Online Terms of Service
Last updated: January 1, 2021. For previous Terms, please click HERE.
Welcome to Ciitizen! This document contains the legal terms of service for your use of our website and services. Please read the Terms, as they specify your complete ownership of your health records, our rights to use the underlying data to provide the services to you, the rules to follow when you use the services, how to handle any dispute between us, and more.
Ciitizen Corporation, (“Ciitizen,” “we,” “us,” “our”) provides its services to you through its website located at www.ciitizen.com (the “Site”) and other technologies (collectively, the “Service”), subject to the following terms (as amended from time to time, the “Terms”). By using or accessing the Service, you are agreeing to these Terms and to comply with the Ciitizen Community Rules. If you use the Service on behalf of a company or other entity, then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
Table of Contents
- 1. Access to Your Records
- 2. Your Ownership of our Records & Ciitizen’s Intellectual Property Rights
- 3.Conditions to Use the Ciitizen Service
- 4. Communications between You and Ciitizen
- 5. How to Resolve a Dispute
- 6. What Happens at Termination
- 7. Modifications, Warranties, Limitations of Liability
- 8. Indemnity and Release
- 9. Fair Credit Reporting Act
- 10. California Residents
- 11. General
- 12. Contact Us
1. Access to Your Records
Summary: Ciitizen provides a technology service enabling you to: collect your health records and information through the HIPAA right of access, organize and understand the data, and share the data with doctors and researchers when you choose. Please note that Service does not include providing medical advice, and Ciitizen is not responsible for the completeness or accuracy of your health records.
Description.The Service is a technology platform that (i) allows you to request access to copies of your historical health information and records (“Health Records”) through the “right of access” granted under the Health Insurance Portability and Accountability Act (“HIPAA”), as well as through online portal accounts made available to you by some health care providers or health plans and other processes (see “Records Collection” section below), (ii) asks patients to directly input information about your health, such as information about how you’re feeling or pain management, (iii) aggregates and standardizes (to the extent possible) such Health Records, transforms them into digital data (what we call “Refined Health Information”) and analyzes for potential uses, (iv) allows you to decide whether and how to use and disclose any such Health Records and Refined Health Information to third parties, including caregivers, medical professionals, and researchers, and (v) allows users to post content and interact with other users.
Records Collection. As part of the Service, Ciitizen collects your Health Records on your behalf and populates them in your Ciitizen account. We find your Health Records using one or more of the following processes: (i) Asking you to identify the medical providers and institutions where you have received care; (ii) Asking you to identify the health plans that have provided you with health insurance; (iii) Having you connect Ciitizen to the online portal hosted by your healthcare provider(s) or health plan(s) (you will need to enter your portal credentials (your portal username and password)); (iv) Sending a request for your medical records to networks – commonly known as health information exchanges or HIEs – that are used by doctors and hospitals to share medical record information for treatment purposes; (v) Sending a request for your records to another medical provider that is identified in your medical records (for example, sending a request for a copy of a lab test result from the laboratory identified in the doctor’s medical record); and (vi) you can also choose to obtain your own records and upload them into your Ciitizen account.
User Consent. You will have an opportunity to choose whether Ciitizen sends a request for your records. By obtaining your Health Records via our Service, you authorize Ciitizen to fill in and transmit whatever documentation is needed – and, in the case of an online portal provided by your healthcare provider or your health plan, to log into that portal to obtain your records, subject to you providing the credentials (username and password). As needed, Ciitizen will review your Health Records to find other facilities you may have visited and submit documentation from you (such as a copy of your driver’s license and signature) when collecting records from health care providers or health plans (or vendors working on their behalf). Ciitizen will store and process the information provided by you and any Health Records collected from third parties in order to provide the Service.
Important Notes about Health Records and the Service:
- You represent and warrant that you own all rights, title and interest in and to the Health Records collected from third parties and any data you provide to us (including any and all intellectual property rights therein), subject to Ciitizen’s rights as set forth below.
- You acknowledge there may be delays in record request processing from your health providers and health plans. Indeed, Ciitizen also may not be able to obtain some or all of your Health Records, and we cannot guarantee or assume any responsibility or liability for the completeness, timeliness, accuracy, deletion, or non-delivery of any Health Records.
- Health Records are copies of documents from health care providers or health plans accessed through your HIPAA “right of access” will be “read only” and cannot be altered. If you believe any information in your Health Records is inaccurate, it is your responsibility to address this issue with the relevant health care provider(s) or health plan(s).
- Ciitizen has no control over the completeness, validity, consistency, or accuracy of any content provided (or lack of such) by you or others (such as hospitals, other health care providers, or health plans). You rely on any information provided by Ciitizen, or third parties working on behalf of Ciitizen to provide the Service, solely at your own risk.
