Please read these Terms and Conditions( “Terms”, “Terms and Conditions”) carefully before using the https://tellihealth.com website (the “Service” or “Website”) operated by Telli Health LLC (“Us”, “We”, or “Our”).  This document contains important information regarding Your rights and obligations, as well as conditions, limitations, and exclusions that might apply to You.   

These Terms and Conditions described herein govern Your use of Our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Us. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. 

By accessing or using the Service You acknowledge that You have read, understand, and agree to be bound by these Terms. Your compliance with these Terms and Conditions is a condition of Your use of the Service. If You disagree with any part of the terms then You may not access the Service. 

MINORS, ELIGIBILITY, SITE ACCESS, SECURITY AND RESTRICTIONS; PASSWORDS

We do not provide Services or sell devices to children. If You are below the age of 18, You may use Our website only with the permission and active involvement of a parent or legal guardian. If You are a minor, please do not provide Us or other website visitors with any personal information. 

BY USING THE SITE OR OBTAINING SERVICES FROM THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE ELIGIBILITY REQUIREMENTS AND YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE WEBSITE. 

We reserve the right to modify or discontinue this Website with or without notice to You. We shall not be liable to You or any third party should We exercise Our right to modify or discontinue the Website. We do not guarantee continuous, uninterrupted, or secure access to our Website. The operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Our control or through acts of God. 

ACCOUNTS

Access to certain portions of the Website or some of the resources it offers may require a user name and password. Only registered users may access password-protected pages. You may be asked to provide certain registration details or other information. It is a condition of Your use of the Website that all the information You provide on the Website is correct, current, and complete. If You choose, or are provided with, a user name, password or any other piece of information as part of Our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your user name, password or other security information. You are solely responsible for all activities that occur under Your account. You agree to notify Us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. We have the right to disable Your access to the Website 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 and Conditions. 

You are prohibited from violating or attempting to violate the security of the Site, 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; (c) accessing or using the Website or any portion thereof without authorization, in violation of these Terms and Conditions or in violation of applicable law; (d) taking any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure; (e) introducing any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs or other material which is malicious or technologically harmful to the Website (or the servers, networks, and databases which are connected to the Website); (f) using the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (g) engaging in any activity that interferes with or disrupts the Website (or the servers, networks, and databases which are connected to the Website); (h) forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Website or develop restricted or password-only access pages, or hidden pages or images; or (i) contacting other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.   

You agree You will not impersonate or attempt to impersonate us, Our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing). You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Website, deep-link to any feature or content on the Website, bypass our robot exclusion headers or other measures We may use to prevent or restrict access to the Website. Violations of system or network security may result in civil or criminal liability. We may investigate occurrences that 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 this Website or any activity being conducted on this Website. 

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Telli Health LLC and its licensors. 

Licensee Status

You understand and agree that Your use of our Website is limited and non-exclusive as a nontransferable revocable licensee. We may terminate Your license to use our Website, and access to Our Website, for any reason, and without prior notice. 

Content Ownership

All content on Our Website is owned by Us or Our content suppliers. On behalf of Ourselves and Our content suppliers, We claim all property rights, including intellectual property rights, for this content and You are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal Our property. You agree not to copy content from Our Website without Our permission. Any requests to use Our content should be submitted to Us by e-mail to support@tellihealth.com. If You believe that your intellectual property rights have been infringed upon by Our Website, please notify Us by sending an e-mail to support@tellihealth.com, or by sending mail to Us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for Your claim of ownership. 

The information presented on or through the Website is made available solely for informational purposes. We use reasonable efforts to update the information on the Website. However, the contents of the Website are subject to change without notice. We make no representations or warranties as to the accuracy, reliability, completeness, or usefulness of any information on the Website. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents. 

The Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by Us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not reflect Our opinion. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties. 

Please contact Us at the contact information provided at the end of these Terms and Conditions if you have questions about the information presented on the Site. 

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Telli Health LLC. 

Telli Health LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Telli Health LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. 

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit. 

