Terms and Conditions - User Agreement

Welcome to SlidingScaleHealth.org. The Sliding Scale Health website is comprised of various web pages and mobile applications (the “Site”) operated by Prudent Patient, LLC dba Sliding Scale Health ("Sliding Scale Health", “We” of “Us”).

Sliding Scale Health is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Sliding Scale Health constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

Sliding Scale Health is an online platform and aggregator for providing price information related to health care procedures.

Privacy

Your use of Sliding Scale Health is subject to Sliding Scale Health's Privacy Policy. Please review our Privacy Policy found at www.SlidingScaleHealth.org/privacy-policy/, which also governs the Site and informs users of our data collection practices. If there is any conflict between these Terms and the Privacy Policy, to the maximum extent permitted by law, the Terms shall control.

Fair Use

The site may contain copyrighted material. Sliding Scale Health’s believes in good faith that such work is covered by the “fair use” doctrine of the US Copyright Act, the Berne Convention, and EU Copyright Directive.

You agree that your use of any copyrighted material derived from the site is compliant with all relevant jurisdictional provisions and fair use provisions. You further agree that Sliding Scale Health is in no way responsible or liable for your use of copyrighted work derived from the site.

Medical Disclaimer

We are not a “covered entity” within the meaning of the Health Insurance Portability and Accountability Act (HIPAA).

All content found on the Site, including but not limited to text, images, video, audio, or other formats were created for informational purposes only.

Your use of the Site does not create a special or privileged relationship of any kind or under any circumstances. There is no physician/patient, confidential, or any other special relationship created or maintained by your use of the Site. If you rely on any of the information provided through the Site or by our employees, affiliates, or other who contribute to the Site, you do so solely at your own risk and without any type of relationship or duty owed to you.

We not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor, go to the emergency department, or call 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site.

Electronic Communications

Visiting Sliding Scale Health or sending emails to Sliding Scale Health constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Minors

Sliding Scale Health does not knowingly collect, either online or offline, personal information from persons under the age of 18. If you are under 18, you may use Sliding Scale Health only with permission of a parent or guardian.

Accuracy of Content

WE DO NOT GUARANTEE THE ACCURACY OF ANY CONTENT ON THE SITE, INCLUDING BUT NOT LIMITED TO CHARGEMASTER, ESTIMATED OR ANY OTHER HEALTH PROVIDER PRICES ON THIS SITE. NOR DO WE GUARANTEE THE ACCURACY FOR ANY METRIC OR ANY OTHER PIECE OF INFORMATION USED TO COMPARE HEALTH PROVIDERS AND/OR SERVICES ON THE SITE. AS WE ARE A THIRD PARTY AGGREGATOR, WE ALSO CANNOT GUARANTEE THE ACCURACY OF ANY PRICE ON THIS SITE. YOU ARE ADVISED TO CONTACT HEALTH PROVIDERS DIRECTLY FOR MORE INFORMATION ABOUT THEIR PRICES. WE FURTHER DO NOT GUARANTEE THE LICENSURE OR CREDENTIALS OF ANY HEALTH CARE PROVIDERS ON THE SITE. IN SECELECTING ANY HEALTH CARE PROVIDER, YOU ARE STRONGLY ADVISED TO CONDUCT YOUR OWN DUE DILIGENCE REGARDLESS OF ANY INFORMATION YOUR FIND ON THE SITE.

YOU ASSUME ALL RESPONSIBILITY IN CHOOSING ANY HEALTHCARE PROVIDER, WHETHER YOU OBTAINED INFORMATION ABOUT SUCH HEALTHCARE PROVIDER ON OR THROUGH THIS SITE OR NOT. WE HEREBY DISCLAIM ALL LIABILITY AND/OR RESPONSIBILITY OF ANY KIND, FOR ANY ADVICE, TREATMENT OR OTHER SERVICES RENDERED BY ANY HEALTHCARE PROVIDER YOU MAY SELECT, OR FOR ANY MALPRACTICE CLAIMS AND OTHER CLAIMS THAT MAY ARISE DIRECTLY OR INDIRECTLY FROM ANY SUCH ADVICE, TREATMENT OR OTHER SERVICES.

