Mora Medical, Inc. (“Mora Medical”, “we”, “our” or “us”) owns and operates the Mora Medical website available at www.mora.com (the “Site”), mobile application (“App”) and related services, including wellness content, communication services, facilitation of access to telehealth services, including certain on-demand app and video-based telehealth services, and other technology-enabled or personal services (together with the Site and App, the “Services”).
The Resistance, Inc. also provides management and administrative services to its affiliated medical practices, including Mora Medical (FL), PLLC (collectively, “Mora Medical Medical Group”), and their affiliated healthcare providers (“Providers”).
These Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
These Terms are subject to change at any time and without prior notice, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated” date referenced on the Site. If we make material changes to these Terms, we will make reasonable efforts to notify you of such changes (such as posting a notice on the Site). Your continued use of the Site after such changes will constitute your acceptance of such changes. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Site.
1. IMPORTANT NOTICES AND DISCLAIMERS. THE RESISTANCE, INC. IS NOT A HEALTHCARE PROVIDER. The Resistance, Inc. provides business and administrative support services to the Mora Medical Medical Group and the Providers affiliated with the Mora Medical Group who may provide healthcare services to you. Any general advice that may be posted on the Services is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment of, action by, or effect on any person following the general information offered or provided within or through the Services. Always directly contact your Provider or other qualified healthcare professionals with any questions regarding your personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional or 9-1-1 immediately. If any medical advice is provided to you by a Provider, such medical advice is not provided by The Resistance, Inc., but is provided by that Provider. Telehealth services are not available in every state, nor are they available at all times.
2. Our Services. Our Services facilitate the exchange of information, content, and services between you and your Provider. The Services may include, for example: (a) administrative support in connection with scheduling, communications, and payment for healthcare services you receive from your Provider, and (b) telecommunications and technology support for using the Services as a means of direct access to Providers for communication, consultations, assessments, and treatment by Providers. However, The Resistance, Inc. is not responsible for monitoring such information and communications, and we are not a party to the transactions that may occur between you and your Provider. Our Services might not function as intended. By using our Services, you assume full responsibility for your use of the Services and agree that we are not responsible or liable for any claim, loss, or damage arising from use of the Services.
3. Your Use of the Services to Access Telehealth Services. If you use the Services to access telehealth services from Mora Medical Group, you certify that you are physically located in the state you select in the Services or otherwise confirm to us as your current location at the time of your receipt of telehealth services from Mora Medical Group. Your ability to access and use the Services is conditioned on the truthfulness of this certification. The Providers that you access through the Service rely upon this certification in order to interact with you. If your certification is inaccurate, you agree to indemnify us and the Providers with whom you interact from any resulting losses, damages, costs, or expenses.
5. Account Registration and Security. To access and use certain Services, you will need a user account. You agree to provide complete, accurate information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date. When you create your account, you will be asked to create a username and password, which you will be solely responsible for safeguarding. You agree not to disclose your username or password to any third party, and you agree to notify us immediately at firstname.lastname@example.org if you suspect or become aware of any unauthorized use of your account. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, whether or not you have authorized such activities or actions. We will not be liable for any loss or damage arising from your failure to comply with these requirements. We reserve the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
7. Prohibited Uses. You may use the Services only for lawful purposes and in accordance with these Terms.
You agree not to use the Services:
Additionally, you agree not to:
8. User Content and Feedback. If you make available to us any content in any format (including ideas, concepts, feedback, and know-how (“Feedback”)), you hereby grant to Mora Medical a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such content, in any format or media now known or hereafter developed, and for any purpose. You acknowledge and agree that Feedback is not confidential, and that we are free to use any Feedback for any purpose.
9. Intellectual Property. The Services (and their entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (collectively, “Content”)) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No license, right, title or interest in the Services or Content is transferred to you as a result of your downloading, accessing, viewing or using the Services or Content.
These Terms permit you to access, view and use the Services on any device that you own or control for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material available through the Services or any Content, except as permitted by these Terms. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Services or any Content. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the Services or the Content is strictly prohibited.
10. Trademarks. The Mora Medical name and all other trademarks, wordmarks, service marks, graphics and logos included in or made available through the Services are trademarks or trade dress of Mora Medical and Mora Medical, Inc. All other marks are the property of their respective owners.
11. Modifications to the Services. We reserve the right to modify or withdraw the Services, and any Content we provide through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may Privileged & Confidential restrict access to some parts of the Services, or an entire Service, to users, including registered users.
12. Consent to Electronic Communications. By providing us with your email address or telephone number, you consent to receive electronic communications from Mora Medical and Providers through the Services (e.g., via email, text message, or by posting notices to the Services). These communications may include information from your Providers, payment authorizations, password changes, and other transactional or administrative information. You agree that any notices, agreements, disclosures or other communications sent through the Services electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions included in the email.
13. Linked Services; Third Party Materials. The Services may provide access to websites, information, products, services and other materials made available by third parties (“Third Party Materials”). We are not responsible for any Third Party Materials (including their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety, or any intellectual property rights contained in them). We do not have any obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) available through the Services at any time. The availability of any Third Party Materials through the Services is not an endorsement of them by Mora Medical, and it does not imply any affiliation with any provider of Third Party Materials. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to the Third Party Materials (like their terms of service or privacy policies).
14. Termination. Mora Medical, in its sole discretion, may terminate or suspend your access to or use of the Services without notice for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination, all provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity and limitations of liability.
