Terms and Conditions

Agreement between User / Patient and Monitor Health LLC

Last Updated: February 2026

🔖 Reading Guide — Highlighted sections indicate critical areas you should review carefully:

Critical Terms — Must-read clauses

HIPAA — Health information protections

Consent — Your rights & informed consent

Security — Data & platform security

Minors & Guardianship — Youth protections

1. Acceptance of Terms

⚠ Critical — Please Read Carefully

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

Monitor Health is an application that provides a platform for licensed mental health professionals and patients where they can interact and allow the professionals to help individuals achieve their mental health and emotional well-being goals through counseling, therapy, psychiatric evaluation, and related mental health services.

⚠ Critical — Binding Agreement

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND THOROUGHLY AS THEY CONSTITUTE A LEGALLY BINDING AGREEMENT made between you, whether personally or on behalf of an entity ("you," "user," "patient," or "client") and Monitor Health LLC ("Monitor Health," "Company," "we," "us," or "our"), concerning your access to and use of the Monitor Health website and Monitor Health Mobile Application as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Website and Mobile Application").

Monitor Health may have affiliated legal entities around the USA ("Affiliates") providing mental health services to you on behalf of Monitor Health. You acknowledge and agree that the Affiliates will be entitled to provide mental health services to you under the terms of this Agreement. You agree that by accessing the Website and/or Mobile Application, you have read, understood, and agree to be bound by all of these Terms and Conditions.

Connect with licensed therapists, psychologists, psychiatrists, and counselors anywhere in the United States of America. Book and pay for your mental health appointments through the app and engage in live telehealth sessions from the comfort and privacy of your own space. Access therapy resources, guided meditation, mood tracking, treatment plans, and progress monitoring tools. Log and track your mental health journey, share progress reports with your treating physician, or submit documentation for insurance reimbursement.

⚠ Critical — Opt-Out Notice

IF YOU DO NOT AGREE WITH ALL OR ANY OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND MOBILE APPLICATION AND YOU MUST DISCONTINUE THEIR USE IMMEDIATELY.

3. HIPAA Compliance & Protected Health Information

🛡 HIPAA — Health Information Protection

Monitor Health is committed to protecting your health information in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the HITECH Act, and all applicable federal and state privacy regulations.

Protected Health Information (PHI): Any individually identifiable health information created, received, maintained, or transmitted through our platform — including your name, diagnosis, treatment records, session notes, billing information, and communications with providers — is classified as Protected Health Information under HIPAA.

How We Use and Disclose Your PHI:

Treatment: Your PHI may be shared among your treating providers within the Monitor Health platform to coordinate and manage your mental health care.
Payment: We may use your PHI to process payments, submit insurance claims, and verify coverage as authorized by you.
Healthcare Operations: We may use your PHI for quality assurance, compliance auditing, and platform improvement, always in accordance with HIPAA's minimum necessary standard.

Your HIPAA Rights:

Right to access and obtain copies of your mental health records.
Right to request amendments to your PHI if you believe it is inaccurate.
Right to receive an accounting of disclosures of your PHI.
Right to request restrictions on certain uses and disclosures.
Right to receive confidential communications through alternative means.
Right to be notified in the event of a breach of your unsecured PHI.
Right to file a complaint with Monitor Health or the U.S. Department of Health and Human Services (HHS) Office for Civil Rights if you believe your privacy rights have been violated.

Exceptions to Confidentiality (Mandatory Disclosures): Federal and state law require or permit disclosure of your PHI without your consent in certain limited circumstances, including:

When there is an imminent threat of serious harm to yourself or others.
Suspected child abuse or neglect, elder abuse, or abuse of a vulnerable adult.
Court orders or lawful subpoenas.
As required by state-mandated reporting laws.
Public health activities as required by law.

Business Associates: Any third-party vendors or service providers who access your PHI on behalf of Monitor Health are bound by HIPAA-compliant Business Associate Agreements (BAAs) and are contractually required to safeguard your information.

Notice of Privacy Practices: A complete copy of our Notice of Privacy Practices, which describes how your health information may be used and disclosed and how you can access this information, is available upon request and within the Monitor Health application.

