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These Terms were last updated March 14, 2024.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE AS FURTHER DEFINED AND DESCRIBED BELOW. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND CONTINUING TO USE THE SITE, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. PLEASE DO NOT USE THE SITE IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.
Hopscotch Primary Care (“Hopscotch,” “we,” “us,” or “our”) owns and operates the Hopscotch website found at https://www.hellohopscotch.com (the “Site”). These Terms of Use, together with any other applicable agreements or other documents as may be expressly incorporated by reference (collectively, these “Terms”), govern your access and use of the Site, including any content, functionality, and services as may be offered through the Site as a visitor (“User,” “You,” “you,” or “your”). Our handling of any information collection or provided through use of the Site is governed by our Privacy Policy. The Site is controlled and operates from the United States and is subject to United States Law.
THE SITE IS INTENDED FOR INFORMATIONAL AND EDUCATIONAL USE ONLY. THE CONTENT ON THE SITE SHOULD NOT BE CONSIDERED MEDICAL ADVICE. IF YOU ARE IN CRISIS, PLEASE SEEK PROFESSIONAL HELP. FOR ALL URGENT OR EMERGENCY MATTERS THAT YOU BELIEVE MAY IMMEDIATELY AFFECT YOUR HEALTH OR ANOTHER’S HEALTH, PLEASE CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM OR URGENT CARE FACILITY.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, AND AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS SHALL REMAIN IN EFFECT UNTIL USER CEASES USING THE SITE OR HOPSCOTCH TERMINATES USER’S RIGHT TO USE THE SITE. USER MUST BE AT LEAST 18 YEARS OLD TO ACCESS AND USE THE SITE. BY ACCESSING OR USING ANY PART OF THE SITE, USER AGREES THAT USER HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE.
Hopscotch reserves the right, at its sole discretion, to make changes to all or part of these Terms at any time. We will endeavor to provide notice to User of changes to the Terms; however, User is responsible for checking these Terms periodically for changes. User’s continued use of the Site means that User agrees to any new or modified provisions of these Terms posted on the Site.
Hopscotch grants User a limited, revocable, personal, non-exclusive, non-transferable right during the term of these Terms to access and use the Site for User’s personal use. To the extent that User provides any information, including but not limited to Personal Information (as defined in the Privacy Policy), to Hopscotch or its representatives, User warrants that (a) User is providing or obtaining only User’s own information or the information of others which User is authorized to provide to third parties and/or obtain from third parties on their behalf; and (b) the use of such information by Hopscotch and its representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties.
Hopscotch may communicate with User via email on a recurring basis. By providing User’s email address and/or phone number, User consents and gives permission to be contacted at such email address and/or phone number by Hopscotch and its partners. User certifies that User has provided User’s own contact information.
Hopscotch will use commercially reasonable efforts to provide access to the Site 24 hours a day, 7 days a week, except in the case of limited necessary maintenance periods, natural disasters, or events beyond Hopscotch’s control and subject to any breakdowns or maintenance operations required to ensure the smooth operation of the Site. Hopscotch will not be liable for any failures or deficiencies in the performance of the Site by reason of maintenance, breakdown, or any event beyond Hopscotch’s control, including without limitation natural disasters, Internet outage, interruption of service, labor disturbances, technological disaster, terrorism, or war.
User acknowledges that data conversion and transmission is subject to the likelihood of human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media, that may give rise to loss or damage. Hopscotch shall not be liable for any such errors, omissions, delays, or losses. User understands and agrees that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to computer systems, networks, and any and all information stored therein. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. Hopscotch shall not be responsible for any adverse consequences whatsoever of User’s connection to or use of the Internet, and shall not be responsible for any use by User of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.
User’s rights under these Terms will terminate automatically without notice from Hopscotch if User fails to comply with these Terms. Upon termination, User shall immediately cease all use of the Site. Hopscotch reserves the right to terminate User’s access to any or all aspects of the Site or to discontinue any aspect of the Site at any time for any reason whatsoever without notice to User.
