terms & conditions

THIS DOCUMENT CONCERNS YOUR RIGHTS AND OBLIGATIONS, AS WELL AS ANY CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

Last updated: January 22, 2025

GENERAL

Neuday LLC and its affiliates and subsidiaries (“Organization,” “we,” “us” or “our”) make available, as a convenience to you, our websites and mobile applications, which contain information and interactive tools, including, but not limited to, information about our facilities, services, healthcare providers, healthcare topics and events, as well as tools for online appointment scheduling, registration, payment and conversational AI (collectively, including any new websites, features and applications, the “Sites”).

The following Terms of Use set forth the general rules and policies governing your use of the Sites, and the Website Privacy Policy provides information about how we (and our third-party service providers on our behalf) collect, store, use, share and protect the information we collect from your use of the Sites. The Terms of Use and Website Privacy Policy are referred to collectively herein as the “Terms.” BY ACCESSING THE SITES, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND YOU AGREE TO ABIDE BY THESE TERMS. Depending on your activities when visiting the Sites, you may be required to agree to additional terms and conditions. If you do not agree to be bound by these Terms or such additional terms and conditions (as applicable), please do not access or use the Sites.

We may, at our sole discretion, modify these Terms at any time without notice, so you should review them frequently. Your continued use of the Sites after the date any changes become effective constitutes your acceptance of the then-posted Terms. We have the right to determine whether there has been a violation of the Terms and have the right to determine the action that will be taken in response to a violation, including, but not limited to, legal proceedings

TERMS OF USE

Electronic Communications

The Sites may contain scheduling functionalities and message or communication facilities, such as conversational AI, email, texts or other means of electronic communication. When you visit the Sites or send information to us through the Sites, you are communicating with us electronically, and you consent to receive communications from us electronically. You agree to use electronic communications on the Sites only to post, send, and receive messages and material that are appropriate and related to the intended purpose of the applicable tool or application. You acknowledge and agree that such electronic communications may be recorded or stored by us or our third-party service providers acting on our behalf and will be handled in accordance with these Terms. Additionally, when scheduling with an affiliated entity, you understand that such information may be shared with such affiliate as necessary to provide the function and in accordance with these Terms.

By providing your mobile telephone number to us, you represent that you are the account holder for that phone number, and you agree to receive text messages from us, including messages using automated dialing technology. Such messages may be service-related, such as appointment reminders, or contain information relating to products or services that may be of interest to you. You acknowledge that you may opt out of receiving text (SMS) messages by contacting us directly or by replying STOP to any message you receive from us. You agree to notify us if you change your mobile number. You understand your mobile phone service carrier may charge you for each text message sent or received, in accordance with the terms of your service rate plan.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

We reserve the right to review your use of electronic communications through the Sites and may terminate your access to any such electronic communications functionality at any time without notice and for any reason.

Your User Credentials

Certain tools or areas on the Sites may require you to create an online account that requires registration and logon credentials. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current, and complete. You agree that all information you provide to register with the Sites or otherwise is governed by our Website Privacy Policy and you consent to all actions we take with respect to your information consistent with our Website Privacy Policy. By registering for access to such areas you agree to adequately protect and maintain the security and confidentiality of your username and password and/or any other information (credentials) required for access. You should create username and password credentials that will not be easy to guess, and you agree not to allow any other person to use your credentials. You are responsible for all activities that occur under your credentials. Organization will not be liable for any loss or damage caused by your failure to protect and maintain the security and confidentiality of your credentials. You agree to notify us immediately of any unauthorized access to or use of your credentials or any other breach of security. We have the right to disable any username, password or other credentials, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion you have violated any provision of these Terms.

Links to Third Party Sites/Services

The Sites may provide hyperlinks to other websites, articles, videos, other third-party media or to social media platforms such as LinkedIn or Facebook that are outside the control of Organization (linked sites). These linked sites are made available on the Sites only for your convenience and you, therefore, access them at your own risk. We have no control over these linked sites or services offered on the linked sites. Even if the third party is affiliated with us, we are not responsible for the content of its linked sites and inclusion of a link does not constitute our approval or endorsement of the linked site or any products or services offered on the linked site. Your use of such linked sites is governed by the terms of service and privacy policies of the third-party providers of such websites. As such, we are not responsible for the privacy practices or the content of any such linked sites or liable for the acts or omissions of such third parties. We may gain access to information made available via such linked sites. You are responsible for restricting access to information via linked sites using the available controls on such third-party sites and platforms.

Organization makes no warranties or representations, express or implied, about the accuracy, completeness, currency, relevance, appropriateness, or availability of any linked site, the information contained in them, or any products or services they offer. Under no circumstances will Organization be liable, directly or indirectly, for any damages, losses or harm incurred in connection with your use of a linked site.

Ownership of Sites and Trademarks

We own and reserve all rights to the Sites and our trademarks, logos and tradenames referenced in the Sites. The Sites and all information and content contained therein are protected by contract law and various intellectual property laws. We make the Sites available for your personal, non-commercial use only, subject to all copyright and other proprietary rights, which we expressly retain. Your use of such items for any reason without our written permission is strictly prohibited. All trademarks, logos and tradenames of any third party in websites linked to our Sites are owned by the respective owners of such third-party websites. Nothing in these Terms of Use creates or confers any license or right under any copyright, trademark or other proprietary interest in the Sites or any third party’s linked websites. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the ‘‘Act’’), We reserve the right to terminate your use of the Sites or the information and content contained therein if we determine in our sole and absolute discretion that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.

