Last updated January 27, 2021
1. The Amino Service
Amino uses proprietary processes and algorithms to provide information to users (“Users”) to assist them in finding and selecting a doctor or other health provider (a “Provider”) on their own behalf or on the behalf of others. The Amino Service also includes a booking service that will assist certain Users in making an appointment with a Provider located through the Amino Service (the “Booking Service”). If you make an appointment through the Booking Service, you acknowledge and agree that you are entering into a direct relationship with the Provider. It is solely up to you to verify whether the insurance plan you have will apply to the Provider and the services being provided. In addition, the Amino Service may include health advocacy services (“Health Advocacy Services”), provided through personal health advocates (“Personal Health Advocates”), if such Amino Services are made available to you through your employer.
Amino is not a referral service and neither Amino nor its contractors or the Personal Health Advocates recommend, endorse, discourage, screen or approve any providers, practices, or any medical procedures, tests, products or services, nor does Amino provide medical advice, diagnosis, or treatment of any kind. You are solely responsible for selecting and determining the suitability of providers you use or recommend to others and for obtaining any additional information you need to make an informed decision prior to utilizing or recommending any provider, whether or not you obtained information about such provider through the Amino service and whether or not Amino assisted in making an appointment with such provider. Any cost or pricing information available through the Amino Service, including any information regarding the amounts you or another individual and your or their insurance company might be expected to pay a provider, is an estimate only, based on a variety of factors considered by Amino and is not intended as a representation or guarantee as to the specific pricing applicable to particular procedures for a given provider. If you have a question regarding a medical condition, you should seek advice and treatment from a qualified health care professional. If you have a medical emergency, call 911 immediately.
The Amino Service may provide information regarding your account activity and estimates of your contribution amounts and account maximums. However, you acknowledge that this information is merely an estimate based on available information, which may be inaccurate or incomplete, and that you should not rely on such estimates.
In addition, neither Amino nor its affiliates, contractors, or Personal Health Advocates are providing any federal or state tax advice or financial or legal advice and Amino is not a healthcare or financial planner or advisor. Please consult your tax or legal advisors for more information about your specific tax, financial or legal situation.
Amino makes no representations or warranties of any kind regarding, and disclaims all responsibility or liability for: (a) the quality or suitability of any Provider; (b) the advice, treatment or other services rendered and any claims arising therefrom; (c) the results obtained from any Provider; (d) the conduct or actions of any Provider or other third parties from whom you may have received any products or services; (e) the accuracy of any information accessed through the Amino Service including cost estimates, and insurance coverage; and (f) any third-party products or services selected based on information provided on the Sites or through use of the Health Advocacy Services.
As part of the Amino Service, you may (if enabled) receive text messages, alerts, confirmations, emails, or other types of messages from Amino. You can opt in or out of these messages through the Sites by emailing email@example.com (with the exception of important service announcements and administrative messages) or by replying “STOP” via text message. You may continue to receive text messages for a short period of time while we process your request, and you may also receive text messages confirming the receipt of your opt-out request. You consent to Amino’s communicating with you about the Amino Service in connection with the features, functions and activities contained therein by SMS, text message, email or other electronic means. Your carrier's normal messaging, data and other rates and fees will apply to these communications.
Unless otherwise indicated, the Sites and all content and other materials on the Sites, including, without limitation, the Amino logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Amino or its licensors or users and are protected by U.S. and international copyright laws.
Amino, the Amino logos and any other Amino product or service name or slogan contained in the Sites are trademarks of Amino, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Amino or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Amino" or any other name, trademark or product or service name of Amino without Amino’s prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, buttons, icons and scripts, is the service mark, trademark and/or trade dress of Amino and may not be copied, imitated or used, in whole or in part, without Amino’s prior written permission.
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for non-commercial purposes, provided such link does not portray Amino or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an Amino logo or other proprietary graphic of Amino as a link to the Sites without the express written permission of Amino. Further, you may not use, hot-link to, frame or utilize framing techniques to enclose any Amino trademark, logo or other proprietary information, including the images found at the Sites, the Site Materials (including any charts or data), and the layout/design of any page or form contained on a page on the Sites without Amino's express written consent. Except as noted in Section 7 above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Amino or any third party.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.9. Third-Party Content
9.1 Amino may provide, link to or utilize third-party data and other content, on the Sites or in connection with the Amino Service (collectively the "Third-Party Content") as a service to those interested in this information. Amino does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy, currency, or completeness. Amino makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under Amino’s control and Amino is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Amino provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Amino of any site or any information contained therein. When you leave the Sites, you should be aware that Amino’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
9.2 You acknowledge and agree that Amino is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content and anything derived therefrom at their own risk.