15. No Representations or Warranties. Your use of the services and any content or items obtained through the services is at your own risk. The services, content and items obtained through the services are provided on an "As is" and "As available" basis, without any warranties of any kind, either express or implied. Neither mora medical nor any person associated with mora medical makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the services. Without limiting the foregoing, neither mora medical nor anyone associated with mora medical represents or warrants that the services, content or items privileged & confidential obtained through the services will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our services or the server that makes them available are free of viruses or other harmful components or that the services or any content or items obtained through the services will otherwise meet your needs or expectations. To the fullest extent provided by law, we hereby disclaim all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
16. Limitation of liability. You acknowledge and agree that, to the fullest extent permitted under applicable law, mora medical will not be liable to you or any other person, under any contract, tort (including negligence), strict liability or other theory, for any direct, indirect, incidental, punitive, exemplary, consequential or other special category of damages of any kind arising out of or in connection with your use of (or inability to use) the services, even if an authorized representative of mora medical has been advised of or should have known of the possibility of such damages. To the fullest extent permitted by law, this disclaimer applies to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delays, loss of profits, use of data, loss of other intangibles, work stoppage, accuracy of results, loss of security of materials (including unauthorized interception by third parties of any materials), computer failure, virus or malfunction, file corruption or other outage or error. Without limiting the foregoing disclaimers, mora medical will not be liable for damages of any kind resulting from your use of or inability to use the services or from any content, items or third party materials, including from any denial-of-service attack, virus or other harmful code or material that may affect your computer equipment or other property based on your access to, or use of, the services. To the fullest extent provided by applicable law, the maximum aggregate liability of mora medical for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, will not exceed the greater of (1) $100.00 or (2) the amount you paid to mora medical in the one month period immediately preceding the date on which the claim arose.
17. Indemnification. You agree to defend, indemnify and hold harmless Mora Medical and anyone associated with Mora Medical from and against any and all claims, liabilities, demands, losses, damages, fees, or penalties, and the cost to investigate and defend against them (including reasonable attorneys’ fees) arising out of or relating to (1) your access to or use of, or activities in connection with, the Services (including any content in any format you make available through the Services), (2) your breach or alleged breach of these Terms, or (3) any violation or alleged violation of any applicable law by you or anyone accessing the Services on your behalf. Mora Medical reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter.
18. Arbitration Agreement.
YOU AND MORA MEDICAL ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
You and Mora Medical agree that any and all controversies, claims and disputes arising out of or related to these Terms or the Services or any information provided through the Services, including Content, whether based in contract, tort, warranty, statute, or any other legal or equitable basis, including without limitation, any dispute or claim relating to the formation, interpretation or enforceability of any part of these Terms (including the scope and enforceability of this arbitration provision) and any claim that all or any part of these Terms is void or voidable (collectively, “Claims” and individually, a “Claim”), shall be finally resolved by binding arbitration, rather than in court; except that you and we each retain the right: (i) to bring an individual action in small claims court (if the Claim in question qualifies for small claims court); and (ii) to seek injunctive or other equitable relief in court against actual or threatened infringement, misappropriation or violation of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this 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. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Terms is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You and Mora Medical agree to an arbitration on an individual basis. In any dispute, neither you nor mora medical will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this Section 18 (Arbitration Agreement) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. 19. Injunctive Relief. You hereby acknowledge that your breach of these Terms may result in immediate and irreparable harm to V. Accordingly, you hereby agree that, in the event of such a breach by you, Mora Medical shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of the Services, or Content or other information obtained through the of the Services, as well as any and all other remedies available at law or in equity.
20. Class action and jury trial waiver. If for any reason a claim arising out of or relating to your use of or access to the services or these terms in any way proceeds in court rather than in arbitration, regardless of whether the claim is an action, counterclaim, or any other court proceeding, both parties agree that to the extent allowed by law, there will not be a jury trial or class action and we each unconditionally (1) waive any right to trial by jury and (2) waive any right to pursue disputes on a class-wide basis, including joining a claim with the claim of any other person or entity or asserting a claim in a representative capacity on behalf of anyone else in any other proceeding.
21. Limitation on time to file claims. You agree that any cause of action or claim you may have against us arising out of or related to these terms or the services or any content or other items provided through the services must be brought within one (1) year after the cause of action or claim accrues, or be permanently barred.
22. Note to International Users. The Services are controlled by Mora Medical, which is located in the United States of America. We make no representation that the Services or Content are appropriate or available for use in locations outside of the United States. Accessing the Services from territories where such content, information or other materials are illegal is prohibited. Those who choose to access these Site from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws.
23. General Terms. These Terms and our relationship with you will be governed by the laws of the State of Delaware, excluding its choice of laws rules, except that the United States Federal Arbitration Act shall govern the interpretation and enforcement of Section 18 (Arbitration Agreement). You and Mora Medical each irrevocably agree that any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved on an individual basis exclusively in federal or state courts located in Orange County, California. You and Mora Medical each irrevocably consent to the personal jurisdiction of these courts and waive any and all objections to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you and Mora Medical agree that Mora Medical may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. Failure by Mora Medical to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against Mora Medical unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. These Terms constitute the entire agreement between you and Mora Medical with respect to the subject matter of these Terms and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. A printed version of these Terms and of any related notice given in electronic form shall be admissible in arbitral, judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
24. Notice Regarding Apple. This section only applies to the extent you are using the App on an iOS device. You acknowledge that these Terms are between you and Mora Medical only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the Content or any other content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services and/or your possession and use of the Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
25. Contact. If you have questions or comments about these Terms, please contact us by sending an email to email@example.com.