Effective Date: July 18, 2022
IF YOU ARE HAVING AN EMERGENCY, FIND A TELEPHONE AND CALL 9-1-1. DO NOT RELY ON THIS SITE BECAUSE IT IS NOT FOR EMERGENCY USE. IT IS FOR INFORMATIONAL PURPOSES ONLY. THIS SITE DOES NOT DIAGNOSE, CURE, TREAT, MITIGATE, PREVENT, VACCINATE AGAINST OR ADVISE ON ANY MEDICAL CONDITION OR DISEASE. THIS SITE IS NOT A MEDICAL DEVICE. INDEGENE DOES NOT PROVIDE MEDICAL INSURANCE THROUGH THE SITE OR SERVICES. THE ‘ELLE’ CHAT FEATURE IS AUTOMATED AND DOES NOT CONNECT TO YOU A LIVE DOCTOR OR ANY OTHER LIVE HEALTH CARE PROFESSIONAL. INDEGENE SHALL HAVE NO LIABILITY TO YOU WHATSOEVER ARISING FROM YOUR USE OF THIS FREE SITE.
1. OUR SERVICES ARE NOT MEDICAL ADVICE OR MEDICAL INSURANCE
THE SITE DOES NOT PROVIDE ANY MEDICAL ADVICE OR ANY MEDICAL INSURANCE, WHETHER FOR TRAVEL OR OTHERWISE. INDEGENE DISCLAIMS ANY AND ALL WARRANTIES OF ACCURACY OR SUITABILITY REGARDING VACCINE, TRAVEL, SAFETY OR OTHER RECOMMENDATIONS THAT MAY BE PROVIDED TO YOU ON THE SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. THE SITE DOES NOT PROVIDE A DIAGNOSIS OR OTHER RECOMMENDATION FOR VACCINATION, PREVENTION OR TREATMENT AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTH CARE PROFESSIONAL IN DIAGNOSIS AND TREATMENT OF ANY PERSON OR IN PREVENTION OF ANY CONDITION OR DISEASE. YOU ARE ENCOURAGED TO VERIFY THE INFORMATION PROVIDED BY THE SITE. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE YOUR FULL AND SOLE RISK AND LIABILITY. The Site uses questions regarding your background and preferences to provide information on health topics, such as contraception, vaccinations, caring for a new baby), that we think may be of interest to you based on the information you have provided. You agree, confirm, and acknowledge that you are aware of the fact that the Site is not intended in any way to serve as a substitute for a face-to-face examination and/or session by a licensed qualified medical professional, is for informational purposes only and not considered medical treatments. You should never rely on or make health or well-being decisions which are primarily based on information provided as through our Site. Furthermore, we strongly recommend that you will consider seeking advice by having an in-person appointment with a licensed and qualified medical professional. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare provider, by face-to-face appointment, because of information you received through our Site. Indegene accepts no responsibility for your reliance on information resulting from use of the Site. You are advised to exercise a high level of care and caution in your use of the Site.
2. Copyright and Trademark Information
The Site, and the information, files, documents, text, photographs, images, audio, and video which it contains, and any material made available for download on the Site (collectively, the “Content”) are the property of us or our licensors, as applicable. The Site and Contents are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.
3. Use of Our Content; Security and Restrictions
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (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 Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. (e) sharing any personal information of other travelers(s) without proper authorization or valid consent. You agree not to use the Site:
- In any way that violates any applicable federal, state, local or international law or regulation;
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the Site; or
- Otherwise attempt to interfere with the proper working of the Site.
At this time, we do not offer our products and services to individuals outside the United States.
4. Chatbot and Managed Chat Functionality
5. Links to Other Websites
From time to time we may provide links to third party websites and services that we think may be of interest to you. We makes no representations whatsoever about any other website that you may access through these websites. When you access third party websites, please understand that they are independent from the Site and us, and that we have no control over the content on that website. In addition, a link to a third party website does not mean that we endorse or accept any responsibility for the Content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party website linked to the Site, you do this entirely at your own risk.
6. Limitation of Liability and Disclaimer of Warranties
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE ARE 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. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. WE DISCLAIM ANY AND ALL WARRANTIES THAT THE ADVICE PROVIDED ON OUR SITE WILL PREVENT OR MITIGATE ANY BODILY HARM, PERSONAL INJURY OR DEATH. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SITE-RELATED SERVICES, AND LINKED SITE. WE DO 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.
YOU AGREE THAT INDEGENE AND ANY THIRD PARTIES MENTIONED ON THE SITE IS NEITHER RESPONSIBLE NOR 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 SITE, SITE-RELATED SERVICES, CONTENT, INFORMATION CONTAINED WITHIN THE SITE OR ANY LINKED SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INSURANCE, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INDEGENE SHALL HAVE NO LIABILITY TO YOU FOR ANY BODILY HARM, PERSONAL INJURY OR DEATH FOR ANY REASON. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE EXCEED THE LESSER OF THE AMOUNTS YOU ACTUALLY PAID INDEGENE TO USE THE SITE IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR ONE HUNDRED DOLLARS ($100) , WHICHEVER IS LOWER IN YOUR JURISDICTION.
Some states do not allow the disclaimer of certain warranties or limitation of certain liabilities so the foregoing disclaimers and warranties may not apply to you.
Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred.
By using the Site, you agree to indemnify and hold us, our officers, managers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Site.
8. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Indegene a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site is covered by a single notification, a representative list of such works);
- Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Indegene to locate the material on the Site;
- Your name, address, telephone number, and email address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Indegene a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices with respect to the Site should be sent to email@example.com. Consult your attorney and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
9. User Submissions
10. Suspension; Termination; No Children; 18 and Over Only
You may only use the Site and Services if you are at least 18 years of age. If you are not at least 18 years of age, we may delete your account and orders and suspend your use of the Site.
The Site and Services are not intended for children and do not contain any content created for children. You agree that if you provide us information of any minors including children under 13 years of age, you represent that you are the parent or legal guardian of each such child or minor and that you consent to our collection of information about such child or minor. You further agree (a) to never initiate a claim against Indegene on account of our receiving or storing the information you provide us, and (b) that Indegene may in our sole discretion delete all information of minor individuals or children without notice or liability to you and for any or no reason. You shall be responsible for all injuries or damages incurred or suffered by Indegene if you violate this paragraph.
11. Governing Law
17. Contact Information