Yosi Terms of Use
Welcome to Yosi. Please read these Terms of Use carefully. By using the “Yosi” website, the Yosi Patient Registration Mobile Application and the Yosi Patient Registration Tablet Application (collectively “ Yosi App”) and/or any of the other services provided by Yosi, Inc, you agree to our terms and conditions.
Your acceptance of the Terms of Use
These Terms of Use constitute a binding agreement between Yosi, Inc (“Yosi”, “Us”, “We”, “Yosi Service”, “The Site”, “The Service”, “Yosicare”, “Yosi Patient Registration Mobile Application”, “Yosi App”, “Healthy Village”, “Healthy Village App”, “Healthy Village at Claremont”, “Yosi Patient Registration Tablet Application”, “YosiMD”) and the users (each, a “User”) of the www.yosicare.com website (“Site”) and/or the Yosi Mobile/Tablet Application. These terms of use applies to the Site, the Yosi App and all products and services offered by Yosi, Inc.
By accessing the Site and/or using any of the associated services including, but not limited to your visit to the Site, use of the Yosi Service or of any other features and services offered by Yosi, registration with the Yosi App and/or any other activity (collectively “Your activity”) conducted on any part of The Service (collectively “The Service”), you agree to the Terms of Use set forth herein. By continuing to use The Service you agree to the terms as set forth in these Terms of Use as well as to Yosi’s practices of collection, tracking, use, and sharing of all categories of your personal information as outlined in the Privacy Policy. If you do not agree with the terms set forth in either these Terms of Use or in the Privacy Policy, please discontinue your use of the Yosi Service. If you are using the service on behalf of someone (spouse, child, employer etc.), you represent that you are authorized to accept the terms set forth in the Terms of Use and the Privacy Policy on their behalf.
Yosi Service and associated functionalities are not meant for use by children. By accessing, using and/or submitting information into the service, you undertake that you are 13 years of age or older. If we discover that a registered user is under the age of 13 years, we will promptly notify said user of such activity and proceed to delete the records from the Yosi database.
Information on medical practices and practitioners
While Yosi provides you, the User, with access to a list of medical professionals, their specialities, their practice locations and other associated information and in some cases to the specific registration forms of said practices, we make no representations on behalf of the medical practices, social service providers, healthcare providers or care management organizations (collectively, “Provider”) or health insurance plans (“Plan”) listed. The information provided is for general reference only. This information is obtained from multiple sources including but not limited to: the Provider’s office, the Provider’s office staff, various online tools and/or other data sources with medical Providers listings. Such information cannot be deemed 100% accurate due to the number of data sources involved and is subject to change without notice. Yosi does not make any guarantees, representation or warranties, whether expressed or implied, regarding the qualifications, certifications, licenses, memberships, quality of work or any other details regarding the Providers listed. The User understands that this information is available for general reference purposes only and further understands that any action that they (User) may perform on the basis of this information is done so solely at the User’s risk and upon the User’s discretion. We make no guarantees, representations or warranties, whether expressed or implied on whether a Provider will accept your information, will consent to see you, honor any appointments or agreements you make with them or generally engage with you in a manner in which you may expect them to engage with you. Yosi is not liable for any payment arrangement or insurance claims submitted by the Provider or any other activity that may arise out of the Provider’s practice regarding the products or services they may or may not have provided you. Yosi will not be liable for your relationship and/or transactions that you may conduct with the Provider regardless of whether you found their information through the Yosi service.
Yosi does not under any circumstances provide any medical advice or make any representation on behalf of a medical professional regarding any topics related to your health or medical needs. Yosi does not endorse any Provider, Plans, products, devices, procedures, diagnoses, or any other services offered by the Provider or Plan. Any activity that the User performs through Yosi does not and will not constitute the establishment of a Patient-Provider relationship and/or Participant-Provider relationship with Yosi.
Use of Text Messaging
Yosi provides a text messaging service to Providers and Plans who have registered with The Service. This service is exclusively governed by the texting policy of the Providers and/or Plans. The Providers or Plans may choose to contact their Users via text messages based on their own text messaging policies. Yosi manages Users’ text message preferences based on Providers’ and/or Plans’ text message policies.
Some renderings of The Service are mainly informational in nature and rely on the User’s preferences to disseminate relevant information to the User’s devices. In these renderings the User has the ability to modify their text messaging preferences from within The Service.
In some renderings of The Service, where the Provider or Plan may require Yosi to manage texting permission from/to their users, Yosi will explicitly seek Users to Subscribe/Unsubscribe during the initial text message. Users will have the ability to completely or partially subscribe/unsubscribe any text messages sent from said Provider or Plan. Users will also have the ability to unsubscribe at any time using the option provided in each text message or email. Any other Providers with whom the same User conducts business, may still choose to send texts to the User based on their own texting policies.
Accounts and Passwords
Users provide Yosi with an email address and choose a password in order to register with the Yosi service. As the User, you undertake and assert that the information provided is accurately identified for the person for whom you are creating the account. Yosi will protect this information along with all other personal and non-personal information you provide us in accordance with the Yosi Privacy Policy. In the event that your account information is stolen or is compromised, you must notify us immediately by emailing us at hello@yosicare.com.
