Sydney Care Terms of Use

Last Updated: October 22, 2019

DO NOT USE THIS APPLICATION FOR EMERGENCY MEDICAL NEEDS.
If you experience a medical emergency, call 911 immediately.

Welcome to Sydney Care, the mobile service (“Application” or “Sydney Care”) operated by CareMarket, Inc. (“CareMarket,” “we” or “us”) with the help of K Health Inc. (“K Health”) and American Well doing business as LiveHealth Online (“LiveHealth Online”).

The Symptom Checker and Virtual Visit by text functionality of the Application are provided by KHealth (the “K Health Service,” which is referred to in the K Health Terms (defined below) as the Service). The Virtual Visit by video functionality of the Application is provided by LiveHealth Online (the “LiveHealth Service”).

By clicking “I Agree,” or the like, indicating acceptance electronically, you signify that you have read, understood, and agree to be bound by these Terms of Use (these “Terms”), the K Health Terms of Service (“K Health Terms”) and the LiveHealth Online Terms of Service (“LiveHealth Terms”), and to the collection and use of your information by Sydney Care as set forth in the Sydney Care Privacy Policy, whether or not you are a registered user of our Service. We reserve the right to make unilateral modifications to these Terms and will provide notice of these changes as described below. These Terms, the K Health Terms, and the LiveHealth Terms together constitute this “Agreement.”

These Terms and the K Health Terms shall govern your use of the K Health Service; provided, however, that, with respect to the K Health Service, in the event of any conflict or inconsistency between these Terms and the K Health Terms, the K Health Terms shall control.

These Terms and the LiveHealth Terms shall govern your use of the LiveHealth Service; provided, however, that, with respect to the LiveHealth Service, in the event of any conflict or inconsistency between these Terms and the LiveHealth Terms, the LiveHealth Terms shall control.

Please Note: K Health and LiveHealth have their own privacy policies (found alongside their terms of service), which disclose what information they collect and how it may be used and shared. Please read them carefully.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. YOUR USE OF SYDNEY CARE
Your use of the Sydney Care features – the K Health text chat and LiveHealth video chat -- requires that you agree to the use and disclosure of your health information maintained in Sydney Care, including your answers to the health questions in the Symptom Checker and the results it provides. Such data will be used, maintained and disclosed in a manner consistent with our Privacy Policy.

Your use of Sydney Care is not intended to take the place of appointments with your regular primary care provider. If you do not have an established relationship with a primary care provider, you are encouraged to develop one. Do not disregard medical advice from your regular doctor or other health professional because of information provided by a health services provider via Sydney Care.

CareMarket is not licensed to practice medicine and does not render medical care or medical advice.

Neither CareMarket, nor any of its licensors or suppliers, shall be liable for any advice obtained from a health service provider using Sydney Care. CareMarket does not recommend or endorse any specific providers, tests, medications, products or procedures. All services or recommendations made by a health service provider are based on their independent professional judgment.

2. YOUR COMMUNICATIONS
You are responsible for your own communications using Sydney Care. You may not:

• communicate material that is copyrighted, without the permission of the copyright owner;

• communicate material that reveals trade secrets, unless you have permission of the owner;

• communicate material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;

• communicate material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any person or entity;

• communicate a sexually explicit image;

• communicate chain letters or pyramid schemes;

• impersonate another person; or

• violate the Children’s On Line Privacy Protection Act.

3. CHARGES FOR SERVICES; INSURANCE BENEFITS
You will be informed of the fee to be charged when you select a health services provider. Fees may vary from provider to provider. You are solely responsible for all fees.  

CareMarket is not an insurance provider. Services obtained through the Application are not in-network for any health plan, and may not be covered by insurance. If you have insurance, LiveHealth Online and/or K Health may be able to facilitate the submission of an out-of-network claim. You understand and agree that such interaction is solely between you and LiveHealth Online and/or K Health.

Payment for Virtual Visits are made via a third party payment processing services provider. Your use of of that service is subject to their terms of service, which you should review.

