Patient Terms of Service

PATIENT TERMS OF SERVICE

Last updated: 3/1/2022
Last Reviewed: 12/29/2023

These Patient Terms of Service (“Patient Terms”) are between Practice by Numbers, Inc. (“Practice by Numbers” or “we”) and you (“User” or “you”). Please read these Patient Terms carefully before accepting them and using Practice by Numbers’ cloud-based tools which include but are not necessarily limited to online booking, online patient forms, an online webchat, and text messaging (the “Service”) and its associated software (the “Software”).

By clicking to accept or agree to the Patient Terms when this option is made available to you or by using this online Service and its Software, you indicate your acceptance of the Patient Terms. These Patient Terms set forth your legal rights and obligations related to Practice by Numbers’ Service. If you do not accept these terms, you must not access or use the Service.

1. Medical Advice Disclaimer; Patient-Provider Relationship Disclaimer.

If you believe you or any other individual has a medical emergency or any other health problem, you should promptly call an emergency medical service provider or consult your physician or healthcare provider. If you think you may be suffering from any medical condition, you should seek immediate medical attention. The Website and Service are not designed to, and do not provide, medical advice, professional diagnosis, opinions, or treatment to you or to any other person. Never disregard medical or professional advice, or delay seeking it, because of something you read on the Website or through the Service or on any linked website. You should also ask your physician or other healthcare provider to assist you in interpreting any information provided through the Website, Service, or any linked website, or in applying such information to your individual case.

PRACTICE BY NUMBERS IS NOT A MEDICAL PROVIDER. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SERVICE OR WEBSITE OR THROUGH ANY OTHER COMMUNICATIONS FROM PRACTICE BY NUMBERS.

PRACTICE BY NUMBERS MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OF ANY MEDICAL PROFESSIONAL OR SPECIALIST OR OTHER INFORMATION HEREIN. FURTHERMORE, PRACTICE BY NUMBERS DOES NOT IN ANY WAY ENDORSE ANY INDIVIDUAL OR HEALTHCARE ORGANIZATION DESCRIBED HEREIN. IN NO EVENT WILL PRACTICE BY NUMBERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. PRACTICE BY NUMBERS WILL NOT BE LIABLE FOR THE ACTIONS OR INACTIONS OF ANY MEDICAL PROFESSIONAL OR SPECIALIST, WHETHER LISTED ON THIS SITE OR NOT.

Practice by Numbers strongly advises, and you agree that you will perform your own investigation prior to selecting a health care professional by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular health care professional, doctor, dentist or other health care provider (collectively, “Provider”) by confirming with the Provider’s office, your current Provider, the medical association relative to the Provider’s specialty and your state medical board.

• Access to and Use of the Service.

These Patient Terms, which include Practice by Numbers’ Privacy Policy and any other documents they expressly incorporate by reference, govern your access to and use of the Service, including any content, functionality and services offered on or through www.practicenumbers.com (the “Website(s)”). As a User, you will have access to the Software and materials made available through the Service by Practice by Numbers.

This Service is offered and available only to users who are over 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Service, you represent and warrant that you are of legal age to form a binding contract with Practice by Numbers and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

IF YOU USE THE SERVICE ON BEHALF OF ANY PERSON UNDER THE AGE OF 13 AND PROVIDE SUCH CHILD’S PERSONAL DATA TO PRACTICE BY NUMBERS, YOU MUST BE THE PARENT OR GUARDIAN OF SUCH MINOR CHILD, OR HAVE THE REQUIRED CONSENT FROM THE CHILD’S PARENT OR GUARDIAN TO PROVIDE THE CHILD’S PERSONAL DATA TO PRACTICE BY NUMBERS AND AUTHORIZE PRACTICE BY NUMBERS TO PROCESS THE PERSONAL DATA OF SUCH MINOR. WE REQUIRE THE CUSTOMER TO OBTAIN THE REQUISITE CONSENT FROM THE PARENT OR GUARDIAN OF THE MINOR. YOU HEREBY REPRESENT TO PRACTICE BY NUMBERS THAT YOU ARE THE PARENT OR GUARDIAN OF ANY CHILD WHOSE PERSONAL DATA WILL BE INPUT INTO THE SERVICE, OR THAT YOU HAVE THEIR CONSENT TO DO SO. CHILDREN UNDER AGE 13 MAY NOT USE THE SERVICE WITHOUT THEIR PARENT’S OR GUARDIAN’S AUTHORIZATION.