4. Data Security & Safeguards

🔒 Security — How We Protect Your Data

Monitor Health implements administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of your Protected Health Information, in compliance with the HIPAA Security Rule.

Technical Safeguards:

Encryption: All data transmitted between your device and our servers is encrypted using industry-standard TLS/SSL protocols. Data stored on our servers is encrypted at rest using AES-256 encryption.
Access Controls: Role-based access controls ensure that only authorized personnel and your designated providers can access your PHI. Multi-factor authentication (MFA) is required for all provider and administrative accounts.
Audit Logging: All access to PHI is logged and monitored. Audit trails are maintained and reviewed regularly to detect unauthorized access or anomalies.
Secure Telehealth Infrastructure: Video and audio sessions are conducted over encrypted, HIPAA-compliant communication channels. Session recordings, if any, are stored only with your explicit written consent.

Administrative Safeguards:

All employees and contractors complete mandatory HIPAA privacy and security training.
Designated Privacy Officer and Security Officer oversee compliance.
Regular risk assessments are conducted to identify and mitigate vulnerabilities.
Incident response and breach notification procedures are in place as required by HIPAA and the HITECH Act.

Physical Safeguards:

Server infrastructure is hosted in SOC 2 Type II certified data centers with 24/7 physical security, biometric access controls, and environmental monitoring.
Workstations with access to PHI are secured with automatic screen locks and encrypted storage.

Breach Notification: In the event of a breach of unsecured PHI, Monitor Health will notify affected individuals, the U.S. Department of Health and Human Services, and, where applicable, the media, in accordance with the HIPAA Breach Notification Rule (within 60 days of discovery).

Your Responsibilities: You are responsible for maintaining the security of your account credentials, ensuring your device is secure, and using the platform in a private setting during telehealth sessions. Monitor Health is not responsible for unauthorized access resulting from your failure to safeguard your login information.

5. Eligibility & Minors / Guardianship

👤 Minors & Guardianship — Special Protections for Youth

General Eligibility: You must be at least 18 years of age to independently enroll and consent to mental health services on the Monitor Health platform. Enrollment and participation are entirely voluntary.

Minor Patients (Under 18 Years of Age): If the patient is a minor (under 18 years of age), the following additional terms apply:

Parental / Guardian Consent Required: A parent or legal guardian must provide verified, written informed consent before any mental health services can be rendered to a minor. This consent must be submitted through the platform's secure consent workflow and may require uploading legal documentation (such as a custody order or guardianship decree).
Account Setup: The account for a minor patient must be created and managed by the parent or legal guardian. The guardian is responsible for the accuracy of all information provided, including the minor's identity, medical history, and insurance details.
Guardian Identity Verification: Monitor Health reserves the right to verify the identity and legal authority of any individual claiming to be a parent or legal guardian before granting access to a minor's account or treatment records. Acceptable documentation includes court-issued custody orders, legal guardianship decrees, adoption papers, or other legally recognized documents establishing parental or guardianship rights.
Guardianship Under Court Order: If a minor is under court-appointed guardianship, the appointed guardian must provide a copy of the guardianship order. Monitor Health will only accept instructions and consent from individuals whose authority is documented and verified. In cases of shared custody or joint guardianship, Monitor Health may require consent from all parties with legal authority unless a court order specifies otherwise.
Foster Care and State Custody: For minors in foster care or state custody, the authorized representative (foster parent, caseworker, or designated agency) must provide appropriate documentation authorizing consent for mental health treatment. Monitor Health will comply with all applicable state laws regarding consent for mental health treatment of minors in state custody.
Confidentiality of Minor's Records: While parents and legal guardians generally have the right to access a minor's treatment records, certain communications between the minor and their mental health provider may be protected under applicable state law. Providers may exercise clinical judgment in withholding certain session content from guardians if disclosure would be detrimental to the minor's treatment, consistent with state law and professional ethics.
Minor's Assent: Where developmentally appropriate, Monitor Health providers will seek the minor's assent (agreement) to participate in treatment, in addition to the guardian's legal consent. A minor's refusal to participate will be taken seriously and discussed with the guardian and provider.
Emancipated Minors: Minors who have been legally emancipated by a court may consent to their own mental health treatment. Proof of emancipation must be provided to Monitor Health before services can be rendered independently.
Emergency Exception: In the event of a mental health emergency involving a minor, Monitor Health providers may render stabilizing care or make appropriate referrals (e.g., calling 911 or crisis services) even without prior guardian consent, as permitted by applicable law.

