Terms of Use

Terms of Use

Nonstop Administration and Insurance Services, Inc. Terms of Use

This policy ("Policy") provides Nonstop Administration and Insurance Services, Inc. ("Company," "Nonstop", "We,", "Us" or "Our") terms for your ("You" or "Your"):

• use of Our various Company websites and mobile applications pursuant to the Terms and Conditions of Use (or "TOU"),
• your access to Company Intellectual Property including but not limited to www.nonstophealth.com("Company Information Site") and the Nonstop Health mobile application ("Mobile App"),
• Our Digital Millennium Copyright Act compliance and agent, and
• Other General Terms.

These terms do not apply to any third-party sites or applications that may be linked to them, including the websites and applications that provide employee or employer services (i.e., "Portals") that you may receive as a licensed user (that collectively with Company Information Site and Mobile App is referred to as the "Company Site(s)").

We reserve the right to change the terms of This Policy at any time without notice. We will make reasonable efforts to inform You of those changes by posting a notice on the Company Information Site or by sending You notice by email or regular mail. By using the Company Information Site or Mobile App, You are agreeing to be bound by the then current version of this Policy. If You do not agree with any of these terms, You should cease all use and/or access to the Company Sites.

TERMS & CONDITIONS OF USE

By using the Company Information Site or Mobile App, You: (a) agree to these TOU; and (b) represent that: (i) You are 18 years of age or older, and that (ii) if You are agreeing to this TOU on behalf of another person or any legal entity, that You are duly authorized to do so.

Your Right of Access. If You are under any separate direct agreement with Us (generally a "License Agreement"), Your use of this Company Information Site may be subject to the terms and conditions of such License Agreement. However, if the License Agreement is silent as to this matter or if You are not subject to a License Agreement with Us, We hereby grant You the nonexclusive, nontransferable, royalty-free right and license to access and use the Company Information Site in any manner permitted under this TOU. To the extent there is a conflict between this TOU and the terms and conditions of any License Agreement, the terms of the License Agreement shall prevail.

What the Company Information Site Does and Does Not Provide. We use the Company Information Site to provide information, products and services to meet Your needs. Your needs evolve constantly in response to many factors, including medical science, healthcare information technology, public health and health care policy, and the regulatory environment. Accordingly, We may begin, alter, suspend, and terminate Our offering of the content, features or functions on or through the Company Information Site in any manner consistent with Our contractual obligations, at any time, with no notice to You. We Do Not Provide Professional Advice. Nothing appearing on the Company Site(s) is medical, legal, accounting, tax, compliance, or other professional advice.

Use of the Company Sites. Your rights to access and use the Company Sites granted above are contingent upon Your compliance with each of the following:

• You agree to use the Company Sites at all times solely as permitted under the then-current TOU;
• You agree to use the Company Sites solely for Your internal business purposes. You agree not to access or use the Company Sites for any other purpose or for any unlawful or illegal purpose. You agree not to use the Company Sites in any manner that could damage, disable, overburden, or impair any Company server, or the network connected to any Company server, or interfere with any other party's use or enjoyment of the Company Sites.
• You agree not to defeat or evade any security or access control device or procedure used on or associated with the Company Information Site;
• You agree not to sell, lease, traffic in, sublicense, or otherwise transfer to any person or entity, Your rights to access or use the Company Information Site granted hereunder;
• You agree not to access or use the Company Sites using any automated, recursive or robotic means; additionally, in the Company's sole judgment, access or use in any other manner that interferes with the operation of the Company Sites or burdens the Company's ability to provide the Company Sites to You or others is prohibited;
• You may not frame the content of the Company Information Site, nor may you incorporate the Company Information Site within your site. You may not link to the Company Information Site or any of the individual web pages contained therein without prior written permission from Us. Requests to link to the Company Information Site should be sent to info@nonstophealth.com
• You acknowledge and agree that: (a) the Company Information Site is or reflects intellectual property that, as between You and Company, is owned solely and exclusively by Company. You acknowledge and agree that You may not: (i) reverse engineer, disassemble, decompile, download, copy, reproduce, prepare derivative works of, distribute, publish, perform or display any: (a) functionality, code, content, or other resource (collectively "Information Resources") used by Company to provide You with the Company Information Site; or (b) any Information Resource made available to You on or through the Company Information Site, except as agreements executed by Company in current effect otherwise provide or as otherwise permitted under this TOU;
• Company hereby grants You a non-exclusive, non-transferable right and license to copy reasonably limited portions of text and to download, copy, and distribute articles, white papers, downloadable and other content displayed or otherwise made available in the public section of the Company Information Site, solely and exclusively for Your internal business purposes, provided that: (a) You are otherwise in compliance with this TOU and any License Agreement You have entered into with Us; and (b) any such copy You make identifies Us as the author of that content and bears each and every legal notice that appears on the Company Information Site on or in association with that content, including without limitation, the copyright notice applicable to the specific content You copy. For the avoidance of doubt, this license does not pertain to any section of the Company Information Site which requires a login/password ("Private Site Content"). Private Site Content is governed by any one or more agreements You have entered into with Us. If you are not certain what rights you have to Private Site Content please contact Us at info@nonstophealth.com.
• You understand and agree that any use or attempted use of the Company Sites in violation of this TOU may, without prejudice to any other claims, rights, or remedies Company may have, result in the termination of Your rights to use the Company Sites.