- You may discover unanticipated or incidental findings contained in your Health Records when you use our Service. Ciitizen does not interpret your records; it is your responsibility to address this issue with your healthcare provider or health plan.
- Ciitizen is also not responsible for the way in which data is displayed on the Site or through the Service, as this may be impacted by the nature and form of the Health Records that Ciitizen receives from you or on your behalf.
- When you agree to share your Health Records or Refined Health Information with a third party (for example, a medical professional or a researcher), you acquire no rights in any research or commercial products developed by us or our collaborators and will receive no compensation related to any such research or product development unless explicitly described to you.
- Not Medical Advice. THE SERVICE, INCLUDING ALL OF THE MATERIAL AND INFORMATION MADE AVAILABLE THROUGH THE SERVICE, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE OR TREATMENT. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. The Service is not a substitute for professional medical advice; never disregard professional medical advice or delay in seeking it because of something made available through the Service. If you think you may have a medical emergency, call your doctor or 911 immediately. Ciitizen does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Service.
2. Your Ownership of our Records & Ciitizen’s Intellectual Property Rights
Summary: You own your Content and Health Records and grant Ciitizen the right to use such records and information to provide the Service as described in this document. Likewise, Ciitizen owns its website, the Service and other intellectual property and grants you a right to use each as described in this document. For any copyright claims, please follow the instructions below.
Your Ownership of Your Content and Your Health Records. You maintain your ownership of all Health Records, documents, and other materials you upload (or uploaded on your behalf by Ciitizen leveraging your HIPAA right of access) or share through the Service (the “Content”). You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for your Health Records and Content. You agree that your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. As a condition of your use of the Service, you grant us a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicenseable license to access, use, store, reproduce, transmit, display, modify and adapt and create derivative works (either alone or as part of a collective work) from your Content and Health Records.
Ciitizen Owns its Service, Trademarks and Work Product. Just as you own your Health Records and Content, Ciitizen owns its website, Service and work product, including the “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws (collectively, other than your Health Records and Content, the “Ciitizen Content”). The Ciitizen name and logos and all related names, logos, product and service names, designs and slogans are trademarks and service marks of Ciitizen or its affiliates or licensors (collectively the “Ciitizen Trademarks”). Other names, logos, product and service names, designs and slogans that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Ciitizen Trademarks without our prior written permission in each instance. All goodwill generated from the use of Ciitizen Trademarks will inure to our exclusive benefit.
We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You agree that any contribution of Feedback provided by you to Ciitizen is non-confidential and becomes the property of Ciitizen. To be clear, Ciitizen may use and disclose Feedback in any manner and for any purpose whatsoever without notice or compensation to you and without retention by you of any proprietary or other right or claim.
License Grant. Subject to your compliance with these Terms, Ciitizen hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to (a) use the software provided to you as part of the Service and (b) any Refined Health Information for your personal health use only. The software license has the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by us, in the manner permitted by these Terms and subject to the use restrictions described below. We and our licensors reserve all rights in connection with the Service and its content (other than your Content), including, without limitation, any Refined Health Information or the exclusive right to create derivative works. You agree that Ciitizen and/or its licensors own all right, title and interest in and to the Ciitizen Content and the Service (including any and all intellectual property rights therein). You agree not to take any action(s) inconsistent with such ownership interests.
Third Party Material. Ciitizen collects data and information from various sources, usually from official record sources, including health care providers, hospitals and others, which may contain personal information relating to you. We may also receive information about you from third parties. For example, we may supplement the data we collect with demographic information licensed from third parties in order to personalize the Service and our offers to you. Ciitizen is not responsible or liable for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Ciitizen does not pre-screen Content, but that Ciitizen and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Ciitizen and its designees will have the right to remove any content that violates these Terms or is deemed by Ciitizen, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Copyright Complaints. Ciitizen respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please read the Ciitizen Copyright Policy.
3. Conditions to Use the Ciitizen Service
Summary: You must register and login to use our Service and you are responsible for protecting your account user credentials. You are solely responsible for any content you create via the Service. Certain types of user-created content and conduct (as set forth below) are strictly prohibited. Ciitizen can take appropriate action – including legal action – where you are in violation of these Terms. You agree that the Service is for your personal, non commercial, use only.
Your Registration Obligations. To use the Service, you must reside in the United States or any of its territories. If you are under 18 years of age, you are not authorized to use the Service, with or without registering, unless your parent or guardian accepts these Terms on your behalf prior to use of the Service.
You are solely responsible for maintaining the confidentiality and security of your Ciitizen username, password and other account information, and are fully responsible for any and all activities that occur under your account. You can access, edit and update your account via the www.ciitizen.com. You agree to (a) immediately notify Ciitizen at firstname.lastname@example.org of any unauthorized use of your password or account or any other breach of security including unauthorized disclosure of your username and/or password and (b) ensure that you log out of your account at the end of each session when accessing the Service. Ciitizen is not liable for any acts or omissions by you in connection with your account. We are not liable for any loss or damage arising from your failure to comply with this Section.