Age Restriction: Monitor Health does not provide mental health services to any individual under the age of thirteen (13), even with parental or guardian consent. Monitor Health will not knowingly collect, either online or offline, personal information from persons under the age of thirteen.

Liability: The parent or legal guardian who consents to a minor's use of the platform assumes full responsibility for the minor's use of the Services, including compliance with these Terms and Conditions. The Company reserves the right to terminate an account and refuse access to Services if it is discovered that a minor is using the platform without verified guardian consent, or if any information provided is inaccurate.

6. Privacy Policy

Your use of Monitor Health is subject to Monitor Health's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

We care about data privacy and security. Please review our Privacy Policy. By using the Website/Mobile Application, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Website/Mobile Application is hosted in the USA Region as per the USA Privacy Guidelines. If you access the Website/Mobile Application from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in USA, then through your continued use of the Website/Mobile Application, you are transferring your data to USA, and you expressly consent to have your data transferred to and processed in and stored in the USA region.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. If we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Website/Mobile Application as quickly as is reasonably practicable.

7. Telehealth & Electronic Communications

Visiting Monitor Health or sending emails to Monitor Health and its service providers or engaging in telehealth sessions with Monitor Health providers 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 or electronic acceptance.

Monitor Health may make email, secure messaging, telehealth video, and chat services (collectively, "Communications") available to users of our application, either directly or through a third-party provider. All clinical Communications are conducted through HIPAA-compliant, encrypted channels. Monitor Health will not inspect or disclose the contents of private clinical Communications except with the consent of the sender or the recipient, in the narrowly-defined situations provided under the Electronic Communications Privacy Act, as required under HIPAA for treatment/payment/operations, or as otherwise required by law or by court or governmental order.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

8. 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 or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Monitor Health is not responsible for third-party access to your account that results from theft or misappropriation of your account. Monitor Health and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

9. Mental Health Services Disclaimer

⚠ Critical — Service Limitations

In consideration of being allowed to participate in the mental health counseling, therapy, psychiatric evaluation, medication management consultation, and related mental health services offered by Monitor Health LLC and to use its platform and Services, in addition to the payment of any fee or charge, you do hereby waive, release, and forever discharge and hold harmless Monitor Health LLC and its licensed providers, consultants, officers, agents, professional service providers, and employees from any and all responsibility, liability, cost, and expenses, including injuries or damages, resulting from your participation in any mental health services, or your use of any services provided through the platform. You do also hereby release Monitor Health LLC and its providers, consultants, officers, agents, professional service providers, and employees from any responsibility or liability for any injury, damage, or disorder (physical, mental, emotional, or otherwise) to you, or in any way arising out of or connected with your participation in any activities using Monitor Health.

You understand that mental health treatment involves discussing sensitive personal matters, and that the therapeutic process may at times lead to heightened emotional responses. You acknowledge that mental health outcomes vary by individual and are influenced by many factors including your engagement in the treatment process, and that no provider can guarantee specific results.

⚠ Critical — Not for Emergencies

MONITOR HEALTH IS NOT A CRISIS OR EMERGENCY SERVICE. THE SERVICES PROVIDED BY THE LICENSED MENTAL HEALTH PROFESSIONALS AVAILABLE ON THE WEBSITE AND/OR MOBILE APP DO NOT CONSTITUTE EMERGENCY PSYCHIATRIC CARE. IF YOU ARE EXPERIENCING A MENTAL HEALTH CRISIS, SUICIDAL THOUGHTS, OR ARE IN IMMEDIATE DANGER, CALL 911 OR THE 988 SUICIDE & CRISIS LIFELINE IMMEDIATELY.

YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND MONITOR HEALTH LLC AS A CORPORATE ENTITY. YOUR CLINICAL RELATIONSHIP IS WITH YOUR INDIVIDUAL LICENSED PROVIDER.

