Last Revised: September 16, 2024
These Terms of Service (“Terms”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Meeko Health, Inc. and its affiliates and subsidiaries (referred to as “Meeko Health”, “we,” “us,” and “our”), including www.meekohealth.com, all subdomains, and any future websites, as well as the services (provided by Meeko Health), resources, and products available to Users through the foregoing (collectively, the “Services”). The terms “you” and “your” means you and any other person accessing the Services through your account. Users of the Services are collectively referred to as “Users.”
Your acceptance of, and compliance with, these Terms is a condition to your use of the Services. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms. If you do not agree to be bound by these terms, you are not authorized to access or use the Services.
Binding Arbitration. These Terms provide that all disputes between you and Meeko Health that in any way relate to these Terms or your use of the Services will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Meeko Health.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
The Services are not for medical emergencies. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Services. If you believe you have an emergency, call 9-1-1 immediately. If you are experiencing suicidal or self-harm thoughts or tendencies, you should immediately call the National Suicide Hotline at 1-800-273-8255.
Meeko Health’s healthcare technology company whose Services are focused on improving access to transformational ketamine therapies (“KET”). We work with we work with individuals and organizations to cover ketamine therapy and assist Users in understanding coverage and finding eligible Clinics. Among other Services, Meeko Health’s Services includes: messaging between clinics and users; facilitating reimbursement for organizations; allowing employers/organizations of customize their benefit; and administration of questionnaires and assessments.
We make the Services available for the purpose of providing information to consumers about our products and services, providing access to health-related resources, and providing our members access to their health plan information. In some instances, videos are presented by health care professionals. Meeko Health is not a health care provider. The health information contained as part of the Service is general in nature and is not a substitute for professional health care. It is not meant to replace the advice of health care professionals. If you have specific health care needs, or for complete health information, please see a doctor or other health care provider.
We are not responsible for information provided by health information content providers, third party sites linked to the website, and we do not make any representations regarding the content, accuracy, or timeliness of any of such information.
Meeko Health makes available a browsable list of practitioners and clinics (“Clinics”) providing KET services. This list is prepared based on the best information available to us, but it may not be fully accurate. While we make efforts to ensure that our lists of Clinics are accurate and updated, it is important to understand that the directory is subject to change based on information we receive from Clinics and multiple other data sources. These changes may impact how much you pay out of your own pocket for services. Please contact your care navigator for an accurate Clinic list or with any questions regarding Clinics.
Our Clinic list is informational only. We do not vet or otherwise endorse the services provided Clinics on the list.
Clinics have the option to enter into an agreement with us to participate in our Clinic Network. As a participant in our Clinic Network, the Clinic goes through our vetting process, which includes review of the Clinic’s DEA license number; medical license number; safety protocols; and types of care offered. We deliver a more comprehensive set of Services for the User and Clinics participating in our Clinic Network. However, the Clinic remains responsible for all KET and other services performed for you. Meeko Health does not deliver clinical services.
Meeko Health operates subject to state and federal regulations. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Services are not available to Users located outside the United States. Accessing the Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
Access to and use of the Services is limited exclusively to individuals who are: (1) over the age of majority in the state where you are located (usually 18 in most states); and (2) located in a State where the Services are available at the time Services are to be rendered.
When pricing and insurance benefit coverage information is available to us, we strive to provide accurate information on Users’ out-of-pocket costs for treatment with the Clinics. However, the pricing information that we make available is informational only. It is not an offer or contract with the Clinic. The Clinic’s pricing is at their discretion and we are not liable if the information provided to us is inaccurate.
If you are a User, in order to access the Services, you represent and warrant that you are 18 years old or older or otherwise have adequate authority and capacity to consent to use the Services under applicable state laws, federal laws or the authorization of a parent or legal guardian who agrees to be bound by these Terms. If you are a User, you agree to fully, accurately, and truthfully create your Meeko Health account, including, but not limited to, your name, mailing address, phone number, email address, and password, which become your login credentials. The login credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your login credentials, and for all activities that occur under such login credentials. You agree to prohibit anyone else from using your login credentials and agree to immediately notify Meeko Health at Admin@MeekoHealth.com of any actual or suspected unauthorized use of your login credentials or other security concerns of which you become aware. Your access to the Services may be revoked by Meeko Health at any time with or without cause.
You are prohibited from violating, or attempting to violate, or interfere with the security of the Services, including, without limitation, (a) accessing data not intended for such User or logging onto a server or an account which the User is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Services or any portion thereof without authorization, in violation of these Terms or in violation of applicable law. You also agree not to take or attempt any action that, in the sole discretion of Meeko Health, imposes or may impose an unreasonable or disproportionately large load or burden on the Services or Meeko Health’s infrastructure.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Services, deep-link to any feature or Content on the Services, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services. Violations of system or network security may result in civil or criminal liability. Meeko Health will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on the Services.
