Last Updated November 8, 2024
Carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of Bionic Health, Inc.’s (“Bionic Health,” “we,” “us,” and “our”) Platform and Services (as defined below). Your acceptance of, and compliance with, these Terms of Use is a condition to your use of www.bionichealth.com and our mobile application (collectively, the “Platform”) that we provide to facilitate your access to health information and the Medical Services (the “Services”). Your actual receipt of Medical Services (as defined below) from Bionic Medical, PLLC and Bionic Medical Group and other contracted providers (each, a “Provider” and together, the “Medical Group”) and the Medical Group’s provision of Medical Services is subject to separate and additional terms and conditions. These Terms of Use only govern your use of and access to the Services which are separate from your receipt of Medical Services. Please review such additional terms governing the Medical Services.
By click signing these Terms of Use, you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use, our Privacy Policy and HIPAA Notice which are incorporated herein. If you do not agree to be bound by these Terms of Use, our Privacy Policy, and the HIPAA Notice provided to by Bionic Health or the Medical Group, you are not authorized to access or use our Platform and/or the Services and you should immediately cease all use of and access to the Platform and Services.
SECTION 9 (DISPUTE RESOLUTION) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND US. UNLESS YOU OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 9: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
You agree that information provided by you in connection with the Platform and the Services shall be governed by the Privacy Policy and HIPAA Notice, which are hereby incorporated and made part of these Terms of Use. You also agree that information provided by you in connection with the Services shall also be governed by the applicable agreement or terms between you and the Medical Group.
Scope
Bionic Health provides administrative and management services to independent, physician-owned and operated, medical practices, the Medical Group and Providers. The Medical Group and Providers individually and collectively provide professional medical services, online telehealth clinical consultations, services, and/or treatment either at their facilities or communicated through the use of our Platform (the “Medical Services”). Bionic Health’s Services include providing you with access to certain Content which is not considered Medical Services, giving you and the Medical Group a method of communication, and giving you access to information provided by the Medical Group as part of their Medical Services.
Any Medical Services obtained through our Platform are provided by Providers, including but not limited to Medical Group. Bionic Health licenses the “Bionic Health” brand name to Medical Group and other affiliated medical practices that use our Platform to assist in the provision of Medical Services. Each Bionic Health-branded Medical Group practice is owned and operated by a licensed physician.
Bionic Health is not an insurance provider nor are we a prescription fulfillment warehouse. Bionic Health is not a medical group and does not provide Medical Services or any type of medical advice, care, and/or treatment. Bionic Health only facilitates the transmission of medical advice and related information through the Platform. Bionic Health does not employ or in any way supervise the clinicians providing medical care, and control over the care provided and the content of any communications made by clinicians providing medical care is the sole responsibility of the independent medical practices and the Providers they employ. Medical Services may vary across Providers, and patients should contact the Providers at Medical Group directly for all questions concerning their medical care.
Availability
Bionic Health operates subject to state and federal regulations, and the Platform may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Platform under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Platform is limited exclusively to users located in states within the United States where the Platform is available. Accessing the Platform from jurisdictions where content is illegal, or where we do not offer the Platform, is prohibited.
Not For Emergencies
Our Platform and the Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our Platform. If you believe you are experiencing an emergency, call 9-1-1 immediately.
Risk of Telehealth Services
By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
Ownership
The Platform and any confidential and proprietary information, materials, data, databases, contents, processes, methodologies, know-how, software, artificial intelligence, text, displays, images, video, audio, trademarks, logos, service marks, features and functionality, and the design, selection and arrangement thereof contained therein, are owned by Bionic Health, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively, the “Content”).
License Grant
We hereby grant to you a limited, non-exclusive, nontransferable right to access the Platform and related Content solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us. We reserve the right, in our sole discretion, to deny or suspend use of the Platform or Content to anyone for any reason.