Treatment plans provided by licensed professionals through Monitor Health are individualized based on clinical assessment. Always communicate openly with your provider about your symptoms, medications, and any changes in your condition. You understand that the therapeutic relationship is between you and your individual provider, and that Monitor Health LLC serves as the platform facilitating this connection.

10. Fees and Payment

We accept the following forms of payment: Credit Card, Debit Card, Net Banking, Mobile Wallets, PayPal / Venmo / Zelle, and Health Savings Account (HSA) / Flexible Spending Account (FSA) cards where applicable.

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website/Mobile Application. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Website/Mobile Application. All applicable sales taxes will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. Dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website/Mobile Application.

11. Cancellation / Refund Policy

Cancellation and refund policies are established by each individual licensed mental health provider, as they are independent practitioners who use the Monitor Health platform to deliver services. Provider-specific cancellation policies will be communicated to you at the time of booking. Monitor Health is not liable for refund disputes between patients and individual providers. If you have concerns, please contact our support team for assistance in resolving the matter.

12. Intellectual Property

For purposes of these Terms of Use, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, chat, and other original content.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site/App is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, and is the sole property of Monitor Health LLC and/or its Affiliates.

You are granted a non-exclusive, non-transferable, revocable license to access and use Monitor Health strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to Monitor Health that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the website and the app 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.

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 Monitor 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. Monitor Health content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Monitor Health and the copyright owner. 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 Monitor Health or our licensors except as expressly authorized by these Terms.

All custom graphics, icons, logos, and service names are registered trademarks, trademarks, or service marks of Monitor Health LLC or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Monitor Health LLC or its Affiliates.

13. User Generated Contributions

Definition: "Public Forum" is any area, site, or feature offered as part of the Services including, but not limited to, community groups, blog, support forums, emails, or messaging features that enable you to (a) upload, submit, post, display, perform, distribute, and/or view User Content, and/or (b) communicate, share, or exchange User Content with other members. Except as otherwise provided in our Privacy Policy, all Public Forum communications are public and not private communications. You are, and shall remain, solely responsible for the User Content that you upload, submit, post, transmit, communicate, share, or exchange by means of any Public Forum and for the consequences of submitting or posting the same.

The Website/Mobile Application may invite you to participate in support communities, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Website/Mobile Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Website/Mobile Application and through third-party Websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you represent and warrant that: your Contributions do not infringe the proprietary rights of any third party; you are the creator and owner of, or have the necessary licenses for, the content; your Contributions are not false, inaccurate, or misleading; your Contributions are not unsolicited advertising or spam; your Contributions are not obscene, harassing, libelous, or otherwise objectionable; your Contributions do not violate the privacy or publicity rights of any third party; your Contributions do not solicit personal information from anyone under 18 or exploit minors; and your Contributions do not violate any applicable law, regulation, or rule.

Any use of the Website/Mobile Application in violation of the foregoing violates these Terms and Conditions and may result in termination or suspension of your rights to use the Website/Mobile Application.

14. Use of Communication Services

The Site may contain community support groups, forums, peer communities, and/or other message or communication facilities designed to enable you to communicate with other users (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; publish any inappropriate, profane, defamatory, obscene, or unlawful material; upload files that contain viruses or any software that may damage another's computer; advertise or offer to sell or buy any goods or services; falsify any attributions or labels of origin; restrict or inhibit any other user from using and enjoying the Communication Services; violate any applicable laws or regulations; or share another user's personal health information without their consent.

Monitor Health has no obligation to monitor the Communication Services. However, Monitor Health reserves the right to review materials posted and to remove any materials in its sole discretion. Monitor Health reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason. Always use caution when giving out any personally identifying information about yourself or your dependents in any Communication Service.

15. Guidelines for Reviews

We may provide you areas on the Website/Mobile Application to leave reviews or ratings. When posting a review, you must comply with the following criteria: you should have firsthand experience with the provider/service being reviewed; your reviews should not contain offensive, abusive, racist, or hate language; your reviews should not contain discriminatory references based on religion, race, gender, color, national origin, age, marital status, sexual orientation, or disability; your reviews should not contain references to illegal activity; you should not be affiliated with competitors if posting negative reviews; you may not post any false or misleading statements; and you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

Important: Reviews must not contain any Protected Health Information (PHI) about other patients or providers. Any review found to contain PHI will be immediately removed.