You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Services. You may not bypass any measures that have been implemented to prevent or restrict access to the Services. Any unauthorized access to the Services by you (including any such access or use that involves in any way an account you may establish on the Services or any device you may use to access the Services) shall terminate the permission or license granted to you by Meeko Health.
You agree that information provided by you in connection with the Services shall be governed by the Privacy Policy, which is hereby incorporated and made a part of these Terms.
When you use the Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that: (a) all agreements and consents can be signed electronically; and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Meeko Health may contact you by telephone, mail, or email to verify your account information. Meeko Health may request further information from you and, you agree to provide such information to ensure that you have not fraudulently created your account. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Services until you provide the information to us as requested.
By providing your mobile number, you are agreeing to be contacted by or on behalf of Meeko Health at the mobile number you have provided, including calls and text messages, to receive informational, or Service related communications (e.g., progress tracking, reminders, etc.), and communications relating to the Services. Message and data rates may apply. To stop receiving text messages, text the word STOP in response to the text message. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services.
Meeko Health is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”). Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT. In the event you receive an email from us which you do not believe is fully compliant with the CAN-SPAM ACT, please contact us at Admin@MeekoHealth.com.
You shall not market, promote, or solicit Meeko Health products or services in ways that would violate the CAN-SPAM ACT, the TCPA, or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.
Subject to applicable law, Meeko Health retains all right, title, and interest in and to the Services, Content, and any information, products, documentation, material available for download, software, or other materials on the Services, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Services licensed by Meeko Health (in that case, the license provider retains all right, title, and interest therein). The information available through the Services is the property of Meeko Health. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Meeko Health’s trademarks, service marks, and logos are strictly prohibited without the prior written permission of Meeko Health. The immediately foregoing sentence also applies to any third-party trademarks, service marks, and logos posted on the Services. Nothing contained on the Services should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Services without the written grant thereof by Meeko Health or the third-party owner of such trademarks, service marks, and/or logos. The Services may contain other proprietary notices and copyright information, the terms of which you agree to follow. The Services are protected by United States and international copyright and trademark laws.
Subject to these Terms, Meeko Health grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the Services. All rights not expressly granted to you in these Terms are reserved and retained by Meeko Health or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Services, nor any part of Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Meeko Health. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Meeko Health without express written consent. You may not use any meta tags or any other "hidden text" utilizing Meeko Health’s name or trademarks without the express written consent of Meeko Health. You may not misuse the Services. You may use the Services only as permitted by law.
You are permitted to use the content, resources, and information on the Services (“Content”) only in connection with the Services and are prohibited from making any alterations, additions or other modifications to the Content. You are expressly prohibited from using the Content commercially or for monetary or other reward. Unauthorized use of Content may be a violation of federal and state laws and could result in civil and criminal liability. Nothing contained in these Terms will affect, impair, or limit in any way Meeko Health's rights to exploit fully any or all of the Content. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING, OR ANY OTHER MISUSE OF ANY OF THE MATERIALS IS STRICTLY PROHIBITED.
You may provide suggestions, comments, or other feedback (collectively, “Feedback”) to Meeko Health with respect to its products and services, including the Services. Feedback is voluntary. Meeko Health may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant Meeko Health an irrevocable, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with Meeko Health’s business, including the enhancement of the Services.
Although Meeko Health attempts to ensure the integrity and accuracy of the Services and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Services, Service descriptions, and other Content on the Services. It is possible that the Services could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Services by third parties. In the event that an inaccuracy arises, please inform Meeko Health so that it can be corrected. Information contained on the Services may be changed or updated without notice. Additionally, Meeko Health shall have no responsibility or liability for information or content posted to the Services from any unaffiliated third party.
Meeko Health reserves complete and sole discretion with respect to the operation of the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Services, among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Services in accordance with our internal record retention and/or destruction policies.
Meeko Health makes no representations whatsoever about any other website that you may access through the Services. When you access a third-party site, please understand that it is independent from Meeko Health, and that Meeko Health has no control over the content on that website. Descriptions of, references to, or links to products, services or publications within the Services do not imply endorsement of that product, service or publication. It is up to you to take precautions to ensure that whatever you select for your use or download is free of items such as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to the Services, you do so entirely at your own risk. Meeko Health does not control any of these third-party websites or services, or any of their content. Accordingly, you understand and agree that Meeko Health is not responsible for your use of these third-party websites or services, and that your use of such sites, streams, or services is subject to the terms and conditions established by such third parties. Meeko Health reserves the right to terminate a link to a third-party website at any time.