Medical Services Not Provided by Telli Health LLC

We offer certain remote patient monitoring and chronic care management services for Healthcare Providers (as this term is defined in our Privacy Policy) and You, their patients, to connect through the use of synchronous and asynchronous telecommunications technologies. The Services facilitate communication between You and Your Healthcare Providers. 

We do not provide medical advice or care. Your Healthcare Provider delivers all medical and clinical services. Healthcare Providers are not contracted or employed by Us to provide any healthcare services on Our behalf. Your Healthcare Providers, and not Telli Health LLC, are responsible for the quality and appropriateness of the care they render to You. 

Healthcare Providers are independent of Telli Health LLC and are merely using Our Services as a way to communicate or monitor Your medical care. Any information or advice received from Your Healthcare Provider comes from them alone, and not from Telli Health LLC. Your interactions with Healthcare Providers via the Services are not intended to take the place of Your relationship with Your regular health care practitioners or primary care physician. Neither Telli Health LLC, nor any of its subsidiaries or affiliates or any third party who may promote the Website or Service or provide a link to the Website or Service, shall be liable for any professional advice obtained from a Healthcare Provider via the Website or Service, nor any information obtained on the Website. Telli Health LLC does not recommend or endorse any specific Healthcare Providers, tests, medications, or procedures. You acknowledge that Your reliance on any Healthcare Providers or information delivered by such Healthcare Providers in relation to the Service is solely at Your own risk and You assume full responsibility for all risks associated herewith. 

Telli Health LLC does not make any representations or warranties about the training or skill of any Healthcare Providers who deliver services via the Service. You are ultimately responsible for choosing Your particular Healthcare Provider. 

The content of the Website and the Services including, but not limited to, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute medical advice, diagnosis, treatment or recommendations of any kind by Telli Health LLC. You should always seek the advice of qualified health care professionals with any questions or concerns You have regarding individual needs and medical conditions. All information provided by Telli Health LLC, or in connection with any communications supported by Us, is intended to be for general information purposes only, and is no way intended to create a provider-patient relationship as defined by any applicable state or federal law. While Telli Health LLC facilitates some communications with your Healthcare Providers, We do not provide medical services and the doctor-patient relationship is between You and the Healthcare Provider You select. 

We do not control or interfere with the practice of medicine or mental health care by any Healthcare Providers, each of whom is solely responsible for directing the medical care and/or treatment they provide to You. By accepting these Terms and Conditions, You acknowledge and agree that We are not a healthcare provider and that, by using the Service, You are not entering into a physician-patient or other health care provider-patient relationship with Telli Health LLC.  

By accepting these Terms and Conditions, You acknowledge and agree that the Healthcare Providers may send You messages, reports, and emails via the Service regarding Your diagnosis and/or treatment. You understand and agree that Telli Health LLC is not responsible for the security or privacy of communications services You use to receive the aforementioned messages, reports, and emails sent via the Service. You further understand and agree that it is Your sole responsibility to monitor and respond to these messages, reports, and emails and that Telli Health LLC will not be responsible in any way and You will not hold Telli Health LLC liable for any loss, injury, or claims of any kind resulting from Your failure to read or respond to these messages or for Your failure to comply with any treatment recommendations or instructions from Your Healthcare Provider. 

While You are not establishing a physician-patient or other health care provider-patient relationship with Telli Health LLC, by using the Service, You are establishing a direct customer relationship with Us to use the Service, including the purchase of any non-prescription products or non-medical services sold directly to you by Us via the Service. In connection with such relationship, you may provide to Us, or cause to be provided to Us on Your behalf, personal information, including health information, that is subject to use by Us in accordance with our Privacy Policy. Please refer to the Privacy Policy for additional information. 

Termination

We may terminate or suspend Your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach the Terms. 