User may only use the Site for lawful purposes. User agrees that User will not: (a) infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret, or other right of Hopscotch or any third party; (b) abuse, defame, harass, or stalk any individual or other user of the Site; (c) interfere or attempt to interfere with, or damage or attempt to damage, the Site or the proper working thereof, including, without limitation, through the use of cancel bots, denial of service attacks, flood pings, forged routing or electronic mail address information, harmful code, packet or IP spoofing, phishing, Trojan horses, viruses, or similar methods or technology; (d) use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content thereon, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site; (e) misrepresent User’s identity, provide false information, impersonate another person or entity, or misrepresent User’s affiliation with a person or entity, including, without limitation, Hopscotch; (f) attempt to obtain unauthorized access to the Site; (g) collect, reverse look-up, trace or seek to trace, manually or through automated means, information about other users or visitors to the Site without their express consent; (h) use any meta tags or any other hidden text utilizing the Hopscotch name, service marks, trademarks, or product or service names; (i) advertise, offer to sell, or sell any goods or services set forth in the Site except as expressly permitted by Hopscotch; (j) engage in any activity that interferes with any third party’s ability to use or enjoy the Site; (k) probe, scan, or test the vulnerability of the Site or any network connected thereto, or breach the security or authentication measures on the Site or any network connected thereto; (l) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Hopscotch’s systems or networks, or any systems or networks connected thereto; or (m) assist any third party in engaging in any activity prohibited by these Terms.
The Site, and all intellectual property, trademarks, service marks, information, data, and other materials made available to User in connection with these Terms, together with the design of the Site, and text, scripts, graphics and features and other content and materials therein (collectively, “Content”) are the sole and exclusive property of Hopscotch and its licensors, and are available to User solely for purposes of User’s use of and access to the Site in accordance with these Terms. The Content is owned by or licensed to Hopscotch and protected by copyright and other intellectual property rights under United States and foreign laws and international conventions. All rights, title and interests in and to the Content and all copyrights, trade secret rights, patents, trademarks and any other intellectual property or proprietary rights in and to the Content shall at all times remain the exclusive property of Hopscotch and/or its licensors. Except for the limited rights granted herein, nothing in these Terms shall transfer to User any right, title, or interest in or to any Content.
By submitting any information, suggestions, enhancement notations, comments, or ideas and other feedback to Hopscotch with respect to the Site or services as may be offered by Hopscotch (collectively, “Feedback”); you agree that such Feedback shall be deemed, and shall remain, Hopscotch’s property. Feedback shall not be subject to any obligation of confidentiality on Hopscotch’s part and Hopscotch shall not be liable for any use or disclosure of any Feedback. Hopscotch shall own all rights and interests related to Feedback (including without limitation all intellectual property rights therein) and shall be entitled to use any Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.
Hopscotch will treat any information it collects or receives from User through the Site in accordance with its Privacy Policy (the “Privacy Policy”), which is incorporated by reference. Please review the Privacy Policy before using the Site. If User is unwilling to accept the terms and conditions of the Privacy Policy, User should not use the Site.
Hopscotch, through the Site or the contact information User has provided, may contact User regarding certain offers or products of Hopscotch or other of its partners that Hopscotch believes may be beneficial to User. User understands and agrees that Hopscotch may contact User in this manner.
The Site also may contain links to the websites of Hopscotch partners, advertisers, or unrelated third party companies (“Linked Websites”). Hopscotch does not own and has no control over the Linked Websites and therefore assumes no responsibility and makes no warranties or representations with respect to the availability of these websites, their content, advertising material, and the products or services available at or through the Linked Websites. Hopscotch does not endorse any Linked Website, is not bound by the terms and conditions, if any, of such Linked Websites, and the existence of a Linked Website does not mean that Hopscotch has any affiliation, connections, endorsement, or sponsorship of such websites or their owners or operators. Hopscotch accepts no liability for any direct or indirect damage that may result from User’s visit to a Linked Website, or from User’s use of the contents, products, or services of these websites or their owners or operators. Users acknowledges and agrees that Hopscotch shall not be responsible or liable for the content or conduct of, associated with, or related to any Linked Website, and, accordingly, User’s access and use of any Linked Website shall be solely at User’s own risk. If User has any questions or concerns regarding any Linked Website, User should review any terms and conditions and privacy policy maintained by that Linked Website or should contact the applicable party or their website administrator.