If you submit, upload, post, or transmit any health or psychiatric information, medical and psychiatric history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or the Services (“User Information”), you agree not to provide any User Information that: (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Service users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Meeko Health that you have the legal right and authorization to provide all User Information to Meeko Health for use as set forth herein and required by Meeko Health.
If you are a User, in the event that Meeko Health de-identifies and anonymizes your information such that it is no longer considered PHI or PII, and as such, does not contain any reference to you as a User, you give to Meeko Health full rights to use modify, adapt, enhance, create derivative works and/or other improvements, transmit and distribute this de-identified and anonymized information and perform all acts with respect to said as may be necessary to provide the Services. Meeko Health may collect, compile and use this de-identified and anonymized information for purposes including but not limited to analytics, research, preparation of case studies and other educational and research related publication and usage.
You agree not to: (i) access or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Services; (v) use robots or scripts with the Services; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by the Services; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Meeko Health, including by altering the attribution or origin of electronic mail, messages, or posting; (ix) harvest or collect personal information about any other individual who uses the Services; (x) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties; and (xi) audio or video record any component of sessions with any Meeko Health employee.
You agree to defend, indemnify, and hold harmless Meeko Health from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Services.
We disclaim any responsibility or liability for copyrighted materials posted on the Services. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Meeko Health respects the intellectual property rights of others and expects its Users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Meeko Health’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Services
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by sending us a notice ("Copyright Notice") complying with the following requirements.
Deliver this Copyright Notice, with all items completed, to our Copyright Agent: Admin@MeekoHealth.com
MEEKO HEALTH DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. MEEKO HEALTH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND LINKED WEBSITES. MEEKO HEALTH DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY MEEKO HEALTH ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY MEEKO HEALTH OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH THE SERVICES MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. MEEKO HEALTH DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
MEEKO HEALTH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF MEEKO HEALTH TO YOU WITH RESPECT TO YOUR USE OF THE SERVICES IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
Unless expressly stated in the Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you and Meeko Health. Nothing in the Terms is intended to relieve or discharge the obligation or liability of any third persons to you and Meeko Health, nor shall any provision give any third parties any right of subrogation or action over against you and Meeko Health.
You may not assign, transfer, or delegate the Terms or any part thereof without Meeko Health’s prior written consent. Meeko Health may freely transfer, assign, or delegate all or any part of the Terms, and any rights or duties hereunder or thereunder. The Terms will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
We will try work in good faith to resolve any issue you have with the Services if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to your satisfaction.
You and Meeko Health agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms or your use of the Services shall be determined by binding arbitration instead of in courts of general jurisdiction. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Meeko Health are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and Meeko Health.
If you desire to assert a claim against Meeko Health, and you therefore elect to seek arbitration, you must first send to Meeko Health, by certified mail, a written notice of your claim (“Notice”). The Notice to Meeko Health should be addressed to: Meeko Health, 85 Aquavista Way, San Francisco, CA 94131 (“Notice Address”). If Meeko Health desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Meeko Health, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Meeko Health and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Meeko Health may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Meeko Health or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Meeko Health receives notice at the Notice Address that you have commenced arbitration, Meeko Health may reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000.
The arbitration will be governed by the laws of the state of Delaware, the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this arbitration agreement. Unless Meeko Health and you agree otherwise, any arbitration hearings will take place in New York, New York (if you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND MEEKO HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Meeko Health agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for San Francisco, California.
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
You agree to defend, indemnify, and hold harmless Meeko Health (“Indemnified Parties”) from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Services or any information posted on the Services; (ii) your breach of the Terms or Privacy Policy; (iii) the content or subject matter of any information you provide to Meeko Health; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Services or any information on the Services, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
To the extent applicable, you will obtain Meeko Health’s prior written consent to any settlement or judgment in which you agree to any finding of fault of an Indemnified Party or defect in the Services. Meeko Health will promptly notify you in writing of any claim subject to this indemnification, promptly provide you with the information reasonably required for the defense of the same and grant you exclusive control over its defense and settlement.
The failure of Meeko Health to act with respect to a breach of these Terms by you or others does not waive Meeko Health’s right to act with respect to subsequent or similar breaches.
Meeko Health does not guarantee they will take action against all breaches of these Terms.
Meeko Health reserves the right, in its sole discretion, to terminate your access to all or part of the Services, with or without cause, and with or without notice. Meeko Health reserves the right to modify these Terms at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms each time you access this website so that you may be aware of any changes to these Terms. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. These Terms along with the other Meeko Health constitute the entire agreement between Meeko Health and you pertaining to the subject matter hereof.
Copyright/Trademark Information. Copyright ©2024 Meeko Health, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
How to Contact Us:
Meeko Health
85 Aquavista Way
San Francisco, CA 94131
Admin@MeekoHealth.com