16. Third Party Links & Accounts

Monitor Health may contain links to other websites ("Linked Sites"). These Linked Sites are not under the control of Monitor Health and Monitor Health is not responsible for the contents of any Linked Site. The inclusion of any link does not imply endorsement by Monitor Health of the site or any association with its operators.

Certain services made available via Monitor Health are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Monitor Health domain, you hereby acknowledge and consent that Monitor Health may share such information and data with any third party with whom Monitor Health has a contractual relationship (and a Business Associate Agreement where PHI is involved) to provide the requested product, service, or functionality on behalf of Monitor Health users and patients.

As part of the functionality of the Website/Mobile Application, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account"). By granting us access to any Third-Party Accounts, you understand that we may access and store content from those accounts so that it is available on and through the Website/Mobile Application. You will have the ability to disable the connection between your account on the Website/Mobile Application and your Third-Party Accounts at any time.

Apple and Android Devices: The following terms apply when you use a mobile application obtained from either the Apple App Store or Google Play Store (each an "App Distributor") to access the Website/Mobile Application: the license granted to you is limited to a non-transferable license to use the application on a device that utilizes the applicable operating system; we are responsible for providing maintenance and support services as specified in these Terms; and you acknowledge and agree that the App Distributors are third-party beneficiaries of these Terms.

17. Indemnification

You agree to indemnify, defend, and hold harmless Monitor 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. Monitor 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 Monitor Health in asserting any available defenses.

18. Liability Disclaimer

⚠ Critical — Liability Limitations

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. MONITOR HEALTH LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MONITOR HEALTH 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. MONITOR HEALTH 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 MONITOR HEALTH 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, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MONITOR HEALTH LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

USERS ARE REQUIRED TO DIRECTLY INTERACT WITH THE SERVICE PROVIDERS FOR ANY LIABILITY MATTER AND THE TRANSACTION IS BETWEEN THE USER AND SERVICE PROVIDER. MONITOR HEALTH LLC IS NOT RESPONSIBLE FOR ANY ACTIONS / BEHAVIOR / CONCERNS ARISING OUT OF THIRD PARTY SERVICE PROVIDERS.

19. Arbitration & Dispute Resolution

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 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.

Intellectual Property Arbitration: Any disputes related to intellectual property, such as trademark infringement, copyright infringement, patent infringement, trade secrets, domain names, copyrights, breach of unfair competition law, and breach of various licensing agreements, shall be arbitrated at an individual level in accordance with the procedures described above.

20. Governing Law & Termination

Unless you and Monitor Health otherwise agree, the arbitration will be conducted in Richmond County, Virginia, United States. Subject to the applicable arbitration provider's rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Monitor 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, with or without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Richmond, Virginia in all disputes arising out of or relating to the use of the Site.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Monitor Health as a result of this agreement or use of the Site. Monitor Health's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Monitor 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 Monitor Health with respect to such use.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Monitor 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 Monitor Health with respect to the Site.

21. Changes to Terms & Conditions

Supplemental terms and conditions or documents that may be posted on the Website/Mobile Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms and Conditions, and also by informing either in the app or by automated email to your registered email. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Website/Mobile Application after the date such revised Terms and Conditions become effective.

If changes materially affect your HIPAA rights, consent provisions, or the handling of your Protected Health Information, Monitor Health will provide you with a separate, prominent notice and may require you to re-acknowledge the updated terms before continuing to use the Services.

22. Copyright, Trademark, and Other Intellectual Property Infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Website/Mobile Application infringes upon any Intellectual Property you own or control, please immediately notify us using the contact information. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to USA Copyright laws you may be held liable for damages if you make material misrepresentations in a Notification by making false copyright claims. Thus, if you are not sure that material located on or linked to by the Website/Mobile Application infringes your copyright, you should consider first contacting an attorney. We may terminate your Monitor Health account if you repeatedly infringe the intellectual property rights of others. Refer to the arbitration clause section from this document to understand the process related to intellectual property disputes.