Restrictions
These Terms of Use permit you to use the Platform for your personal, non-commercial use only. In connection with your use of the Platform (including the Content), you must not:
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Bionic Health. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Accounts
You agree to: (a) provide true, accurate, current, and complete information when registering to use the Platform and establishing your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.
To access the Platform and the Services, you represent and warrant that you are 18 years old or older. If you are under the age of 18, please do not attempt to register with us on the Platform or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please Contact Us.
User Information
If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, inputs, comments, questions, suggestions, or other materials to us or our Platform (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You hereby grant Bionic Health a worldwide, perpetual, irrevocable, sublicensable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such User Information as Bionic Health may deem appropriate, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from or distribute such User Information to the Medical Group in connection with the Services. You agree not to contact other Platform users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant that you have the legal right and authorization to provide all User Information for use as set forth herein and required by Bionic Health and the Medical Group.
We may de-identify your information such that it is no longer considered protected health information or personally identifiable information. We may disclose, aggregate, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
Accuracy and Integrity of Information
Although we attempt to ensure the integrity and accuracy of the Platform, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. If an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Bionic Health shall have no responsibility or liability for information or Content posted to the Platform from any unaffiliated third party.
Subscription Terms
If you purchase a subscription to our Platform and/or Services, your subscription is subject to the subscription terms set forth on our website. Any purchases of supplements, prescriptions, tests, advanced lab work, clinical analysis, composition scans, sleep analysis or other medical services are subject to the payment terms with Medical Group and other third parties and are not included in the subscription fee. If you wish to cancel your current subscription please Contact Us. If you cancel your subscription, your account will automatically close at the end of your current billing period. Bionic Health may change the price for your Platform subscription, from time to time and will communicate any price changes to you thirty (30) days in advance of any change. Price changes will take effect at the start of the next subscription period following the date of the price change. If you do not contact us to cancel your subscription, then your continued use of the Platform after the price change came into effect constitutes your acceptance of the new price. If you do not agree with a price change, you have the right to reject the change by unsubscribing prior to the price change going into effect.
Payment
We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. If we are unable to secure funds from the payment method you provide for any reason, including insufficient funds in the payment method or insufficient or inaccurate information provided by you when submitting electronic payment, we may undertake further collection action, including application of fees to the extent permitted by law. You acknowledge and agree that you will not dispute the charges from Bionic Health, Medical Group, or any third-party payment processor with the payment method company, provided the transactions correspond to the terms indicated in these Terms of Use.
Cancellation; Termination
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
We make no representations whatsoever about any other website, platform, content, or other services that you may access or be linked to through the Platform (“Third-Party Services”). When you access Third-Party Services, please understand that it is independent from us, and that we have no control over the content on that website. In addition, a link to Third-Party Services does not mean that we endorse or accept any responsibility for the content, or the use, of the linked Third-Party Services. 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 Services linked to the Platform, you do this entirely at your own risk.
Third Party Lab Services Telehealth Consent
Phone Communications
By providing your mobile number, you are agreeing to be contacted by or on behalf of Bionic Health at the mobile number you have provided, including calls and text messages, to receive informational, product or service related (e.g., progress tracking, reminders, etc.) messages and communications relating to the Platform. Message and data rates may apply. To stop receiving text messages text a reply to us with the word STOP. We may confirm your opt out by text message. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your services. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act and the Telephone Consumer Protection Act, please Contact Us.
Electronic Communications
When you use the Platform, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. We may contact you by telephone, mail, or e-mail to verify your information. We may request further information from you, and you agree to provide such further information to ensure that you have not fraudulently used the Platform. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Platform until you provide the information to us as requested.
Recordings
Bionic Health, on behalf of your Provider, may record (audio and video) all or part of your interaction with us or them (“Recordings”). Such Recordings are used in connection with the provision of Services and for quality assurance and training purposes, to better deliver to you the products and services, and to help us improve the Platform. We will keep such Recordings confidential, and we will not publicly display such Recordings unless legally required to do so, such as if subject to a court order. By accessing and using our Platform, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.