ADDITIONALLY, Sliding Scale Health DOES NOT ENSURE THAT YOU QUALIFY FOR THE PRICES DETAILED ON THE SITE, CASH OR ANY OTHER DISCOUNTED PRICES OR IN-NETWORK STATUS OF ANY PROVIDER. NOR DO WE ASSURE THAT THE DATA DISPLAYED ON THE SITE MATCHES WHAT YOU MIGHT PAY WITH AN INSURER IN OR OUT OF NETWORK FOR A SERVICE.

Links to Third Party Sites/Third Party Services

Sliding Scale Health may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Sliding Scale Health and Sliding Scale Health is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sliding Scale Health is providing these links to you only as a utility, and the inclusion of any link does not imply endorsement by Sliding Scale Health of the site.

Certain services made available via Sliding Scale Health are delivered by third party sites and organizations. By using any product, service or functionality originating from the Sliding Scale Health domain, you hereby acknowledge and consent that Sliding Scale Health may share such information and data with any third party with whom Sliding Scale Health has a contractual relationship to provide the requested product, service or functionality on behalf of Sliding Scale Health users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Sliding Scale Health strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Sliding Scale Health that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Sliding Scale Health or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Sliding Scale Health content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.

You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Sliding Scale Health or our licensors except as expressly authorized by these Terms.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not provide login information, assign or otherwise transfer your account to any other person or entity. You acknowledge that Sliding Scale Health is not responsible for third party access to your account that results from theft or misappropriation of your account. Sliding Scale Health and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

By registering for an account, you warranty and represent that: (1) you are over the age of 18 and legally able to enter into a contract, (2) you are a legal resident of the United States, (3) you are using the Site for informational and consumer purposes only, and (4) you will not attempt to reverse engineer, obtain back end information, or in any other way use the content of the Site for a corporate or profit making endeavor.

Types of Accounts

Sliding Scale Health currently offers Users the following types of accounts to registered users:

Basic Search: Basic Search is free of charge. Basic Search Users shall be limited to 50 user searches per 72 hour period.

Premium Search: Premium search provides access to estimated and publicly-available health provider prices in an aggregated and easy-to-use format to facilitate comparison shopping.

Premium Search Users shall be limited to 100 user searches per Premium Search subscription or 72 hour period, whichever is less.You acknowledge and agree that Premium Search is non-refundable under any circumstances. Premium Search can be purchased on the Site for a set-period of time. At this time, a period is defined by the minute of purchase plus 72 hours for each additional search purchase added to the cart, however this may be subject to change at our own discretion.

The above account types, prices, and rights associated with them may be changed by us at any time and per our sole discretion. We will notify users of changes in account types within a reasonable time.

Third Party Accounts

You may be able to connect your Sliding Scale Health account to third party accounts. By connecting your Sliding Scale Health account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Sliding Scale Health from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Sliding Scale Health Content accessed through Sliding Scale Health in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Sliding Scale Health, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Sliding Scale Health reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sliding Scale Health in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Sliding Scale Health agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PRUDENT PATIENT LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

PRUDENT PATIENT LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PRUDENT PATIENT LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRUDENT PATIENT LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Prudent Patient LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Sliding Scale Health reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sliding Scale Health as a result of this agreement or use of the Site. Sliding Scale Health's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sliding Scale Health's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sliding Scale Health with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sliding Scale Health with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sliding Scale Health with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Sliding Scale Health reserves the right, in its sole discretion, to change the Terms under which Sliding Scale Health is offered. The most current version of the Terms will supersede all previous versions. Sliding Scale Health encourages you to periodically review the Terms to stay informed of our updates.

Jurisdiction

You agree that the laws of the State of California govern this contract and any claim or dispute that you may have against us without regard to California’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our affiliates will be resolved by a court located in Alameda County, California.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SITE, THE SERVICE OR THIS AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Entire Agreement

These Terms of Service and the Privacy Policy constitutes the entire agreement between you and us with respect to the use of the Site.

Contact Us

Sliding Scale Health welcomes your questions or comments regarding the Terms:

[CONTACT INFO] info@SlidingScaleHealth.orrg

Last updated: June 25, 2019