Modern Health
Provider Terms of Use

Last Updated: October 11, 2021

IF YOU ARE A PROVIDER HAVING YOUR USUAL RESIDENCE IN A LOCATION OTHER THAN THE UNITED STATES, YOUR USE OF THE SERVICES MAY BE SUBJECT TO THE APPLICABLE REGION ADDENDUM (DEFINED BELOW), WHICH APPLIES IN ADDITION TO THESE TERMS OF USE AND HAS PRECEDENCE OVER THESE TERMS OF USE IN CASE OF CONFLICT.

Subject to the Region Addendum, as applicable, these Terms of Use contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. You have the right to withdraw your consent to have the Terms of Use provided to you in electronic form.

These Terms of Use govern your access to and use of the websites, subdomains, products, and services owned or controlled by Modern Life Inc. dba Modern Health or its affiliates (“Company”, “we”, “our” or “us“), including, without limitation, your use of www.modernhealth.com, any other Company websites, dashboards, provider portals, resources, and any mobile applications made available to you by the Company (collectively, the “Services”). To access the Services, Providers (as defined below) must at all times agree to and abide by these Terms of Use.

These Terms of Use are a legally binding agreement between you, an individual providing clinical  care through the Services pursuant to a Provider Agreement (as defined below) (“you” or, collectively with other providers, “Providers”) and Company or its affiliates / related parties regarding your access to and use of the Services.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, USING, SUBSCRIBING TO OR OTHERWISE PROVIDING CARE TO PATIENTS THROUGH THE SERVICES, OR BY CLICKING “I AGREE” OR OTHERWISE AFFIRMATIVELY MANIFESTING YOUR INTENT TO BE BOUND BY THESE TERMS OF USE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, INCLUDING ANY ADDITIONAL POLICIES, EXHIBITS, ADDENDA, GUIDELINES OR SUPPLEMENTS MADE AVAILABLE BY COMPANY AND ANY FUTURE MODIFICATIONS HERETO OR THERETO (COLLECTIVELY, THE “TERMS OF USE”), AND TO THE COLLECTION, USE, AND COMMUNICATION OF YOUR PROVIDER DATA AS SET FORTH IN THE COMPANY PRIVACY NOTICE. YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO USE AND ACCESS THE SERVICES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE TERMS OF USE, YOU MUST NOT ACCEPT THE TERMS OF USE AND MAY NOT USE THE SERVICES. IF YOU ARE SELECTED TO BE A TRIAL USER (“BETA TESTER”) FOR A BETA VERSION OF THE SERVICES (“BETA SERVICES”), THE TERMS OF USE WILL ALSO GOVERN SUCH BETA TESTING. AS USED HEREIN, “SERVICES” SHALL INCLUDE BETA SERVICES.

If you have any concerns or questions about these Terms of Use, please feel free to contact us via email at legal@modernhealth.com.

1.
Services. Providers have access to Company’s Services pursuant to, in accordance with and subject to these Terms of Use and the Provider Agreement (as defined below) and the terms and conditions thereof. Company reserves the right to modify or discontinue the Services, or any portion, aspect or feature of the Services, at any time, including the right to discontinue the display of any User Data or Provider Data (each as defined below).

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. 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.