• Important Information About the Service.

In connection with using the Service and Website, you acknowledge and agree that:

1. Practice by Numbers only lists Providers who have paid a fee and signed a contractual agreement with Practice by Numbers. 

• Practice by Numbers will provide you with lists of Providers who have stated that they are suitable to deliver the health care service that you are seeking based solely on information that you provide to Practice by Numbers and based on your user settings. However, Practice by Numbers does not recommend or endorse any Provider and does not make any representations or warranties with respect to these Providers or the quality of the healthcare services they may provide. Nor does Practice by Numbers investigate any Provider to determine whether they hold active medical licenses or certifications necessary to practice any specialty or services.  YOU ARE SOLELY RESPONSIBLE FOR CHOOSING YOUR OWN PROVIDER. 

• Practice by Numbers may provide an online appointment booking service to you as part of the Service. However, Practice by Numbers has no control over, and cannot guarantee the availability of, any Provider at any particular time. Practice by Numbers will not be liable to you for cancelled, mistakenly scheduled, mistakenly not scheduled, or otherwise unfulfilled appointments or any injury resulting therefrom.

• The Service and/or Practice by Numbers’ other services for Providers may include a feature for patients (or their parents or guardians) to make payments to Providers, or may otherwise be involved in facilitating payments by patients to Provider. By using services to pay a Provider, you accept the payment terms as agreed to by the Provider and Practice by Numbers, including any payment terms set forth in the Customer Terms of Service on the Website.  

• If you elect to enter information into any form made available by Practice by Numbers (each, a “Form”) on behalf of yourself or a third party from whom you have received authorization to provide such information, on your request you authorize Practice by Numbers to provide such information to the Provider you specify. You also acknowledge and agree that such information will be reviewed and approved by you or someone authorized on your behalf at the time of your appointment to ensure its accuracy. Further, you acknowledge that Practice by Numbers may use the data or information you provide on any Form in accordance with these Patient Terms.

• If you elect to enter information into a webchat feature provided by Practice by Numbers (“Webchat”) on behalf of yourself or a third party from whom you have received authorization to provide such information, you authorize Practice by Numbers to provide such information to the Provider on whose website the webchat portal is made available. You acknowledge that Practice by Numbers may use the date or information you provide via a Webchat in accordance with these Patient Terms.

• You will be solely responsible for the payment of any fees required by any Provider with which you schedule an appointment, including, but not limited to, fees for a missed appointment.
  • You are solely responsible for all use of the Service, including any use of the Service with your username and password by others.

• Reliance on Information Posted.
  • General. The information presented on or through the Service and Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Service or Website, or by anyone who may be informed of any of its contents. The Service and Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, other than the content we provide, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Practice by Numbers. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
  • Information on Providers. Provider and practice information found on or through the Service and Website is intended for general reference purposes only. Provider information found on or through the Service and Website is self-reported by the Provider and/or the Provider’s staff and is not confirmed by Practice by Numbers. This information often changes frequently and may become out of date or inaccurate. Neither the Service, Website nor Practice by Numbers provides any advice or qualification certification for or about any Provider. You must independently verify any information to ensure it is accurate and up to date.
  • Information on Appointment Booking. Information about appointment booking and availability found on or through the Service and Website is self-reported by the Provider and/or the Provider’s staff and is not confirmed by Practice by Numbers. This information often changes frequently and may become out of date or inaccurate. Neither the Service, Website nor Practice by Numbers provides any representations or warranties regarding information about appointment booking or availability. You must independently verify any information about appointment booking and availability to ensure it is accurate and up to date.
  • Information on Forms. Practice by Numbers does not warrant the usefulness or applicability of any Form to you or your particular situation. You must independently verify any information about Forms, including without limitation their applicability to you, with your healthcare provider, insurer, or other third parties.
  • Procedure and Product Information and Services. The procedures, products, services and devices discussed and/or advertised on the Service and Website are not applicable to all individuals, patients, or all clinical situations. Practice by Numbers makes no claims as to the effectiveness of any such procedures, products, services or devices. Any products and/or services represented on or through the Service or Website by advertisers, sponsors, other Service users, either paid or unpaid, or by Providers or other sources are included for your awareness and do not imply that they are appropriate for any particular individual or prediction of effectiveness, outcome or success.
• Personal Information and Privacy.