Upon termination, Your right to use the Service will immediately cease. If You wish to terminate Your account, You may simply discontinue using the Service. 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

Disclaimer

Your use of the Service is at Your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We do not warrant that Our Service will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in Our Service will be corrected. Information provided in Our Service should not necessarily be relied upon and should not to be construed to be professional advice from Us. We do not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from Your reliance on such information. If Your jurisdiction does not allow limitations on warranties, this limitation may not apply to You. Your sole and exclusive remedy relating to Your use of the Service shall be to discontinue using the Service. Under no circumstances will We be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our Service or Website, Your use of our Service or Website, or the content, even if advised of the possibility of such damages. Our total liability for any claim arising out of or relating to our Service or Website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which You may have against Us or Our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these Terms and Conditions. 

Not For Emergencies

You understand that Our Website and Service is not intended for emergency medical conditions or care. If You are experiencing a medical emergency, You should dial 911 immediately. You understand that failure to seek appropriate emergency care by dialing 911 during a medical emergency may result in serious injury or death. 

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Florida without regard to its conflict of law provisions. 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Us regarding Our Service, and supersede and replace any prior agreements We might have between Us regarding the Service. You agree to obey all applicable laws while using our Website and Service.  

YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US, EXCLUDING ANY INTELLECTUAL PROPERTY RIGHT INFRINGEMENT CLAIMS WE PURSUE AGAINST YOU, SHALL BE SETTLED SOLELY BY CONFIDENTIAL BINDING ARBITRATION PER THE AMERICAN ARBITRATION ASSOCIATION COMMERCIAL ARBITRATION RULES. ALL CLAIMS MUST ARBITRATE ON AN INDIVIDUAL BASIS, AND CANNOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANYONE ELSE. ALL ARBITRATION MUST OCCUR IN HARRIS COUNTY, TEXAS. EACH PARTY SHALL BEAR ONE HALF OF THE ARBITRATION FEES AND COSTS INCURRED, AND EACH PARTY IS RESPONSIBLE FOR ITS OWN EXPENSES RELATED TO LEGAL REPRESENTATION AND FEES. 

We will try work in good faith to resolve any issues You have with the Website or Service, including devices ordered or purchased through the Website. However, We realize that there may be rare cases where We may not be able to resolve an issue to Your satisfaction despite Our best efforts. 

You understand that arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, You agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You understand, acknowledge and agree that, by accepting these Terms and Conditions, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Telli Health LLC 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 Conditions and any other contractual relationship between You and Telli Health LLC. 

If You desire to assert a claim against Telli Health LLC, and You therefore elect to seek arbitration, You must first send to us, by certified mail, a written notice of Your claim ("Notice"). The Notice to Telli Health LLC should be addressed to the physical address listed in the these Terms and Conditions ("Notice Address"). If We desire to assert a claim against You and therefore elect to seek arbitration, We 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 Us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If the parties do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Us 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 We receive Notice, We will promptly 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 Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms and Conditions, 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 and Conditions. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms and Conditions, including this arbitration agreement. Unless both parties agree otherwise, any arbitration hearings will take place in Miami-Dade County, Florida. 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 in this arbitration agreement, 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 TELLI HEALTH LLC 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 parties 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 and Conditions 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 Miami-Dade County, Florida. 

Changes

These Terms and Conditions may change from time to time. If such changes are made, they will be effective immediately, and We will notify You by a notice posted on Our Website’s home page of the changes that have been made. If You disagree with the changes that have been made, You should cease all use of our Website. Your continued use after a change to these Terms and Conditions has been posted constitutes your acceptance of these Terms and Conditions as modified by such changes. We may terminate these Terms and Conditions for any reason and at any time without notice to you. If you are concerned about these Terms and Conditions, you should read them each time before you use the Site. Any questions or concerns should be brought to our attention by sending an e-mail to support@tellihealth.com, and providing us with information relating to your concern. We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material We will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. 

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, please stop using the Service. 

