Modern Health stands against extremist violence and condemns the recent attack against the U.S. Capitol. We remain committed to supporting the mental health of those impacted by white supremacy and political violence, and welcome them to access support here.
Addendum to Modern Health Terms of Use Region-Specific Terms
The following terms may apply to you based on the location of your use of the Services.
CANADA:
1.
Application of Consumer Law. The Service is intended for businesses, corporations and organizations, for your benefit as one of their employees or their employee’s dependents, for professional purposes only, and not for consumer purposes. Consequently, you represent and warrant that you will use the Service only for purposes related to your employment. Notwithstanding anything to the contrary in these Terms of Use and to the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If, however, any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these Terms of Use will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and Company’s liability is limited (at Company’s option) to the replacement, repair or resupply of the Service or the pro-rata refund to the Customer (as defined below) of prepaid fees for your subscription, if applicable, covering the remainder of the term.
2.
Section 17.d shall not apply and instead, the following shall apply: “Responsibility for Backups. You are responsible for backing up your User Data on a regular basis.”
3.
The following shall be inserted at the end of Section 17.e: “For the purpose of this Section 17.e, it is understood that you will always be able to turn off such communications through the clickable link provided within such communications or by managing this setting through your User Account.”
4.
The following portion of Section 20.a shall not apply: “You and Company agree that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to the Services or these Terms of Use that are not submitted to arbitration will be exclusively in the federal or state courts located in San Francisco, California. You agree that San Francisco, California is the proper forum for any appeals of an arbitration award or for trial court proceedings if the arbitration below is found to be unenforceable, as well as for any actions for injunctive or other equitable relief.”
5.
The following shall be inserted at the end of Section 20.b: “Notwithstanding anything to the contrary, any arbitration conducted hereunder shall be held virtually, upon your request”