Acceptance of Terms
This Sprig Health Inc. web site (this “Site”) is provided subject to the terms and conditions set forth below (the “Terms”), in addition to, and not in limitation of, the provisions of any other agreement you may enter into with Sprig. In addition to these agreements, you consent to the information practices disclosed in our
which is incorporated herein by reference. For purposes of the Terms, “Sprig” is defined as Sprig Health, Inc., its affiliates, subsidiaries, and respective officers, directors and employees.
Sprig may modify these Terms from time to time and without notice, effective immediately upon posting on this Site. Your continued access or use of this Site shall constitute acceptance of such modifications of the Terms. Sprig has the right to terminate your access or use of this Site at any time without notice.
Description of Services
Sprig is launching an on-line marketplace that will give customers direct access to health care providers by facilitating the publishing and purchasing of health care services on a cash basis.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SELECTING THE “I AGREE” BUTTON ASSOCIATED WITH THIS TERMS OF SERVICE OR BEFORE ACCESSING, USING OR BROWSING SPRIG OR ANY OF THE CONTENT.
BY CLICKING ON “I AGREE,” OR BY ACCESSING, BROWSING OR USING SPRIG OR ANY OF THE CONTENT, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE THAT:
YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE;
YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE;
THIS TERMS OF SERVICE IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND SPRIG; AND
IF ACCESSING, BROWSING OR USING SPRIG OR ANY OF THE CONTENT ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE.
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING AGREEMENT AND ACKNOWLEDGEMENT, THEN DO NOT SELECT THE “I AGREE” BUTTON ASSOCIATED WITH THIS TERMS OF SERVICE OR ACCESS, BROWSE OR USE SPRIG OR ANY OF THE CONTENT. MOREOVER, SPRIG DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE SPRIG OR THE CONTENT WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING AGREEMENT AND ACKNOWLEDGEMENT.
When you visit Sprig or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
When creating an order, or otherwise using this web site, you represent that: (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this website in accordance with this Agreement; (iv) you will only use this Website to create legitimate orders, or other obligations as applicable, for you or for another person for whom you are legally authorized to act.
Agreement Regarding Orders
At the time of creating an order for a service offered by a provider, or in connection with your use of any of the other services offered by Sprig, there may be other terms and conditions relating to your use for which you are obligated. You agree to all such terms and conditions, where applicable.
You may not use this Site in any manner that may: adversely affect this Site’s resources or the availability of this Site to others; violate any local, state, national or international law; delete or revise any content on this Site; or, transmit, disclose or harass any other person or to collect or store personal information about others. If you have a unique user identifier and/or password to access secure areas, you are responsible for protecting the identifier and/or password and from any unauthorized use by others, with or without your permission. In addition, you agree to notify Sprig immediately of any unauthorized use of your password or other security measure.
You may not submit or post any material or information that is illegal, obscene, threatening, defamatory, invasive of privacy, or infringing of proprietary or legal rights of any person or entity, or which contains software viruses, corrupted data, cancel bots, commercial solicitations, or mass mailings or any form of “spam.” You may not use a false email address to impersonate any person or otherwise mislead as to the origin of any material or information you submit or post. You expressly acknowledge and agree that engaging in any of the above activities constitutes an unauthorized use of the service provided and a material breach of this Agreement, which may result in sanctions, ranging from suspension or termination of your access and/or cancellation of your accounts. In addition, you are responsible for all software and equipment necessary to access and use this Site, including all related expenses, if any.
Sprig reserves the right to revise, amend, discontinue, or refuse the application of any discount code in order to reflect changes affecting Sprig’s business, technology, payment methods, site capabilities, relevant laws or regulations, or where the discount code was created, revised, or amended in error. Discount codes will expire on the date specified in the specific terms relating to the discount code. Discount codes have no cash redemption value and cannot be transferred or assigned except at the sole discretion of Sprig. Some discount codes may only be used for one order, which will be specified in the specific terms relating to the discount code. No combination or conjunction of discount codes are permitted except where the specific terms of the discount code states it or at the sole discretion of Sprig. No credit or refund of discounts will be permitted for the cancellation or incompletion of service except at the sole discretion of Sprig. Sprig is not liable for any lost, forgotten, incorrect, faulty, or defective discount codes.
We Are Not Responsible for Accuracy of Provider Information
The availability of services, stated fees, description of provider services and other information have been provided by the participating providers. While Sprig makes reasonable efforts to ensure that the information on this website is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on this website. Sprig makes no warranties or representations whatsoever with regard to any service or product provided, or any provider, or other product offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by a provider or any vendor shall be at your own risk.
No Medical Advice
The information that you obtain or receive from Sprig, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site is for informational and ordering purposes only.
Nothing stated or posted on the site or available through any services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Site. If you rely on any of the Information provided by the Site, you do so solely at your own risk.
When you order a service or use any other features on this website, you acknowledge and agree that no licensed medical professional/patient relationship is created including, but not limited to any features that assist in finding a medical professional. We have no control over, and cannot guarantee the availability of any physician at any particular time. We are not liable for cancelled or otherwise unfulfilled orders or any injury, loss or inconvenience resulting therefrom.
Sprig does not warrant that any Sprig Content or any other content posted on this Site is accurate, complete, reliable, current or error-free. Sprig does not warrant this Site will meet your requirements, or that your access or use of this Site will be uninterrupted, timely, secure or error-free, nor does Sprig make any warranty whatsoever regarding the quality of any products, services, information or any other material you obtain through this Site.