To operate the Service and Website as intended, Practice by Numbers collects and processes personal data. Please refer to Practice by Numbers’ Privacy Policy, which is incorporated by reference into these Patient Terms, and informs users of our policies and practices related to collection, storage, processing, destruction, and other use of your personal data. You understand and agree that no data transmissions over the internet can be guaranteed to be fully secure and that Practice by Numbers cannot ensure or warrant the security of any information transmitted to us.

If you choose, or you are provided with, a username, password or any other piece of information as part of Practice by Numbers’ security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree to immediately notify Practice by Numbers of any unauthorized use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Practice by Numbers has the right to disable any user identification code or password, whether chosen by you or provided by Practice by Numbers, at any time, in Practice by Numbers’ sole discretion for any or no reason, including, if in Practice by Numbers’ opinion, you have failed to comply with any provision of these Patient Terms.

The Service tracks metadata and other usage data related to your and other users’ use of the Service (“Usage Data”) and shares such data with Practice by Numbers. Practice by Numbers shall own such Usage Data, other than the personal data incorporated therein. You agree that Practice by Numbers has the perpetual right to collect, aggregate, use, distribute and sell such Usage Data for any legal purpose, including without limitation for the purposes of providing services and improving the Service and Practice by Numbers’ products and services generally. Practice by Numbers may retain and use Usage Data permanently. To the extent such Usage Data contains any individually identifiable data or personal data, Practice by Numbers shall not sell or otherwise provide such Usage Data to any third party unless the data been anonymized (e.g., no name or address attached to the particular data) and/or aggregated with other users’ data, so that it is not identifiable as to any particular person. Notwithstanding the foregoing, Practice by Numbers may share Usage Data in its original form as necessary or appropriate to provide services to you or to comply with its legal obligations.

• Modification to Service.

We reserve the right to withdraw or modify the Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

• Intellectual Property Rights.

The Service, Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Practice by Numbers, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Patient Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Service or Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. 
• You may store files that are automatically cached by your Web browser for display enhancement purposes. 
• You may print or download one copy of a reasonable number of pages of the Service or Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. 
• If Practice by Numbers provides desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. 
• If we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from the Service or Website. 
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. 
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Service or Website. 
• Access or use for any commercial purposes any part of the Service or Website or any services or materials available through them.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service or Website in breach of the Patient Terms, your right to use the Service and Website 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 Service or Website or any of their content is transferred to you. All rights not expressly granted are reserved by Practice by Numbers. Any use of the Service or Website not expressly permitted by these Patient Terms is a breach of these Patient Terms and may violate copyright, trademark and other laws.

• Prohibited Uses.

You may use the Service and Website only for lawful purposes and in accordance with these Patient Terms. You agree not to use the Service or Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. 
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in Section 11 of these Patient Terms. 
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation. 
• To impersonate or attempt to impersonate Practice by Numbers, a Practice by Numbers employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing). 
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Practice by Numbers or users of the Service or expose them to liability.