No Unlawful or Prohibited Use

As a condition of using our Sites, you agree that you will not:

• access or use the Sites for any purpose that is unlawful or that is prohibited by these Terms of Use or in a manner that violates federal, state, local, or international law or regulation, or generally accepted practices or guidelines in relevant jurisdictions (including any laws or regulations regarding the export of data or software to and from the United States or other relevant countries);
• delete, modify, hack, upload files that contain viruses, corrupted files, or other similar software or programs or otherwise attempt to disable, damage, impair or interfere with the proper functioning of the Sites or another person’s computer;
• use the Sites in any manner that could interfere with any other person’s use or enjoyment of the Sites;
• obtain or attempt to obtain unauthorized access to information, documents or materials through the Sites; or
• modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Sites, or any portion thereof (except that your computer or other device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and you may store files that are automatically cached by your web browser for display enhancement purposes);
• use information or materials obtained from the Sites on any other websites or in a networked environment;
• link to, frame or use any trademark, logo or other proprietary information on the Sites without our prior written permission;
• sell, reproduce, display, distribute, or otherwise use information obtained from the Sites in any way for any public or commercial purpose; or
• use the Sites to defame, harass, threaten, or impersonate another person, send unsolicited commercial communications, or otherwise violate the legal rights of any person.

Subject to the restrictions set forth in these Terms, and except for content specifically and expressly made available for redistribution, you may print or download information from the Site only for your personal and other non-commercial use, and not for further reproduction, publication or distribution, provided you keep intact all copyright and other proprietary notices.

The Sites are intended for use by adults and those over the age of 13 with their parent or guardian’s permission. By using our Site, you acknowledge and represent that you are 18 years or older or that you are the parent or guardian of such a minor above the age of 13 and consent to such minor dependent’s use of the Sites. WE DO NOT KNOWINGLY COLLECT OR SOLICIT DATA FROM OR MARKET TO CHILDREN UNDER 13 YEARS OF AGE. If we learn that personal information from users less than 13 years of age has been collected via the Sites, we will take reasonable measures to promptly delete such data from our records. If you become aware of any data that we may have collected via the Sites from children under age 13, please contact us as provided in the “Questions and Comments” Section at the end of these Terms.

You are solely responsible for obtaining the personal computers, other electronic devices, and internet service you use to access the Sites. Download speeds, the appearance of content, and the quality of your experience on the Sites may vary depending on the software, equipment and internet connections you use.

You are solely responsible for the privacy and security of any information that you download or otherwise store on the personal computer or other electronic device you use to access the Sites. You agree to take reasonable steps to safeguard such computers and devices, i.e., by logging off the Sites when you are finished using them, not leaving your screen unattended while using the Sites, not using the Sites where others can see your screen, maintaining and using industry standard anti-virus software, etc. We will not be responsible for any damages as a result of your breach of these obligations.

YOUR USE OF THE SITES DOES NOT CREATE A HEALTH CARE PROVIDER/ PATIENT RELATIONSHIP. THE TOOLS, INFORMATION AND MATERIALS POSTED ON OR AVAILABLE THROUGH THE SITES DO NOT CONSTITUTE MEDICAL ADVICE AND ARE NOT A SUBSTITUTE FOR DIAGNOSTIC SERVICES OR MEDICAL ADVICE. SUCH TOOLS AND INFORMATION ARE PROVIDED FOR EDUCATIONAL PURPOSES OR FOR PURPOSES OF MAKING INFORMATION ABOUT PROVIDERS, HEALTHCARE SERVICES AND POINT OF CARE OPTIONS AVAILABLE AS A CONVENIENCE TO YOU. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE.

USE OF THE SITES IS NOT APPROPRIATE FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR HEALTH OR TREATMENT, CALL OR VISIT YOUR HEALTH CARE PROVIDER.

You agree to defend, indemnify, and hold harmless the Organization, 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 Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

Organization maintains the Sites from its location in the State of Texas in the United States of America. The Sites are currently intended for use by persons in such jurisdictions and not persons in any “Member States” of the European Union. We do not seek “Personal Data” subject to the General Data Protection Regulation. These Terms will be governed by the laws of the State of Texas, without regard to its conflicts of laws principles, and the United States of America. Any claims or disputes shall be subject to the jurisdiction of the federal and state courts in Dallas county, Texas. You waive all jurisdictional and venues defenses and consent to the persona jurisdiction of said courts.

The Sites should not be used outside of the United States. Use of or access to the Sites may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction and any jurisdiction from which you access or use the Sites. We make no representations that the information on the Sites is appropriate or available for use outside of the United States.

The Terms will take effect at the time you begin using the Sites. Organization reserves the right, with or without notice, at any time, and for any reason to deny you access to the Sites or to any portion thereof, and to terminate the Terms.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

The failure to exercise or enforce any right or provision in the Terms will not constitute a waiver of such right or provision. No waiver of any of the Terms will be deemed a further or continuing waiver of such term or any other term.