Customers and Other Contract Partners. This TOU do not modify any agreement between You and Company. If You have entered into one or more agreements with Us that are in effect when You use the Company Information Site, including without limitation, agreements that authorize You to use any Company product, You acknowledge and agree that: (a) Your use of the Company Information Site is governed by those agreements as well as by this TOU.

Disclaimers. EXCEPT AS AND TO THE EXTENT THAT ANY EXECUTED AGREEMENT(S) WITH YOU AND US, IF ANY, MAY OTHERWISE EXPRESSLY PROVIDE, THE COMPANY INFORMATION SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." EXCEPT AS AND TO THE EXTENT THAT OUR EXECUTED AGREEMENT(S) WITH YOU, IF ANY, MAY OTHERWISE EXPRESSLY PROVIDE, THE COMPANY DOES NOT WARRANT THAT THE COMPANY INFORMATION SITE WILL PERFORM AS YOU EXPECT OR WITHOUT INTERRUPTION, THAT IT WILL MEET YOUR NEEDS, BE SECURE, THAT THE CONTENT POSTED ON TO THE SITE WILL BE CURRENT, ACCURATE, OR FREE FROM ERRORS, VIRUSES, OTHER MALICIOUS OR HARMFUL CODE, OR OTHER DEFECTS, THAT YOUR USE OF THE COMPANY INFORMATION SITE WILL NOT RESULT IN THE LOSS OF, OR DAMAGE TO, YOUR INFORMATION, THAT INFORMATION YOU POST TO THE COMPANY INFORMATION SITE CAN OR WILL BE DISPLAYED ACCURATELY, COMPLETELY OR AT ALL, OR THAT THE COMPANY INFORMATION SITE WILL NOT ALTER OR DAMAGE YOUR SYSTEM. COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE COMPANY INFORMATION SITE, ANY FUNCTIONALITY, CONTENT OR OTHER INFORMATION MADE AVAILABLE.

Limitation of Liability. EXCEPT AS AND TO THE EXTENT THAT COMPANY'S EXECUTED AGREEMENT(S) WITH YOU, IF ANY, MAY OTHERWISE EXPRESSLY PROVIDE, IN NO EVENT SHALL COMPANY OR ANY OF COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS OR REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OF YOUR AFFILIATED PRACTICES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST DATA OR LOST OPPORTUNITIES, IN ANY WAY RELATING TO THIS TOU OR RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE COMPANY INFORMATION SITE OR ANY BREACH OF SECURITY, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING, AND WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE THAT EXCEPT AS AND TO THE EXTENT THAT THE COMPANY'S EXECUTED AGREEMENT(S) WITH YOU MAY OTHERWISE EXPRESSLY PROVIDE, YOUR SOLE REMEDY FOR ANY INJURY YOU ALLEGE TO HAVE SUFFERED ARISING FROM OR RELATED TO YOUR USE OF THE COMPANY INFORMATION SITE IS TO STOP USING IT.

REGULATORY COMPLIANCE CARVE-OUT. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS LIMITATION OF LIABILITY SECTION SHALL BE CONSTRUED TO LIMIT OR DISCLAIM COMPANY'S OBLIGATIONS UNDER APPLICABLE FEDERAL OR STATE LAW, INCLUDING WITHOUT LIMITATION HIPAA, HITECH, OR ANY BUSINESS ASSOCIATE AGREEMENT (BAA) EXECUTED BETWEEN COMPANY AND A COVERED ENTITY OR BUSINESS ASSOCIATE. TO THE EXTENT THAT APPLICABLE LAW OR AN EXECUTED BAA IMPOSES OBLIGATIONS OR LIABILITY ON COMPANY WITH RESPECT TO THE PRIVACY OR SECURITY OF PROTECTED HEALTH INFORMATION (PHI), SUCH OBLIGATIONS AND LIABILITY SHALL REMAIN IN FULL FORCE AND EFFECT REGARDLESS OF THE LIMITATIONS SET FORTH IN THIS SECTION.

EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SET FORTH IN THIS TOU, INCLUDING THOSE SET FORTH IN SECTIONS E AND F, ANY CLAIMS MADE THAT ARE THE RESULT OF SUCH EXCLUSIONS SHALL HAVE ANY REMEDY CAPPED AT $100 US DOLLARS.

SMS/TEXT MESSAGING PROGRAM

Nonstop Health ("we," "us," or "our") may offer SMS/text messaging services to deliver important information to you, including: health alerts and time-sensitive notifications, two-factor authentication codes and security messages, appointment reminders and confirmations, marketing and promotional messages (with your consent), and service updates and account notifications.

Marketing Messages: By providing your mobile phone number and opting in to receive marketing messages, you expressly consent to receive autodialed and/or prerecorded marketing and promotional text messages from Nonstop Health at the phone number you provided. Your consent is not a condition of purchasing any goods or services. Message frequency varies based on your preferences and activity.

Transactional Messages: By providing your mobile phone number and using our services, you consent to receive transactional text messages including: two-factor authentication codes necessary for account security, critical health alerts and time-sensitive notifications related to your care, appointment confirmations and reminders, and service-related updates. You may receive these transactional messages even if you opt out of marketing messages, as they are necessary for the operation of our services.

Message Frequency & Costs: Message frequency varies: Marketing messages (up to 8 messages per month, may vary by campaign), Transactional messages (frequency varies based on your account activity and healthcare events), Security messages (sent as needed for account protection). Message and data rates may apply. Standard message and data rates from your wireless carrier will apply to each text message sent or received. We are not responsible for any charges or fees associated with receiving SMS messages.

Supported Carriers: Our SMS service is available on major US wireless carriers including AT&T;, Verizon Wireless, T-Mobile®, Sprint, Boost, U.S. Cellular®, MetroPCS, Virgin Mobile, and others. Carrier availability is subject to change without notice.

Opt-Out/Unsubscribe: You may opt out at any time by: (1) Texting STOP, UNSUBSCRIBE, CANCEL, END, or QUIT to any message, (2) Logging into your account at https://members.nonstophealth.com and updating your communication preferences, or (3) Emailing clientsupport@nonstophealth.com or calling 1-877-626-6057. After opting out, you will receive one final confirmation message. Opting out of marketing messages will not affect transactional or security messages necessary for service operation. For help or information, text HELP to any message.

Program Terms: We reserve the right to modify or discontinue the SMS program at any time without notice. We will not be liable for any delays or failures in receipt of SMS messages. Delivery of SMS messages is subject to effective transmission from your wireless carrier and is outside of our control. Carriers are not liable for delayed or undelivered messages. You agree to provide us with accurate mobile phone number information and to update it promptly if it changes. We may suspend or terminate your access to SMS services if we believe you are violating these terms or engaging in fraudulent activity.

Privacy & Data Use: Your mobile phone number and related information will be used in accordance with our Privacy Policy. We will not sell, rent, or share your mobile phone number with third parties for their own marketing purposes without your express consent. For more information about how we collect, use, and protect your information, please review our Privacy Policy at https://www.nonstophealth.com/privacy/.

MOBILE APPLICATION TERMS

Mobile App License Grant. Subject to your compliance with this TOU and any applicable License Agreement, Company grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Nonstop Health mobile application ("Mobile App") on a mobile device that you own or lawfully control, solely in connection with the services we provide to you. You may not: (a) copy, modify, or create derivative works of the Mobile App; (b) reverse engineer, decompile, or disassemble the Mobile App except as permitted by applicable law; (c) rent, lease, lend, sell, sublicense, or otherwise transfer the Mobile App or any rights in it to any third party; or (d) remove or alter any proprietary notices or labels on the Mobile App. This license terminates automatically upon any termination of your right to use Company services or upon your violation of this TOU.

Device Permissions. Certain features of the Mobile App require access to device functions, including camera, biometric authentication, push notifications, and local storage. By enabling these features, you grant Company permission to access those device functions solely as described in our Privacy Policy. You may revoke any permission through your device settings at any time; revoking certain permissions may limit specific app functionality.