Unless expressly stated in these Terms of Use, nothing herein is intended to confer any rights, obligations, duties, or remedies, on any person other than you and Bionic Health and our affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Bionic Health, and our affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Bionic Health, and our affiliates. The Platform is only provided for your benefit and may not be relied on by any third party.
We will try to work in good faith to resolve any issue you have with the Platform, Services accessed, or products purchased through the Platform, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
UNLESS YOU OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS, YOU AND BIONIC HEALTH AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR YOUR USE OF THE PLATFORM, SERVICES, AND ANY PRODUCTS ORDERED OR PURCHASED THROUGH THE PLATFORM, SHALL BE DETERMINED BY BINDING ARBITRATION INSTEAD OF IN COURTS OF GENERAL JURISDICTION. 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 limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery considering the issues involved and amount of the claim. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Bionic Health 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 OF USE AND ANY OTHER CONTRACTUAL RELATIONSHIP BETWEEN YOU AND BIONIC HEALTH.
If you desire to assert a claim against Bionic Health, and you therefore elect to seek arbitration, you must first send to Bionic Health, by certified mail, a written notice of your claim (“Notice”). The Notice to Bionic Health should be addressed to: Bionic Health, Inc., Attn: LEGAL NOTICE, 4221 Garrett Rd Ste 1, Durham, NC 27707 (“Notice Address”).
If Bionic Health desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most current address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Bionic Health, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”).
If Bionic Health and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Bionic Health may commence an arbitration proceeding. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, 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 of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement.
If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely based on 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 herein, 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 BIONIC HEALTH 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 ACTION, MASS ACTION, OR REPRESENTATIVE PROCEEDING. Further, unless both you and Bionic Health 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.
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 of Use shall remain in full force and effect; (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for North Carolina; and (c) North Carolina law, and federal law to the extent applicable, will govern the dispute. Both Bionic Health and you agree to waive any and all rights to a jury trial in the event this agreement to arbitrate is found to be unenforceable.
All disputes will be governed by North Carolina law, and federal law to the extent applicable. All dispute resolution and litigation will proceed in state or federal courts located in and for North Carolina.
You agree to defend, indemnify, and hold Bionic Health and any affiliates harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (a) your use or misuse of the Platform, Services, or any User Information or other information posted on the Platform; (b) your breach of the Terms of Use or Privacy Policy; (c) the content or subject matter of any information you provide to Bionic Health, Medical Group, your Provider, or a customer service agent; or (d) any negligent or wrongful act or omission by you in your use or misuse of the Platform, Services, or any information on the Platform, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
BIONIC HEALTH DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS 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. BIONIC HEALTH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND LINKED WEBSITES. BIONIC HEALTH DOES 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.
WARRANTIES RELATING TO SERVICES OR PRODUCTS OFFERED, SOLD, AND DISTRIBUTED BY MEDICAL GROUP OR PROVIDER OR ANOTHER THIRD PARTY ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE SERVICES OR PRODUCTS.
BIONIC HEALTH 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 PLATFORM, PLATFORM-RELATED SERVICES, SERVICE, CONTENT, OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY THIRD PARTY SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND/OR THIRD-PARTY SERVICES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF BIONIC HEALTH TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM AND SERVICES IS $500 (FIVE HUNDRED DOLLARS).
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR THE CONDUCT OF OR SERVICES PROVIDED BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO MEDICAL PROVIDERS PROVIDING MEDICAL SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
We will not be deemed to be in breach of these terms or liable or deemed to have defaulted for any breach of these Terms of Use or our Privacy Policy for any failure or delay in fulfilling or performing any term of these Terms of Use, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosion, pandemic, or epidemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; and (g) other events beyond the reasonable control of Bionic Health. We will do our best to communicate with you and to provide notice of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.
Bionic Health reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Bionic Health and you pertaining to the subject matter hereof. In its sole discretion, Bionic Health may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.
Copyright ©2021 Bionic Health, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.