Last updated September 5, 2018
Please read these terms and conditions of use carefully. By accessing or using this web site or the Amino service, you agree to be bound by the terms and conditions described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this web site.
Arbitration notice: except for certain types of disputes described in the arbitration clause below, you agree that disputes between you and Amino will be resolved by mandatory binding arbitration and you waive any right to participate in a class-action lawsuit or class-wide arbitration.
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.
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”). The Amino Service also includes a booking service that will assist 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 (a) HSA administration services that enable you to open an HSA account, activate an HSA card, check account balances, account activity, or contribution limits, upload notes or receipts, make a contribution or payment, disburse funds, roll over your account, or otherwise interact with your HSA account (the “HSA Services”), and (b) health advocacy services, if such Amino Services are made available to you.
Amino is not a referral service and does not recommend, endorse, discourage, screen or approve any providers or any medical procedures, 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 and for obtaining any additional information you need to make an informed decision prior to utilizing 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 and your 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 by inaccurate or incomplete, and that you should not rely on such estimates. In addition, neither Amino nor its affiliates are providing any federal or state tax advice or financial or legal advice. 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; and (e) the accuracy of any information accessed through the Amino service including cost estimates, insurance coverage, and HSA contribution and maximum information.
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 firstname.lastname@example.org (with the exception of important service announcements and administrative messages) or by replying “STOP” via text message. 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 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. 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.
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: 394 Pacific Avenue, San Francisco, CA 94111
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.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Amino has adopted a policy of terminating, in appropriate circumstances and at Amino’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Amino may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
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 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.
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.
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:
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, if you create an account, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites (“Registration Data”); (b) maintain the security of your password and identification; (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.
Except as expressly provided to the contrary in a writing by Amino, the sites, the site materials contained therein and the Amino service are provided on an “as is” basis without warranties of any kind, either express or implied. Amino disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the sites and the Amino service, including the information, content and materials contained therein. Amino does not represent or warrant that the sites, the site materials, or the Amino service are accurate, complete, reliable, current or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Amino is not responsible for typographical errors or omissions, including relating to providers. While Amino attempts to make your access and use of the sites and the services safe, Amino cannot and does not represent or warrant that the sites or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.
Amino reserves the right to change any and all content contained in the Sites and to modify, suspend or discontinue the Sites or the Amino Service or any features or functionality thereof at any time without notice and without obligation or liability to you. 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, or any affiliation therewith, by 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 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) 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 any compensation you pay, if any, to Amino for access to or use of the sites and the Amino service. The limitations set forth in this Section 17 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Amino or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
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.