Push Notifications. By enabling push notifications, you consent to receive alerts, appointment reminders, security codes, and other service-related notifications on your device. You may disable push notifications at any time through your device settings or app notification preferences. Disabling push notifications may result in delayed or missed receipt of time-sensitive health or security alerts, and Company is not liable for consequences arising from your choice to disable them.

Mobile Security Responsibilities. You are responsible for maintaining the physical security of your mobile device and for any access to the Mobile App that occurs on your device. You agree to: (a) enable device-level screen lock; (b) keep your device operating system and the Mobile App updated; (c) notify us immediately at compliance@nonstophealth.com if your device is lost, stolen, or you suspect unauthorized account access; and (d) log out of the Mobile App when not in use on shared or unattended devices. Company is not liable for unauthorized access resulting from your failure to maintain adequate device security.

App Store Terms — Apple Devices. If you download the Mobile App from Apple's App Store: (a) this TOU is solely between you and Company; Apple, Inc. ("Apple") is not a party to this TOU and has no obligation to provide maintenance or support for the Mobile App; (b) in the event the Mobile App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price, if any; Apple has no other warranty obligation with respect to the Mobile App; (c) Apple is not responsible for addressing any claims by you or any third party relating to the Mobile App or your use of it, including product liability, consumer protection, or intellectual property infringement claims; and (d) Apple and its subsidiaries are third-party beneficiaries of this TOU and, upon your acceptance, will have the right to enforce this TOU against you as a third-party beneficiary. Your use of the Mobile App must also comply with Apple's App Store Terms of Service.

App Store Terms — Google Devices. If you download the Mobile App from the Google Play Store: (a) this TOU is solely between you and Company; Google LLC ("Google") is not a party to this TOU and has no obligation to provide maintenance or support for the Mobile App; and (b) your use of the Mobile App must also comply with Google Play's Terms of Service. Google is not responsible for the Mobile App or its content.

App Availability and Updates. The Mobile App may not be available in all geographic regions or on all devices. Company reserves the right to modify, update, suspend, or discontinue the Mobile App or any features thereof at any time, consistent with its contractual obligations. We recommend keeping the Mobile App updated to the most recent version to ensure you benefit from current security protections and features.

INTELLECTUAL PROPERTY AND DMCA COMPLIANCE

Copyright. We take the protection of Our copyright very seriously. If We discover that you have used Our copyright materials without prior written permission, We may bring legal proceedings against you seeking monetary damages and an injunction to stop you from using those materials. Pursuant to the U.S. Digital Millennium Copyright Act, notifications of claimed copyright infringement should be sent to Our designated agent: DMCA@nonstophealth.com. Please provide Our agent with the following: a description of the copyrighted work that you claim has been infringed, a description of where the material that you claim is infringing is located, a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, your address, telephone number and email address, a statement by you that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Trademarks and Logos. Trademarks, whether registered or unregistered, are a valuable asset to Our Company and as such must be used properly. You may refer to Our products and services by their appropriate trademark only if Your references are truthful, fair, and not misleading. Similarly, Our logos may not be used without prior written permission. For approval to use our Logos or copyrights in any way, or to submit a formal complaint under the DMCA, please contact us at DMCA@nonstophealth.com.

GENERAL TERMS

No modification, amendment, or waiver of any provision of this TOU shall be effective unless adopted by Company in writing.

No failure or delay by Company in exercising any right, power, or remedy under this TOU shall operate as a waiver of any such right, power, or remedy.

If any provision of this TOU are ruled by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of this TOU shall remain in full force and effect.

You acknowledge and agree that each entity that collectively makes up Company is a third-party beneficiary of this TOU, and that each entity may enforce any provision of the terms that benefits it.

This TOU shall be interpreted, construed and governed by, and in accordance with, the laws of the State of California. Any cause of action arising out of or related to this TOU may only be brought in the local court of applicable jurisdiction in the State of California, Contra Costa County, and You hereby submit to the jurisdiction and venue of that court.

These Terms and Conditions of Use are the final, complete and exclusive agreement between the parties with respect to the subject matter hereof.

Contact Information

Phone: 1-877-626-6057

Email: clientsupport@nonstophealth.com

Location: 1800 Sutter St, Suite 730, Concord, CA 94520

Hours: Monday – Friday, 6am – 5pm Pacific Time / 8am – 7pm Eastern Time