User Conduct. To use the Ciitizen Service, you agree to the following:
- You must comply with the Ciitizen Community Rules;
- You must comply with all applicable laws;
- You will only provide Ciitizen with images, information, data, photographs, graphics, messages or other materials (“Content”) to which you have the appropriate rights and that you are solely responsible for at all times.
- The Service is for your personal use only. Unless otherwise expressly authorized herein, you agree not to distribute, license, publish, reproduce, create derivative works from, sell or transfer for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
- You will not attempt to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, including with bots, crawlers, spiders, data miners, scraping, or other automatic access tools.
- You will not export or re-export, directly or indirectly, the Service and/or other information or materials provided by Ciitizen hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List.
- You agree that you are solely responsible for all usage and activity on the Service made via your account and for your interactions with any other user in connection with the Service.
You acknowledge that Ciitizen may investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms or act inconsistently with the letter or spirit of these Terms or the Ciitizen Community Rules, including without limitation, removing the offending Content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
4. Communications between You and Ciitizen
Summary: We will need to contact you occasionally to provide you information about your account, Content or Health Records as well as to give you more information about special offers and other opportunities. If you agree, we will send you text/SMS messages. You can opt out at any time.
By accessing and using the Service, you agree that we may collect, use and disclose certain information about you, either provided directly by you or other parties, such as our service providers, or your friends who invite you to the Service. We may use this information to contact you (via the website, Service, phone, electronic mail, physical mail or otherwise) for the purpose of informing you of changes or additions to the Service, or of any related products and services (any such contact is a “Message”). You agree that any Message that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Some Messages you may receive are via your telephone. For example, you may receive text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the Service. For calls or text messages to the cellular phone number you provide, by agreeing to these Terms and by providing consent when asked, you authorize Ciitizen to send texts or calls to your phone using an autodialer or a prerecorded voice. We may also offer you the opportunity to invite your friends or contacts to use Service. You may invite one or more of your friends or contacts using text messaging (SMS), email, Facebook and other forms of communications. Depending on your phone’s functionality, we may suggest content for the message and you can edit that suggested content. If you choose to send invitations, you represent to Ciitizen that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited, and that you made the active choice to send these invitations. In general, you have control over the settings for types of Messages and can opt in or out of these via the Service or through the phone’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Ciitizen is not responsible or liable for sending any invitation messages; these are expressly sent by you should you choose to make invitations. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.
5. How to Resolve a Dispute
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Summary: We hope there is never a dispute between you and Ciitizen. But if you feel we have violated these Terms in any way, please review and follow the information below.
Contact us first. Ciitizen is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing support at email@example.com. If this fails to resolve the issue, then please contact Ciitizen’s legal department at firstname.lastname@example.org.
Agreement to Arbitrate. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Ciitizen should be sent to Ciitizen Corporation, 3000 El Camino Real, 3 Palo Alto Square, Suite 120, Palo Alto, California, 94306 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Ciitizen and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Ciitizen may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Ciitizen or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Ciitizen is entitled.
You agree that any and all disputes or claims that have arisen or may arise between you and Ciitizen, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Service, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Ciitizen are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND CIITIZEN AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CIITIZEN AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Arbitration Procedures. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Ciitizen’s services and/or products, including the Service, will be resolved by arbitration. You and the Ciitizen agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Ciitizen are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Ciitizen will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis. An arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $75,000, Ciitizen will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
Confidentiality & Severability. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.
Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to email@example.com or to the U.S. mailing address listed at the bottom of this Agreement. The notice must be sent to Ciitizen within thirty (30) days of your registering to use the Service or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Ciitizen also will not be bound by them.
6. What Happens at Termination
Summary: The Terms will continue to apply until terminated by either you or Ciitizen as set out in this Section.
If you want to terminate your legal agreement with Ciitizen, you may do so by deleting your Ciitizen account and Health Records – email us at firstname.lastname@example.org. Once you submit your request, we will confirm and process your request to delete your data. Thereafter, you will no longer be able to log into an account.
Ciitizen may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the Terms (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms); (2) Ciitizen is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom Ciitizen offered the Services to you has terminated its relationship with Ciitizen or ceased to offer the Services to you; (4) Ciitizen is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by Ciitizen is, in Ciitizen’s opinion, no longer commercially viable. In the event of such termination, where possible, Ciitizen will inform you in advance and will provide you with a reasonable opportunity (at least 30 calendar days) to download your Health Records and other Content.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Ciitizen shall not be liable to you or any third party for any termination of your access to the Services. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Ciitizen or you.