Additionally, you agree not to:

• Copy (except as otherwise expressly permitted herein), modify, adapt, translate, or reverse engineer the Service or any portion of the Website, its content, information, or materials.
• Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
• Use any robot, spider or other automatic device, process or means to access the Service or Website for any purpose, including monitoring or copying any of the material on the Service or Website.
• Use any device, software or routine that interferes with the proper working of the Service or Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service or Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. 
• Misuse the Service by scheduling an appointment with a Provider which you have no intention of keeping.
• Create user accounts by automated means or under false or fraudulent pretenses. 
• Otherwise attempt to interfere with the proper working of the Service or Website.

Practice by Numbers will determine, in its sole discretion, whether you have engaged in prohibited conduct or have violated these Patient Terms. Practice by Numbers’ determination will be final and unreviewable, and you waive any and all rights you may have to challenge that decision.

• User Feedback, Comments, and/or Contributions.

The Service and/or Website may contain user reviews and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”). “User Contributions” does not include any individual’s personal data, personal health information or financial information.

All User Contributions must comply with the Content Standards set out in Section 11 of these Patient Terms. Further, you must act responsibly when providing User Contributions. Do not post any information that another user, Provider, or any other individual or entity may use to identify you.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, reproduce, modify, publicly perform, publicly display, distribute and otherwise disclose to third parties any such material for any purpose and to make adapt, edit, translate, prepare derivative works of, or incorporate into other works, your User Contribution. This license is non-exclusive, except you agree that Practice by Numbers will have the exclusive right to practice this license to the extent of combining your User Contribution with the User Contributions of other Website users for any reason.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Practice by Numbers and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. 
• All of your User Contributions do and will comply with these Patient Terms. 
• You understand and acknowledge that you are solely responsible for any User Contributions you submit or contribute or User Contributions submitted using your account, and you, not Practice by Numbers, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Service or Website.

1. Monitoring and Enforcement; Termination

We have the right, but not the obligation, to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion. 
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Patient Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of other users or the public, or could create liability for Practice by Numbers. 
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. 
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service or Website. 
• Terminate or suspend your access to all or part of the Service, without notice, for any or no reason, including without limitation, any violation of these Patient Terms. 
• Terminate and/or suspend your registration, without notice, for any or no reason, including without limitation, any violation of these Patient Terms.

Practice by Numbers will not be liable to you or any third party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after any such termination. Any provision in these Patient Terms that, by its nature, should survive termination or expiration of these Patient Terms, will survive any expiration or termination of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service or Website.

We cannot and do not undertake to review any or all material before it is posted on the Service or Website. While we will use reasonable efforts to respond in a timely manner regarding complaints about objectionable matter posted on the Service or Website, we cannot guarantee the timing of the removal of such material. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section, except for our gross negligence or willful misconduct.

2. Content Standards

These content standards apply to any and all User Contributions and use of our Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is false, misleading, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. 
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. 

• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person. 

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Patient Terms. 

• Be likely to deceive any person. 

• Promote any illegal activity, or advocate, promote or assist any unlawful act. 

• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person. 

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 

• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising. 

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

If you believe that any User Contributions violate your copyright, please see Section 22 regarding copyright disputes for instructions on sending us a notice of copyright infringement. It is the policy of Practice by Numbers to terminate the user accounts of repeat infringers.

3. Changes to the Service and Website

You acknowledge and agree that the Service, Website, Software and other materials that may be made available as part of the Service may be modified and updated from time to time, in Practice by Numbers’ sole discretion. Practice by Numbers does not make any commitment to you that it will maintain any particular Software, features or materials on the Service. We do not warrant or guarantee the content of the Service or Website is complete or up-to-date. Any of the material on the Service or Website may be out of date at any given time, and we are under no obligation to update such material.

Additional terms and conditions may also apply to specific portions, services or features of the Service or Website. Those additional terms will govern your use of the particular Service to which the additional terms apply. By using the particular Service to which the additional terms apply, you agree to the additional terms. If you do not agree to the additional terms, then you must not use the Service to which the additional terms apply. All such additional terms and conditions are hereby incorporated by this reference into these Patient Terms. In the event of an irreconcilable difference between the additional terms and these Patient Terms, the additional terms will apply.

