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Terms of use

Terms of Service for Silo Health P.C.

1. Introduction

Thank you for choosing Silo Health P.C. By using our services, you agree to abide by these Terms of Service. Please read them carefully.

2. User Eligibility

To use our services, you must be 18 years of age or older. Our services are currently available only to residents of California. If you use our Services on behalf of another person, (a) all references to “you” throughout these Terms will include that person, (b) you represent that you are authorized to accept these Terms on that person’s behalf, and (c) in the event you or the person violates these Terms, the person or entity agrees to be responsible to us.

3. Account Security and Privacy

Your account with Silo Health P.C. is safeguarded with two-factor authentication provided by Charmhealth Electronic Health Record, owned by MedicalMine Inc. All patient data is stored securely following rigorous standards, including SSL encryption for communications. For a comprehensive understanding of how MedicalMine Inc. handles personal and health information, please refer to their [Privacy Policy](https://www.medicalmine.com/privacy).

4. Prohibited Conduct and Content

Acceptable Use and Restrictions

You must adhere to all relevant laws, agreements, third-party rights, and avoid any act that could result in a legal tort while utilizing our Services. You are responsible for your actions when accessing our Services and you are forbidden to:

– Engage in any form of harassment, threats, intimidation, predatory behavior, or stalking;

– Use or try to use another user’s account without permission from the user and Spora;

– Falsely represent yourself or post on behalf of someone else, or falsify your affiliation with any person or organization;

– Sell, resell, or use our Services for any commercial purposes;

– Duplicate, distribute, perform, display, or use parts or all of our Services, except as explicitly allowed by us or our licensors;

– Alter our Services, remove any proprietary notices or labels, or create works derived from our Services;

– Misuse our Services in any way that could impede other users’ enjoyment of them, or that could harm, overload, or impair the functioning of our Services;

– Reverse engineer any part of our Services, or conduct any activity to uncover source code, or evade or breach any security or access controls;

– Employ any data harvesting, robots, or similar data collection methods to extract or scrape data from our Services;

– Create or use any applications that interact with our Services without our written consent;

– Transmit spam, unsolicited communications, chain letters, or pyramid schemes;

– Disregard any directives found in our robots.txt file;

– Utilize our Services for any unlawful purposes, or in support of illegal activities, or promote activities that breach these Terms.

Silo P.C. reserves the right to enforce the rules of this Section 4 at its discretion. Non-enforcement in certain cases does not waive our right to enforce it in others. Additionally, this Section does not grant any third party the right to take legal action or expect that the Services will be free from content that is not allowed under these regulations.

5. Intellectual Property

All content published by Silo Health P.C., including but not limited to logos, slogans, and trademarks, are the exclusive property of Silo Health P.C. Users are not permitted to reproduce, redistribute, or use this content without explicit written permission from Silo Health P.C.

6. Third-Party Content and Collaborative Partnerships

At Silo Health, we offer insights on third-party products, services, activities, and events, as well as permit third-party entities to share their content through our Services (referred to as “Third-Party Content”). We provide this as a service for those who may find the content useful. In our commitment to holistic health, Silo Health also partakes in partnerships and referral programs with reputable sleep specialists and wellness centers. We suggest the use of specific devices such as the Oura Ring and Withings devices (including a sleep pad, blood pressure cuff, and scale) for effective remote patient monitoring, ensuring that all related data is handled with stringent security.

Your engagement with third-party providers, use of Third-Party Content, and utilization of our recommended services or devices are agreements made solely between you and the third party. Silo Health does not have control over, nor do we endorse or provide warranties for, any Third-Party Content. Your decision to rely on any external content, services, or health monitoring tools is taken at your own discretion. Silo Health is absolved from any liability arising from such interactions, and we affirm our commitment to uphold the confidentiality and security of our patients’ data in all such exchanges.

7. Indemnification

As the sole proprietor of Silo Health, to the fullest extent allowed by law, you agree to indemnify, defend, and hold harmless myself as the owner, from any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) that arise from (a) your use of Silo Health’s services; (b) any content you provide or feedback you offer; (c) your breach of these Terms; (d) your infringement of any rights of another party, including intellectual property or privacy rights; or (e) your actions associated with the services. Should any third-party Claims arise, you are to promptly inform me, cooperate in defending the Claims, and cover all costs associated with the defense, including attorney fees. I reserve the right to control the defense or settlement of any third-party Claims.

8. Disclaimers

Silo Health’s services are provided to you “as is” and “as available,” without any warranty, either express or implied. While I strive to provide a valuable service, I cannot guarantee that the services will be error-free, reliable, or uninterrupted. You assume all risks associated with the use of the services.

9. Limitation of Liability

Silo Health’s liability to you for any Claims arising out of these Terms, whether the claim is based in contract, tort, or any other legal theory, is limited to the amount you have paid for services in the past twelve months, not to exceed $500. This limitation does not apply to any liability that cannot be excluded or limited under applicable law.

10. Release

You release Silo Health from any claims, liabilities, or damages that arise from your dealings with third parties through the services. This release does not apply where prohibited by law, including any rights you may have under consumer protection laws that cannot be waived. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

11. Transfer and Processing Data

By using Silo Health’s services, you consent to the processing and storage of your information, which may occur outside of the U.S. I commit to maintaining the confidentiality and security of your information in accordance with privacy laws.

12. Dispute Resolution; Binding Arbitration

Disputes arising under these Terms will be settled through binding arbitration, which precludes you from suing in court or having a jury trial. You and Silo Health agree to resolve disputes through individual arbitration, barring class actions or arbitrations. Any arbitration will be conducted confidentially. For any arbitration initiated by you, you will pay the filing fee up to $[unsure what amount to put here], and I will cover the remaining costs. Disputes must be filed within one year of the occurrence.

13. Governing Law and Venue

Disputes not subject to arbitration will be governed by California law, without regard to its conflict of law principles, and will be litigated exclusively in the courts of California.

14. Amendments and Additional Terms

Silo Health reserves the right to amend these Terms at its discretion. Any such amendments will be communicated to you by updating the date at the top of these Terms, by sending an email notification, and/or by issuing a notice through our Services. The revised Terms shall take effect immediately upon notice, and your continued use of our Services post-notification will constitute your acceptance of the modified terms. Should you disagree with the amended Terms, your sole recourse is to discontinue the use of our Services. Furthermore, Silo Health may introduce supplementary terms applicable to specific Services, which will become binding on you upon your use of those Services. In the event of a discrepancy between these Terms and any additional terms, the latter shall prevail.

15. Severability

If any term, clause, or provision hereof is declared invalid, void, or unenforceable, such a determination shall not affect the validity of any remaining parts of these Terms. The remainder of the Terms will continue in full force and effect, and the invalid, void, or unenforceable provision will be modified to the minimum extent necessary to render it valid, enforceable, and consistent with the original intent behind it.

16. Miscellaneous

No failure or delay by Silo Health in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof. The Terms embody the full and complete understanding and agreement between you and Silo Health, superseding all prior discussions, agreements, and understandings of any nature. The headings utilized in these Terms are inserted for convenience only and shall not affect the interpretation of these Terms. The term “including” is illustrative and not limitative. These Terms are for the exclusive benefit of Silo Health and you, and not for the benefit of any third parties, except as may be expressly provided for in these Terms. All dealings and communications between you and Silo Health may be conducted through electronic means. 

17. Electronic Transactions

You hereby consent to the use of electronic records and signatures in all matters related to these Terms and Services provided by Silo Health. You agree that all agreements, notices, disclosures, and other communications that Silo Health provides to you electronically satisfy any legal requirement that such communications would fulfill if they were to be in writing.