEDGE AND AGREE THAT THE COMPANY MAKES NO REPRESENTATION THAT THE TEST WILL PROVIDE ME WITH ANY EFFECTIVE MEDICAL TREATMENT, AND THAT PARTICIPATION IN THE TEST MAY INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, OR OTHER DAMAGES. I ACKNOWLEDGE THAT ANY INJURIES OR HARM THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE AND AGREE THAT I AM VOLUNTARILY PARTICIPATING IN THE TEST WITH KNOWLEDGE OF THE RISKS INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR DAMAGES ARISING FROM MY PARTICIPATION IN THE TEST, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Company, and its officers, directors, advisors, employees, agents, affiliates, investors, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or damages arising out of or attributable to my participation in the Test, whether arising out of the negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for liabilities that Illinois law or FDA regulation does not permit to be released by agreement.
I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, fees, the costs of enforcing any right to indemnification under this Liability Waiver, and the cost of pursuing any insurance providers, incurred by the Company or any other Releasees arising out of or resulting from any claim of a third party related to my participation in the Test.
I hereby consent to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if I am injured or require medical attention during my participation in the Test. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation.
This Liability Waiver, combined with any applicable provisions of Company’s Terms of Use and Privacy Policy, constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Liability Waiver is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Liability Waiver or invalidate or render unenforceable such term or provision in any other jurisdiction. This Liability Waiver is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Liability Waiver shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction). Any claim or cause of action arising under this Liability Waiver may be brought only in the federal and state courts located in Cook County, Illinois and I hereby consent to the exclusive jurisdiction of such courts.
BY CLICKING THE “I HAVE READ, UNDERSTAND, AND ACCEPT THE WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK” BOX, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND ALL THE TERMS OF THIS LIABILITY WAIVER AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.