4. Geographic Restrictions; Legal Compliance with Export Laws

The owner of the Service and Website is based in the state of Washington in the United States. Practice by Numbers provides the Service and Website for use only by persons located in the United States. Practice by Numbers makes no claims that the Service, Website or any of their content is accessible or appropriate outside of the United States. Access to the Service or Website may not be legal by certain persons or in certain countries. If you access the Service or Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

5. Disclaimer of Warranties

THE SERVICE, SOFTWARE AND WEBSITE ARE PROVIDED “AS IS.” PRACTICE BY NUMBERS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THIS DISCLAIMER SHALL NOT BE MODIFIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE. PRACTICE BY NUMBERS DOES NOT WARRANT THAT THE SERVICE OR SOFTWARE IS ENTIRELY ERROR-FREE.

6. Limitation on Liability

PRACTICE BY NUMBERS’S TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE ARISING OUT OF THESE PATIENT TERMS, INCLUDING ANY USE OF OR INABILITY TO USE THE SERVICE, SOFTWARE OR WEBSITE, SHALL BE LIMITED TO DIRECT DAMAGES, WHICH SHALL NOT EXCEED THE TOTAL AGGREGATE AMOUNT OF $100.00. IN NO EVENT SHALL PRACTICE BY NUMBERS BE LIABLE FOR ANY LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, SOFTWARE OR WEBSITE, REGARDLESS OF WHETHER PRACTICE BY NUMBERS HAS NOTICE OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Some jurisdictions prohibit certain limitations of damages in consumer contracts, so the above limitations may be superseded by law in some jurisdictions.

7. Indemnification

You agree to defend, indemnify and hold harmless Practice by Numbers, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Patient Terms or your use of the Service or Website, including, but not limited to, your User Contributions, any use of the Service’s or Website’s content, the services and products offered on or through the Website, or your use of any information obtained from the Service or Website, or the violation of any intellectual property or other right of any person or entity, by your or any third party using your registration information. The foregoing indemnification obligation does not apply to liabilities, claims, and expenses arising as a result of our own gross negligence or intentional misconduct.

8. Governing Law and Jurisdiction

All matters relating to the Service, the Website and these Patient Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Patient Terms or the Website will be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, in each case located in Seattle, Washington, although we retain the right to bring any suit, action or proceeding against you for breach of these Patient Terms in your state of residence or any other relevant state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

9. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE PATIENT TERMS, THE SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

10. Waiver and Severability

No waiver by Practice by Numbers of any term or condition set forth in these Patient Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Practice by Numbers to assert a right or provision under these Patient Terms will not constitute a waiver of such right or provision.

If any provision of these Patient Terms is held by a court, or other tribunal of competent jurisdiction, to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Patient Terms will continue in full force and effect.

11. Entire Agreement

These Patient Terms constitute the sole and entire agreement between you and Practice by Numbers with respect to the Service and Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service and Website.

12. Copyright Disputes

We respect the intellectual property rights of others and we expect our users to do the same. If you believe any materials or content on the Service or Website are infringing, please notify us. We will respond to such notices, consistent with the Digital Millennium Copyright Act and other applicable laws. It is Practice by Numbers’ policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue Service to repeat offenders.

Practice by Numbers’ designated agent to receive any notification under this section is:

Practice by Numbers, Inc.

11523 Avondale Rd NE, Ste 115

Redmond, WA 98052

Or email to support@practicenumbers.com

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8. Assignment

Practice by Numbers may assign the Patient Terms or any or all of its obligations under these Patient Terms at any time with no notice to you. You may not assign, transfer, or sublicense these Patient Terms or any of your obligations under these Patient Terms and any attempt to do so in violation of this section will be null and void.

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Your Comments and Concerns

The Service and Website are operated by Practice by Numbers, Inc., 11523 Avondale Rd NE, Ste 115, Redmond, WA 98052.

All other feedback, comments, requests for technical support and other communications relating to the Service or Website should be directed to:

support@practicenumbers.com