Privacy and Security
Please refer to our Privacy Policy for information about how we collect, safeguard, store and disseminate personal and non-personal information from our Users, visitors. The Privacy Policy also sets forth the conditions which govern the User’s access of third party websites and the content or services therein.
Trademarks
“Yosi”, “Yosicare”, “YosiMD”, “Simplifying Healthcare”, and any other Yosicare product or service name appearing on the Site, the Yosi App, or elsewhere, are trademarks of Yosi, Inc. They may not be used in whole or in part without the written permission of Yosi.
Disclaimer
The Site, the Yosi App and the materials contained therein are provided by Yosi on an “as is” basis, except as expressly provided in writing by us. We make no representations or warranties regarding the content, information and materials contained therein and operations of this Service. Yosi will not be liable for damages of any kind, direct and or indirect arising from your use of the Service. Yosi does not guarantee the continuous availability of the Site, the Yosi App and any of the associated services. Service interruptions may occur from time to time and any return to full functionality as experienced prior to the interruptions are not guaranteed by Yosi. Furthermore, the content, format and the nature of the Service may also undergo changes from time to time. The User undertakes to engage in the use of Yosi on an “as is” basis regardless of the implementation of such changes.
Copyrights
The Site and all content and materials on the site including but not limited to, Yosi logo, and all designs, text, graphics, pictures, icons, information, data (collectively, the ‘Site content’) are the proprietary property of Yosi and are protected by U.S. and international copyright laws. Unless explicitly stated herein, nothing on this site shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. If you provide us with feedback regarding any part of the Yosi Service including but not limited to issues or bugs found in the functioning of the website or the Yosi App, recommendations on new features etc, you hereby assign to Yosi, all rights, title and interest in and to such feedback and such feedback may be implemented by Yosi without any penalties, liabilities or compensation to you or to any third parties on whose behalf you may have provided such feedback.
Liability
To the fullest extent permissible by law, Yosi, inc, has no obligation or liability, incidental or otherwise, due directly or indirectly to any issues, damages, loss of revenue, time or any other form of damages arising from your use of the Yosi Service, whether such damages have been incurred due to the expected or unexpected behavior of the Service. Any information or service provided to you by The Yosi Service is provided on an ‘as is’ basis. While your information is protected by the safeguards mentioned in the Privacy Policy, Yosi will not be liable for any unauthorized use or access (including due to negligence) or any damages arising out of such unauthorized access by or through the Service even if we have been informed of such breaches in advance. The responsibility of Yosi under such circumstances is enumerated in the Privacy Policy. Yosi is not liable for any damages, including time and material, arising from circumstances including, but not limited to, your use or inability to use the Service, cost (including time and material) of seeking alternate arrangements due to a limitation or failure of the Service, unauthorized access or unauthorized modification of your information, or any other issue arising from your use of the service. Your only exclusive remedy for any possible disputes due to any circumstances arising from your use of the Service is a cancellation of your registration with Yosi. Under no circumstances will Yosi be liable for any damages greater (in sum or in parts) than the fees (if any) you may have paid for the use of the Yosi Service.
Modifications to the Terms of Use
We may amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check these Terms of Use from time to time in order to confirm your acceptance of the changes to these terms or to decide against continued use of the Service. Your continued use of the Yosi Service signifies your continued acceptance of these Terms of Use as they have been posted at the time of your latest use or access. For this reason, we recommend that you frequently check for any updates to these Terms of Use and our Privacy Policy.
General Terms
If any part of these Terms of Use and the Privacy Policy (collectively the “Agreement”) is held invalid or unenforceable in a court of law, only that part of the Agreement will be construed as invalid as held by said court of law. All other portions of the Agreement will remain in full effect. If we waive any of our rights under the Agreement under any circumstance, such waiver will not constitute a general waiver and does not mean that such waivers will continue in full or in part in the future. We reserve the right to enforce all of our rights under the Agreement all the time or some of the rights some of the time. Our choice to enforce said rights is at our sole discretion.
Governing Law
This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Delaware. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Delaware, as applicable, for any matter arising out of or relating to this Agreement, except that in actions seeking to enforce any order or any judgment of such federal or state courts located in Delaware, such personal jurisdiction shall be nonexclusive.
Indemnity
You agree to indemnify, defend (upon request) and generally hold harmless Yosi, Inc, our employees, partners, officers, directors, other affiliates, vendors, successors and assignees from all liabilities, claims, demands and expenses (including attorney fees, costs and expenses), arising from any submitted information, your use of the Service, the violation of this agreement (including without limitation, these Terms of Use and the Privacy Policy) or your violation of any rights of any third party. Your indemnification obligation will survive the termination of these Terms of Use and your use of the Service.
Termination
We may terminate or suspend your use or access to the Service without notice upon any violation of these Terms of Use or of the Privacy Policy or upon the request of law enforcement or other government agencies, extended periods of inactivity or due to any potential technical issues we may encounter. We also reserve the right to discontinue or terminate the service for any reason without notice or liability.
Advertisements and Promotions; Third-Party Products and Services
Yosi may run advertisements, promotions and provide links to third party products or services on the site. Yosi is not responsible or liable for any loss or damage of any sort incurred as the result of your participation with the third party products or services.
Questions or Comments
Yosi welcomes the opportunity to address any questions or comments you might have about the use of the Service or its Terms of Use. You can contact us at hello@yosicare.com.
This document was last updated on February, 2019.