4. PASSWORDS AND ACCOUNT
Your username and password (collectively, the “Password”) will allow you to access the Application. You are solely responsible for controlling your Password, and are prohibited from making available your Password to any third party. You are responsible for all activities that occur under your Password. You agree to notify Sydney Care Customer Support at (833)306-9053 immediately of any unauthorized use of your Password or of any need to reset or lock down the Password(s) associated with your account.

‍PLEASE NOTE: If you use the Application without logging in, any personal information you enter into the Application may be accessible to anyone else who has access to your mobile device. We recommend that you log in every time you want to use the Application.

5. TERMINATION
CareMarket may terminate any user’s right to use this Application at any time. CareMarket reserves the right to block, delete or stop the uploading of materials and communications that it in its sole discretion finds unacceptable for any reason. We may permanently or temporarily terminate or suspend your access to the Application without notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason. Upon termination of your access to the Application for any reason, you shall continue to be bound by the terms of this Agreement as applicable. If your right to use this Application ends, you shall make no further use of this Application or any information obtained from this Application. If you find that you have been terminated, you may contact Sydney Care Customer Support at (833)306-9053 for further information.

6. LINKING TO OTHER APPLICATIONS
From time to time we may provide links to other applications or websites not owned or controlled by CareMarket. We do this because we think this information might be of interest or use to you or where, as a user, we can provide you with value-added services. While we do our best to ensure your privacy, we cannot be responsible for the privacy practices of other applications or websites. A link to a non-CareMarket application or website does not necessarily constitute or imply endorsement by CareMarket. Additionally, we cannot guarantee the quality or accuracy of information presented on non-CareMarket applications or websites. We encourage you to review the privacy practices of any application or website you visit.

7. APPROPRIATENESS OF CONTENT
This Application is not intended to attract children under the age of 18.

8. NO LIABILITY FOR COMPUTERS AND NETWORKS USED TO ACCESS YOUR ACCOUNT
We are only responsible for the security of the computer systems we own and operate. CareMarket shall have no liability for information about you stored or recorded by any computer or mobile device or any network, whether public or private, that you may use to access the Application. We are not responsible for the security of data you may choose to enter into the Application before logging into your account.

9. ACCEPTABLE USE
You agree not to access or use the Application for an unlawful or illegitimate purpose. You shall not attempt to disrupt the operation of the services or the Application system. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks.

10. OPERATION AND RECORD RETENTION
CareMarket reserves complete and sole discretion with respect to the operation of the Application. CareMarket may withdraw, suspend or discontinue any functionality or feature of the services. CAREMARKET is responsible for maintaining data arising from use of the services offered by CareMarket, but does not warrant the accuracy or completeness of the data stored. CareMarket reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Application system pursuant to its internal record retention and/or destruction policies.

K Health and LiveHealth Online, and not CareMarket, are each separately responsible for maintaining data arising from the use of the services offered by K Health and LiveHealth Online.

11. INTELLECTUAL PROPERTY; USE OF APPLICATION
Sydney and Sydney Care are service marks of CareMarket, Inc.

‍All of the content available on or through the Application is the property of, respectively, CareMarket, K Health, and LiveHealth Online, or their licensors, and is protected by copyright, trademark, patent, trade secret and other intellectual property laws. We give you permission to display, download, store and print the content only for your personal, non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received using the Application to anyone. All software and accompanying documentation made available for download from the Application is the copyrighted work of CareMarket, K Health, and LiveHealth Online, or their licensors. “Sydney Care” is the trademark of CareMarket. All other brands and names are the property of their respective owners. Nothing contained on the Application should be construed as granting any license or right to use any trademark displayed on this application without the express written permission of CareMarket, K Health, LiveHealth Online, or any other party that may own the trademark.

Organizations, companies, and/or businesses may not become members and should not access or use the Application without express consent from CareMarket. Users with individual commercial interests may not solicit or overtly promote their products or services within the Application. Representatives from life sciences and insurance companies are prohibited from creating accounts or registering for the Application on behalf of their employers, but may use the Application in their personal capacity. All content shared within the Application is not for external use.

Subject to these terms, CareMarket hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Application to the extent, and only to the extent, necessary to access and use the Application for your personal use.

CareMarket reserves all rights not expressly granted herein. CareMarket may terminate this license at any time for any reason or no reason.

