You may be required to register for the service. Sheen Health has the right to terminate your account and refuse any and all current or future use of the Service if any information you provided is untrue, inaccurate or incomplete.
Not Professional Advice
The contents of the Sheen Health Web service is not a substitute for professional legal, medical, healthcare, tax or financial advice. The Service is intended only to assist you in the decision-making relating to your healthcare coverage and payment options. Your personal situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Always promptly seek the advice from your healthcare provider, health plan, advisor, broker or others who are fully aware of your individual circumstances.
Educational Resources: Sheen Health may make available informational services that provide general health and financial information. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by Sheen Health. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment. Sheen Health makes no warranty as to the content of these materials or the information contained therein.
Rights You Grant to Us
You may permit Sheen Health to retrieve your or your minor dependents’ information maintained online by third party administrators of your health plans or other third parties with which you engage in healthcare transactions (“Account Information”). We make no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. We are not responsible for the products and services offered by or on third-party sites. Sheen Health cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Sheen Health cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. Sheen Health may use and store the content, but only to provide the Service. By using the Service, you expressly authorize Sheen Health to access your Account Information maintained by identified third parties, on your behalf as your agent.
With respect to any user review that you choose to submit to the Service, you grant Sheen Health a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, delete, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform information contained in such a user review for any purpose whatsoever throughout the world in any media, now known or hereafter devised. In addition, you further agree that Sheen Health retains the absolute right and sole discretion to publish, post, display, remove, screen, edit, or reinstate your review without notice to you.
Sheen Health welcomes and encourages you to provide feedback, comments and suggestions for improvements to the Service (“Feedback”). You may submit Feedback by emailing us at email@example.com. Any feedback you provide will become the confidential and proprietary information of Sheen Health, and you agree that Sheen Health may use in any manner and without limitation all comments, suggestions, complaints, reviews and other feedback you provide relating to the Service. This includes, without limitation, all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Sheen Health’s request and expense, you will execute documents and take such further acts as Sheen Health may reasonably request to assist Sheen Health to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
THE SITE, SERVICES AND CONTENT ARE PROVIDED BY SHEEN HEALTH (AND ITS LICENSORS AND SUPPLIERS) “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SHEEN HEALTH MAKES NO WARRANTY THAT THE SITE, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. SHEEN HEALTH MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR CONTENT OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ANY INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SHEEN HEALTH OR THROUGH THE SITE, SERVICES OR CONTENT, IS NOT INTENDED TO PROVIDE LEGAL, HEALTH OR FINANCIAL ADVICE AND WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND AND AGREE THAT ANY INFORMATION STORED ON OR ACCESSIBLE VIA THE SITE AND SERVICE IS STORED AND ACCESSIBLE AT YOUR OWN DISCRETION AND RISK AND THAT SHEEN HEALTH WILL NOT BE RESPONSIBLE FOR ANY LOSS OF OR DAMAGE TO THE HEALTHCARE AND FINANCIAL INFORMATION OR ACCESS INFORMATION AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
The Site may contain links to third party offerings or resources. You acknowledge and agree that Sheen Health is not responsible or liable for: (i) the availability or accuracy of third party offerings or resources or advertisements; or (ii) the content, products, or services available from such offerings or resources or advertisements. Links to such offerings or resources do not imply any endorsement by Sheen Health of such offerings or resources or the content, products, or services available from such Web sites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such offerings or services.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CONTENT REMAINS WITH YOU. IN NO EVENT SHALL SHEEN HEALTH, NOR ANY OF ITS AFFILIATES, BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF (i) ACTUAL FEES PAID BY YOU, OR (ii) $100. IN NO EVENT SHALL SHEEN HEALTH OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY AND WHETHER OR NOT SHEEN HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT IS SHEEN HEALTH LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY’S ACTS OR OMISSIONS.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Sheen Health, its affiliates, officers, agents, employees, and partners 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 any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
The Site, Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. This includes all text, art, graphics, logos, button icons, images, pictures, audio and video clips, and software. Sheen Health and its licensors exclusively own all rights, title and interest in the Site, Services and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Content.
Sheen Health is based in the State of Connecticut in the United States of America. Sheen Health makes no claims that the Content of the Service is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The indemnification provisions set forth above are for the benefit of Sheen Health, its Affiliates, its customers, and its third party providers of data, software and content. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
You agree not to do any of the following:
Post, publish, submit or transmit any text, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
You and Sheen Health agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, Services or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a 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 acknowledge and agree that you and Sheen Health are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Sheen Health otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Connecticut and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.