Medical Device and Equipment

The equipment provided by or on behalf of Telli Health LLC and/or any individual associated with Telli Health LLC to the individual, organization or entity purchasing equipment from this site is identified below as (“Recipient”) including but not limited to Blood Pressure, Glucometers, Pulse Oximeters, and weight scale. such equipment (the “Equipment”) is intended solely for use in connection with in home medical use and should not be used as replacements for conventional Physician oversight 

By purchasing the Equipment You agree to this Release, Waiver of Liability, Defense, Indemnification and Hold Harmless Agreement (“Agreement”) is meant to reflect the fact that Telli Health LLC offers the Equipment as experimental devices WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND and by its use of the Equipment, the Recipient understands, accepts and agrees to same and as follows: 

• The Equipment is provided by Telli Health LLC “AS IS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, including express or implied warranties of merchantability or fitness for a particular purpose, or that the use of these technologies will not infringe any patent, copyright, trademark, or other proprietary rights;
• The Equipment furnished by Telli Health LLC is not intended, and shall not be used, for commercial use;
• Any information provided by Telli Health LLC is not intended to be relied upon to protect from, diagnose, or treat a health problem or disease, and Telli Health LLC makes no claims regarding the design or the components of the Equipment;
• Any statements made by Telli Health LLC are for informational purposes only and are not meant to replace the services or recommendations of a physician or other qualified health care practitioner; and
• The potential risks of the use of the Equipment (including, but not limited to, injury or death of individuals using the Equipment or exposed to individuals using the Equipment) and expressly assumes such risks and all related liability and expense resulting therefrom.

Limitation of Liability: Telli Health LLC does not assume any liability and has no responsibility for and Recipient agrees that Telli Health LLC will not be liable for any damages of any kind whether direct, indirect, incidental, special, exemplary, or consequential damages arising out of the use of the Equipment or inability to use the Equipment whether or not Telli Health LLC has been advised of the possibility of any such liability or damages regardless of the basis of the claim or theory of liability including, but not limited to, negligence, product liability, strict liability, failure to warn, warranty, or contract. 

Release: The Recipient releases and forever discharges Telli Health LLC and its officers, members, representatives, agents, employees, contractors, attorneys, successors and assigns, from any and all liabilities, losses, damages, costs and expenses (including, but not limited to, fees and charges of attorneys and court and arbitration costs) of any kind and nature whatsoever, known and unknown, that Recipient may suffer arising out of the use of the Equipment or the inability to use the Equipment. 

Indemnification: To the fullest extent permitted by law, the Recipient agrees to defend, indemnify and hold Telli Health LLC and its officers, members, representatives, agents, employees, contractors, attorneys, successors and assigns harmless from and against any and all claims, demands, actions, right of action (at law or in equity) because of any injury (including death) or damage to person or property arising out of Recipient’s use of the Equipment or the inability to use the Equipment including, but not limited to, any 
negligent act or omission of Telli Health LLC. 

The Recipient acknowledges that this Agreement is governed by the laws of the State of Florida (without reference to its conflict of law provisions) and the parties intend that 
this Agreement be interpreted as broadly and inclusively as permitted by law. If any portion of this Agreement is found to be invalid for any reason, the remainder of the Agreement shall continue to remain in full force and effect and shall continue to be binding. By purchasing and accepting the Equipment, the represents (and acknowledges that Telli Health LLC will rely upon the representations in providing the Equipment) that he/she has carefully read the foregoing provisions, understands their contents, agrees with and to each and every provision, and that he/she is duly authorized to enter into, execute and deliver this Agreement on behalf of and bind Recipient to the terms hereof. 

Annual Connection Subscription

By purchasing an Annual Connection Subscription, You agree to a 1-year free trial per device purchased. After one year and annually thereafter, You will be billed a recurring Annual Connection Subscription renewal fee at the then-current Annual Connection Subscription rate of [$24] per device (subject to change). You may cancel Your Annual Connection Subscription anytime before the next billing cycle.  There are no pro-rated returns if You cancel Your Annual Connection Subscription before the end of the next billing cycle. 

AUTOMATIC ANNUAL RENEWAL TERMS: We bill Your credit card for the Annual Connection Subscription renewal fee after Your free trial period ends. To cancel one or more Annual Connection Subscriptions, please contact support@tellihealth.com. 

Contact Us

If You have any questions about these Terms, please contact us.