USER AGREES THAT USER’S USE OF THE SITE SHALL BE AT USER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HOPSCOTCH, ITS LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, CONTENT, AND USER’S USE THEREOF, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, ACCURACY, COMPLETENESS, TITLE AND NON-INFRINGEMENT. THE SITE AND ALL CONTENT ARE PROVIDED “AS AVAILABLE,” “AS IS,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HOPSCOTCH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SITE OR CONTENT, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND/OR USE OF THE SITE OR CONTENT, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF HOPSCOTCH OR ITS LICENSORS’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY TRANSMISSION TO OR FROM THE SITE, AND/OR (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE THROUGH THE ACTIONS OF ANY THIRD PARTY. NEITHER HOPSCOTCH NOR ANY OF ITS LICENSORS WARRANT THAT (1) THE SITE OR CONTENT WILL MEET USER’S REQUIREMENTS, (2) THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (3) THE SITE OR CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE, OR THAT ERRORS WILL BE CORRECTED.
User’s reliance upon any Content or information obtained or used by User through the Site is solely at User’s own risk. Hopscotch is not responsible for the accuracy of any information or Content provided or sent by User or other users of the Site. User is responsible for verifying the accuracy of any information or Content User sends or receives through the Site. Hopscotch is not responsible for communication malfunctions, failures, or lost, stolen, or otherwise misdirected, transmissions, messages, or entries, or the security of any such communications.
IN NO EVENT SHALL HOPSCOTCH, ITS LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO ANY (A) ERRORS, MISTAKES, OR INACCURACIES IN THE SITE OR CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE, (D) ANY TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, AND/OR (G) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOPSCOTCH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THESE TERMS IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND HOPSCOTCH, OR ONE OF ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED IN THE AGGREGATE THE GREATER OF THE AMOUNT ACTUALLY PAID BY USER TO HOPSCOTCH (IF ANY) OR ONE HUNDRED DOLLARS ($100.00 USD). 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 USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY PORTION OF THESE TERMS, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IF USER IS A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO USER.
Any claim or cause of action arising out of or related to User’s use of the Site, these Terms, or User’s use of Content made available through or on the Site must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
User agrees to defend, indemnify, and hold Hopscotch, its licensors, and their respective officers, directors, employees and agents harmless from and against any and all claims, losses, liability, costs, and expenses (including attorneys’ fees) arising from or related to User’s use of the Site, and User covenants not to sue Hopscotch for any injuries to User or User’s property arising out of or related to User use of the Site.
These Terms shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between User and Hopscotch that relates to or arises in whole or in part from these Terms shall be decided exclusively by a court of competent jurisdiction located in Kent County, Delaware, provided, that User hereby agrees that any dispute arising out of or relating in any way to these Terms or User’s use of the Site or any information, materials or services User obtains from Hopscotch requires that such claim be resolved exclusively by confidential binding arbitration. The arbitration shall be conducted before three neutral arbitrators in Kent County, Delaware in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Punitive and consequential damages may not be awarded under these Terms.
BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the exclusive jurisdiction of the state or federal courts located in Kent County, Delaware for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, or (iv) to enforce Hopscotch’s intellectual property rights under these Terms, and (b) for service of process in any such action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts Kent County, Delaware.
Hopscotch may assign its rights and duties under these Terms without notice to User. User may not assign these Terms without the prior written consent of Hopscotch, and any assignment in contravention of the foregoing shall be null and void. If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Hopscotch’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, as revised from time to time by Hopscotch, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Any rights not expressly granted herein are reserved to Hopscotch.
If User has any questions about these Terms, Hopscotch’s practices, or User’s dealings with the Site, please contact us at:
Email: info@hellohopscotch.com
You can write to us at:
Mail: 500 W. Madison St., Suite 1000, Chicago, IL 60661
Attn: Terms of Use