7. Modifications, Warranties, Limitations of Liability
Summary: Except as expressly stated, the Service provided by Ciitizen is “as is” and without warranties. Ciitizen is not be liable for certain types of damages resulting from certain types of claims as described herein.
Modifications to Service. Ciitizen reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Ciitizen will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service; provided that if we discontinue the Service, we will use our best efforts to permit you to export any Health Records and Content maintained by us for a period of thirty (30) days from when the Service is discontinued.
General Practices Regarding Use and Storage.You acknowledge that Ciitizen may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Health Records, data or other Content will be retained by the Service and the maximum storage space that will be allotted on Ciitizen’s servers on your behalf. You acknowledge that Ciitizen reserves the right, in our sole discretion, to terminate accounts that are inactive for an extended period of time; provided that Ciitizen has provided you with at least thirty (30) days’ prior notice to the e-mail or telephone number associated with your account.
Your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Ciitizen, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Ciitizen Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Without limiting any of the foregoing, the Ciitizen Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Service; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service; (c) the operation or compatibility of the Service with any other application or any particular system or device; (d) whether the Service will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, your Content and other communications maintained by the Service. No advice or information, whether oral or written, obtained from Ciitizen Entities or through the Service, will create any warranty or representation not expressly made herein.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties. Accordingly, some of the disclaimers set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the Service or with these Terms, your sole and exclusive remedy is to discontinue use of the Service
If you are a user from New Jersey, the foregoing section titled “Disclaimer of Warranties” is intended to be only as broad as is permitted under the laws of the State of New Jersey. If any portion of this section is held to be invalid under the laws of the State of New Jersey, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable section.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL CIITIZEN BE LIABLE (A) FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICE OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF CIITIZEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. CIITIZEN’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID CIITIZEN, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICE (OR PRODUCTS PURCHASED ON THE SERVICE) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the Service or with these Terms, your sole and exclusive remedy is to discontinue use of the Service.
If you are a user from New Jersey, the foregoing section titled “Limitation of Liability” is intended to be only as broad as is permitted under the laws of the State of New Jersey. If any portion of this section is held to be invalid under the laws of the State of New Jersey, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable section.
Summary: You agree to indemnify and hold Ciitizen and its affiliates, employees, and agents harmless from any losses arising out of your use of the Service, or User Content ,or your violation of these Terms or violation of another’s rights.
By entering into these Terms and using the Service, you agree to indemnify and hold Ciitizen and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, liability and expenses (including reasonable attorneys’ fees), rights, claims, costs, actions of any kind and injury arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the Service; (d) your Content, or (e) your negligence or willful misconduct.
9. Fair Credit Reporting Act
Summary: We forbid anyone from using any of the data herein for credit, employment, insurance and other evaluations.
Fair Credit Reporting Act: Ciitizen is not a consumer reporting agency as defined in the Fair Credit Reporting Act (“FCRA”), and the information that you can access on the Service has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. YOU SHALL NOT USE THE SERVICE AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL’S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING BUT NOT LIMITED TO EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, LEASING AN APARTMENT).
10. California Residents
Summary: California law includes specific rules and obligations described below.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210. In addition, California Civil Code Section 1798.83, known as the “Shine the Light” law, permits Users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for their direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Please know that Ciitizen does not share any personal information with third parties for their own direct marketing purposes. Send any such request to email@example.com.
Summary: These terms constitute the entire agreement between you and Ciitizen and are governed by the laws of the State of California. We may notify you of any changes to the terms by displaying notices within the Service.
These Terms will be governed by the laws of the State of California without regard to its conflict of law provisions. Except as otherwise expressly provided in these Terms, all arbitration and other litigation of any dispute between you and Ciitizen related to these Terms shall be located in San Mateo County, California. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree that a breach of these Terms will cause irreparable injury to Ciitizen for which monetary damages would not be an adequate remedy and Ciitizen shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Ciitizen, but Ciitizen may assign or transfer these Terms, in whole or in part, without restriction. The Service is operated by us in the United States and offered only to users in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. The section titles in these Terms are for convenience only and have no legal or contractual effect. We may modify these Terms from time to time. If we do this, we will update the “Last Updated” date at the top of these Terms. If we make changes that are material, we may also attempt to notify you, such as by e-mail notification and/or by placing a prominent notice on the first page of the Ciitizen website. However, it is your sole responsibility to review the Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access to or use of the Service after the modifications have become effective will be deemed your acceptance of the modified Terms. If Ciitizen or its businesses are acquired or transferred to another entity (in whole or part and including in connection with bankruptcy or similar proceedings), Ciitizen has the right to share your Content, Health Records and other personal information with that entity. Where possible, Ciitizen will notify you in advance of such a transaction and you will be offered an opportunity to opt-out of having your information transferred. These Terms will continue to apply to the Service until you receive notification of changes to the Terms or Service.