WE TRY TO KEEP SPRIG UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SPRIG “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SPRIG WILL BE SAFE OR SECURE. SPRIG IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Limitation of Liability
Sprig is not responsible for any loss or damage arising directly or indirectly from your use of this Site, or the interception of loss of any data transmitted to or from this Site. Sprig shall have no liability whatsoever for failure of electronic or mechanical equipment or communication, telephone or other connection problems, computer viruses, unauthorized access or interception of data or this Site, theft, or errors. Your use of this site, and the submission of any information by you are at your own risk. If the information you post is confidential, defamatory or otherwise violates the rights of third parties, you may be legally responsible for damages. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with your use of this Site, even if we have been advised of the possibility of such damages.
Notwithstanding the above, our aggregate liability arising out of this statement or Sprig will not exceed the greater of (1) the amount of fees you pay to Sprig in the 12 months prior to the action giving rise to liability, or (2) $500. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Sprig’s liability will be limited to the fullest extent permitted by applicable law.
You agree to indemnify, defend and hold Sprig, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Service, the violation of this Agreement, or infringement by you, or another user of the Service using your computer, or any intellectual property or any other right of any person or entity.
All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, indexes, desktop tools, software and any other material or information used in connection with this Site (“Sprig Content”); the selection, arrangement, and presentation of all Sprig Content (including information in the public domain); and the overall design of this Site are the exclusive property of Sprig.
Sprig grants you a personal, non-transferable, non-exclusive limited license to access this Site and to download and print limited copies of Sprig Content from this Site solely for: (a) your personal, non-commercial use, and provided that you do not delete or modify any copyright or other proprietary notices there from; or (b) as expressly permitted under any Agreement currently in effect between you and Sprig. Any other copying, use, distribution or modification of Sprig Content or any other property of Sprig, whether in electronic or hard copy form, is strictly prohibited without the express prior written permission of Sprig.
Sprig and any other names of Sprig or its web sites, publications, products, content or services referenced on this Site are the exclusive trademarks or service marks, or intellectual property of Sprig, including without limitation the “look and feel” of this Site and the color combinations, layout and other graphical elements of this Site. You may not use Sprig’s trademarks or intellectual property in any manner without the express, written permission of Sprig. Other product and company names that appear on this Site are subject to trademark or other rights of other parties.
Linking to Other Web Sites
Sprig has no control over other Web sites or other resources accessed through links on this Site. Any such links are provided for your convenience only, and do not constitute an endorsement of the linked site(s) or content by Sprig. Sprig makes no guarantees and disclaims any implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness of these sites, the information contained in them or the products or services they provide. Sprig shall not be liable, directly or indirectly, for any damage or loss incurred by you in connection with web sites or resources accessed through links on this Site.
Linking to and Framing of This Web Site
You may not frame any Sprig Content, or use any trademark, logo or other proprietary information on this Site, without Sprig’s express written consent. You may not use Sprig’s name or trademarks in any meta-tags or other hidden text without the express written consent of Sprig. You may link to this Site for non-commercial purposes only. Sprig reserves the right to demand you remove any such link at any time, for any or no reason, and at Sprig’s sole discretion.
The contents of the Sprig Site, such as text, graphics, images, information obtained from Sprig’s licensors, and other material contained on the Sprig Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sprig Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. Sprig does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Sprig, Sprig employees, others appearing on the Site at the invitation of Sprig, or other visitors to the Site is solely at your own risk.
Compliance with COPPA
This Site is not directed at children under the age of 13. Sprig complies with the Children’s Online Privacy Protection Act and does not knowingly permit registration or submission of personally identifiable information by anyone under 13 years of age.
You understand and agree that your access to the web site, the services provided and your account depends upon your compliance with the terms of this Agreement and the Conditions of Use, as well as Sprig’s decision to continue operating the web site and the services. There is no guarantee that Sprig will continue to offer the services and Sprig may simply discontinue the service upon notice to you. Sprig may also terminate your access to and your use of the service and your account (or any user of your account) if you breach any terms of this Agreement or the Conditions of Use or you access or use the service or your account in a manner that is not expressly authorized by Sprig. In that event, Sprig may, in addition to other remedies, terminate your access to the service and your account. Regardless of the cause or basis for termination, you agree that you are not entitled to compensation of any kind as a result of the termination.
Governing Law and Disputes
These Terms, and any dispute that may arise between you and Sprig, will be governed by the laws of the State of Oregon without regard to conflict of laws principles. The Terms, as may be amended from time to time, set forth the entire understanding between you and Sprig as to the subject matter of the Terms, unless otherwise specifically provided under a written agreement, and supersede any prior agreements between you and Sprig, whether oral or written, as to the subject matter of the Terms. Jurisdiction and exclusive venue will only be in the courts of Multnomah County, Oregon for any disputes arising out of or relating to these Terms.
People Covered by Health Plans
The services purchased through Sprig Health are not intended to be applied toward any health insurance deductible, premium, nor are they eligible for Medicare, Medicaid or Workers’ Compensation reimbursement.
If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all Terms shall be enforced to the fullest extent permitted by law. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of Sprig. Sprig may assign its rights and duties under the Terms to any party, at any time, without notice. Sprig reserves all rights not expressly granted in these Terms.
Version 1.3, Revised 10/01/2013