9.3 Third party content includes Leapfrog Hospital Safety Grades, which are subject to the following terms:
You are being granted access to the Leapfrog Hospital Safety Grade (the “Safety Grade”) contained on this site in order to enable you to compare hospitals. The Safety Grade measures hospitals on their overall performance in keeping patients safe from preventable harm and medical errors by using a grade of A, B, C, D or F. The grades are derived from expert analysis of publicly available data using evidence-based, national measures of hospital safety, including data reported through CMS Hospital Compare, the Agency for Healthcare Research and Quality, the Centers for Disease Control and Prevention, The Leapfrog Hospital Survey and secondary data sources. Over 2,500 hospitals receive a grade each time the Safety Grade is updated, but certain hospitals do not, including critical access hospitals, specialty hospitals, pediatric hospitals, hospitals in Maryland and territories exempt from public reporting to CMS and other hospitals where adequate data is not available. Unless otherwise agreed upon in writing between you and Leapfrog, you may use the grades only for your personal or internal, noncommercial use and must not reproduce, republish, distribute, modify, reverse engineer or otherwise exploit the Safety Grade in whole or in part, in any manner not expressly permitted by this agreement.
10. Copyright Complaints
If you believe that anything on the Sites infringes upon any copyright which you own or control, you may file a notification of such infringement with Amino’s Designated Agent as set forth below.
Name of Designated Agent: Copyright Agent
Address: 44 Montgomery, # 02-143, San Francisco, CA 94104
Phone: (415) 300-2896
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by Amino or the alleged infringer as the result of Amino’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
12. User Content and Conduct
12.1. The Sites may include interactive areas (“Interactive Areas”), such as forums, in which you or other users create, post or store any content, messages, reviews, materials, text, photos, video, graphics, or other items or materials on the Sites ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
12.2. You further agree that you are solely responsible for your conduct while on the Sites and in connection with the Amino Service, and you agree that you will not do any of the following in connection with the Sites, the Amino Service or its users:
In consideration of your use of the Sites and/or the Amino Service, if you create an account, you agree to (a) provide accurate, current and complete information about you, e.g., your name, email address, or other contact information, as may be prompted by any registration forms on the Sites ("Registration Data"); (b) maintain the security of your password and identification, and you accept responsibility for all activities that occur under your account; (c) maintain and promptly update the Registration Data, and any other information you provide to Amino, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Amino.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL AMINO, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE ANY PROVIDERS, THE SITES, THE AMINO SERVICE, THE SITE MATERIALS, THE USER CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM AMINO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AMINO'S RECORDS, PROGRAMS OR SERVICES; AND (B) EXCEPT AS PROVIDED IN SECTION 18, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AMINO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PROVIDERS, THE AMINO SERVICE, THE SITES, AND THE SITE MATERIALS, EXCEED THE GREATER OF (X) ANY COMPENSATION YOU PAID TO AMINO FOR ACCESS TO OR USE OF THE SITES AND THE AMINO SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO A CLAIM, OR (Y) $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Applicable Law and Venue
18. Dispute Resolution and Arbitration; Class Waiver; Waiver of Trial by Jury
Please read the following paragraphs carefully because they require you to arbitrate disputes with Amino, and limit the manner in which you can seek relief from us.
18.5 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Amino’s address for Notice is: Amino, Inc, 394 Pacific Avenue, San Francisco, CA 94111. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Amino may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Amino must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Amino in settlement of the dispute prior to the award, Amino will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
18.7 No Class Actions. YOU AND Amino AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Amino agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
18.8 Modifications to this Arbitration Provision. If Amino makes any future change to this arbitration provision, other than a change to Amino’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Amino’s address for Notice of Arbitration, in which case your account with Amino will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
20.4 Contact Information. The Amino Service is offered by Amino, Inc. located at 44 Montgomery, # 02-143, San Francisco, CA 94104. You may contact us by sending correspondence to that address or by emailing us at firstname.lastname@example.org.
20.5 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
20.6 No Support. If you have any question regarding the use of the Sites or the Amino Service, please refer first to the Frequently Asked Questions. All other questions or comments about the Sites or its contents should be directed to email@example.com.We are under no obligation to provide support for the Sites and/or Amino Service. In instances where we may offer support, the support will be subject to published policies.
20.7 International Use. The Amino Service is intended for visitors located within the United States. We make no representation that the Amino Service is appropriate or available for use outside of the United States. Access to the Amino Service from countries or territories or by individuals where such access is illegal is prohibited
21. Notice Regarding Apple