12. DIGITAL MILLENNIUM COPYRIGHT ACT
CareMarket respects the intellectual property of others and expects users of our Application to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this application or through this Application, you must notify CareMarket’s copyright agent in writing pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3). The contact information for CareMarket is at the bottom of this section. In order for CareMarket to take action, you must do the following in your notice:

• provide your physical or electronic signature;

• identify the copyrighted work that you believe is being infringed, or, if multiple copyrighted works are covered by the notice, a representative list of such works;

• identify the material that is claimed to be infringing and where it is located on the Application;

• provide information reasonably sufficient to permit CAREMARKET to contact you, such as an address, telephone number and/or electronic mail address;

• provide a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or law; and

• provide a statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted as a written notification to CAREMARKET through CAREMARKET Customer Service or by writing us at 220 Virginia Avenue, Indianapolis, IN 46204, ATTENTION: LEGAL DEPARTMENT/DMCA COMPLAINT. This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).

13. LIABILITY OF CAREMARKET AND ITS LICENSORS AND SUPPLIERS

13.1 No Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, CAREMARKET, K HEALTH, LIVEHEALTH ONLINE, AND THEIR LICENSORS AND SUPPLIERS (INCLUDING, FOR THE PURPOSES OF THIS ENTIRE SECTION, ALL PROVIDERS OF CONTENT FOR THIS APPLICATION) SHALL NOT BE LIABLE TO YOU, UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF LIABILITY OR INDEMNITY, FOR ANY DAMAGES OR PENALTIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE USE OR INABILITY TO USE THIS APPLICATION OR THE CONTENT, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CAREMARKET’S, K HEALTH’S, LIVEHEALTH ONLINE’S, AND THEIR LICENSORS’ AND SUPPLIERS’, AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE APPLICATION OR THIS AGREEMENT, WHETHER FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO CAREMARKET IN THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THE FOREGOING CAP APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE REMEDIES STATED FOR YOU IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
CareMarket and its licensors and suppliers are not responsible for any claims you may have against any medical professionals, suppliers of products or other persons, institutions or entities identified in whole or in part through this Application.

13.2 No Warranties. THE APPLICATION, SERVICES, CONTENT AND INFORMATION ARE PROVIDED “AS IS.” CareMarket, ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES RIGHTS OR FITNESS FOR A PARTICULAR PURPOSE.

CareMarket, ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION IN, OR LINKS OR SEARCHES CONDUCTED THROUGH THIS APPLICATION IS COMPLETE, EXHAUSTIVE, RELIABLE, CURRENT OR ACCURATE. NO CLAIMS OR ENDORSEMENTS ARE MADE FOR ANY DRUG, HERB, SUPPLEMENT, COMPOUND, THERAPY, OR TREATMENT.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

No CareMarket employee or representative or its affiliates or any third party is authorized to make any modification, extension or addition to this Section 13 or any part of this Agreement. If any term of this Section 13 is held to be illegal or unenforceable, the remaining terms of this Section 13 will remain in full force and effect.

14. INDEMNIFICATION
Without limiting the generality or effect of other provisions of these terms, as a condition of use, YOU agree to indemnify and hold harmless CareMarket, K Health, LiveHealth Online, and their licensors and suppliers, and their parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your use of the Application and/or your receipt of services; (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any of your obligations set forth here. You shall not settle any such claim without the written consent of the applicable Indemnified Party.

15. MOBILE SOFTWARE
15.1 Mobile Application.
To use the Application, you must have a mobile device that is compatible with the Application. We do not warrant that the Application will be compatible with your mobile device. You may use mobile data in connection with the Application and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. You may not: (i) modify, disassemble, decompile or reverse engineer the Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application. You acknowledge that we may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this User Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Application is covered by the applicable open source or third-party license, if any, authorizing use of such code. The foregoing license grant is not a sale of the Application or any copy thereof, and We or our third-party partners or suppliers retain all right, title, and interest in the Application (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this User Agreement, is void. We reserve all rights not expressly granted under this User Agreement. The Application originates in the United States, and is subject to United States export laws and regulations. The Application may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Application may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Application and the Service.

15.2 Application from Apple App Store. The following applies to any Application you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this User Agreement is solely between you and us, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the Application Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this User Agreement and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this User Agreement and any law applicable to us as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this User Agreement. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this User Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this User Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this User Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

15.3 Application from Google Play Store. The following applies to any Application you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that this User Agreement is between you and us only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) We, and not Google, are solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or this User Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to this User Agreement as it relates to our Google-Sourced Software.

16. CHANGES TO THIS NOTICE
CareMarket reserves the right to revise, modify or amend these Terms at any time, and in connection with doing so, will update the ‘last modified’ date at the top of this page.  Any such revision, modification or amendment shall be effective immediately upon either posting it to this Application or otherwise notifying you. You should visit the Website periodically to review these Terms and check for updates. If we make any material changes to these Terms, we will use reasonable efforts to notify you of such changes. Your continued use of the Application after the effective date of any such changes will constitute your acceptance of and agreement to such changes. IF YOU DO NOT WISH TO BE BOUND TO ANY NEW TERMS, YOU MUST TERMINATE THESE TERMS BY IMMEDIATELY CEASING USE OF THE APPLICATION.

17. GOVERNING LAW, ARBITRATION, AND CLASS ACTION/JURY TRIAL WAIVER

17.1 Governing Law.  
You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York.  This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.  You agree to submit to the personal jurisdiction of the federal and state courts located in New York, New York for any actions for which we retain 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 our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm.  You agree that New York, New York is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

17.2 Arbitration.  READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. For any dispute with Company, you agree to first contact us at support@sydneycare.ai and attempt to resolve the dispute with us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, Inc. (“JAMS”), under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York, New York, unless you and Company agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

17.3 Class Action/Jury Trial Waiver.  WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.  

18. MISCELLANEOUS
CareMarket is based in Indianapolis, Indiana in the United States of America and makes no claims that the content and information included at this application is appropriate or may be downloaded outside of the United States. Access to the content and information included at this application may not be legal by certain persons or in certain countries. If you access this application from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction and any other applicable laws.

CareMarket may without notice to you assign its rights and duties hereunder to any party at any time. Failure to enforce or insist on strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify these terms. The invalidity or unenforceability of any provision shall not in any way affect the validity or enforceability of the rest of these terms.

These Terms constitute the entire agreement between you and CareMarket pertaining to the subject matter hereof, and supersedes any and all written or oral agreements with respect to such subject matter. In these Terms, “including” means “including without limitation” (and similar terms will be construed without limitation) and headings are for convenience only and will not affect interpretation. These Terms are personal to you and may not be assigned or transferred for any reason whatsoever without CareMarket’s prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. CareMarket expressly reserves the right to assign these Terms and to delegate any of its obligations hereunder.

The parties designate K Health and LiveHealth Online as third-party beneficiaries of these Terms, having the right to enforce each and every provision of Terms with respect to matters arising from the subject matter of these Terms.

‍Sydney and Sydney Care are service marks of CareMarket, Inc.

19. NOTICES
To the extent that the law and/or any applicable regulation allows for the provision of notice electronically, use of this application and the Application constitutes agreement by the user to receive all such notices electronically, including but not limited to notices required by state or federal privacy laws, and all financial information pertinent to, or required in connection with the operation of the Application. By agreeing to these Terms, you agree to receive certain CareMarket notification or information via push notification or SMS text message.  You may incur additional charges from your wireless provider for these services and that you are solely responsible for any such charges.  These notifications or text messages may contain information about the symptoms and other health information you have provided to CareMarket and to third-party providers who participate with K Health and LiveHealth Online. Notifications from treating providers will be encrypted; other messages you receive from us are not encrypted.  You can opt-out of receiving such notifications.

20. QUESTIONS
If you have questions and comments, or if you believe that your confidentiality has been breached or that any of your communications have been intercepted, or you wish to notify us regarding a suspected violation of these terms, please contact Sydney Care Customer Support by email at support@sydneycare.ai or call toll free at (833)306-9053 immediately.

Sydney Care is produced by CareMarket, Inc. at various locations including
220 Virginia Avenue, Indianapolis, IN 46204.
© 2019 CareMarket. All rights reserved.