IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND GOFORWARD THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION ENTITLED “BINDING ARBITRATION / CLASS WAIVER.” BELOW FOR DETAILS REGARDING ARBITRATION.
GoForward Inc. (“GoForward,” “we,” or “us”) owns and operates the GoForward website located at https://www.goforward.com (the “Website”) the GoForward mobile application (the “Application” and, together with the Website, the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services or communications provided through the Platform or otherwise by GoForward, and any affiliated website, software or application owned or operated by GoForward (collectively, including the Platform and the Content, the “Service”) are governed by the terms and conditions set forth in these Terms of Use (“Terms of Use”).
Please read these Terms of Use carefully because they set forth the important terms you will need to know about the Service. In these Terms of Use, the terms “you” and “yours” refer to the person using the Service, or in the case of a use of the Service by or on behalf of a minor, “you” and “yours” refer to and include both (i) the parent or legal guardian who provides consent to the use of the Service by such minor or uses the Service on behalf of such minor, and (ii) the minor for whom consent is being provided or on whose behalf the Service is being utilized.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
THE SERVICE MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.
THESE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.
Your access to and use of the Service is subject to these Terms of Use, the GoForward Privacy Statement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use the Service or any information or Content provided through the Service. The Service is continually under development, and GoForward reserves the right to revise or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. Any changes to these Terms of Use are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Service is also subject to these Terms of Use upon posting to the Platform. If you disagree with these Terms of Use, your sole remedy is to discontinue your use of the Service. Your continued use after a change to these Terms of Use has been posted constitutes your acceptance of the Terms of Use as modified by such changes.
GoForward is a technology company that makes available to individuals who register as users of the Service (“Users”) certain products and services designed for use in assessing certain aspects of their health, obtaining generally applicable information about diseases and health and wellness, and tracking and managing users’ health and wellness and relationships with their healthcare providers. GoForward also provides certain technological and other administrative support for Forward, a California medical group (the “Medical Group”) that employs or contracts with physicians and allied health professionals (“Providers”), and to the extent you become a patient of the Medical Group, Forward will provide you with technological and administrative services (such as access to your medical information) associated with that relationship.
GoForward acts solely as a technology platform to provide you with products and services offered through the Service, including, at your option, connecting you with the Medical Group and the Providers. We do not control or interfere with the practice of medicine by the Medical Group or any Providers, each of whom is solely responsible for the medical care and treatment he or she provides to you. By accepting these Terms of Use, you acknowledge and agree that GoForward is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other health care provider-patient relationship with GoForward. By using certain aspects of the Service, you may, however, need to enter into a doctor-patient or other health care provider-patient relationship with the Medical Group and/or one or more Providers. Prior to allowing you to use such aspects of the Service, the Medical Group will provide you various notices and require you to agree to their terms and policies.
By accepting these Terms of Use, you understand that, to the extent you establish a relationship with the Medical Group, the Medical Group and/or Providers may send you messages, reports, and emails via the Service regarding your diagnosis and/or treatment. GoForward may also send you messages, reports, and emails via the Service that are not medical advice but are instead related to general health and wellness. You further understand and agree that it is your responsibility to monitor and respond to these messages, reports, and emails and that neither GoForward nor the Medical Group or any Provider will be responsible in any way and you will not hold GoForward, Medical Group or any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Medical Group or your Provider(s).
While you are not establishing a doctor-patient or other health care provider-patient relationship with GoForward, by using the Service, you are establishing a direct relationship with GoForward to use the products and services made available through the Service. In connection with such relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Statement. Please refer to the “Privacy Statement” section below (and the Privacy Statement) for additional information.
Our Service is currently only available to individuals who meet certain age or parental/guardian use and/or consent requirements. The Service is not intended for direct use by children under 13 years of age under any circumstances. In addition, you must be at least 18 years of age or such older age of majority as required under the applicable laws when utilizing the Service. If you are between the ages of 13 and 18, in certain circumstances and with our approval, you may still use the Service, but you must have a parent or legal guardian provide valid and verifiable consent to your use of the Service and accept these Terms of Use and acknowledge our Privacy Statement, in each case as required by the Service or as otherwise required by GoForward from time to time. If we determine at any time that the consent provided is invalid or inadequate, we may suspend or terminate your access to or use of the Service. If you are under the age of 13, the Service may still be utilized by your parent or legal guardian on your behalf, but you may not use the Service directly. If we determine at any time that a child under the age of 13 has created an account through the Service, we terminate such child’s user account and remove all information regarding such child from our systems. By using the Service, you are representing and warranting to us that you satisfy at least one of the following: (a) you are at least 18 years of age or such older age of majority as required under the applicable laws in the state you live in, as applicable, (b) you are at least 13 years of age and your parent or legal guardian has provided us with valid and verifiable consent to your use of the Service, (c) you are the parent or legal guardian of a minor child and are using the Service on such minor child’s behalf with full capacity and legal authority to do so. Our Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.
In some cases, the Service may not be the most appropriate way for you to assess certain aspects of your health, track or manage your health and wellness, or provide information to, communicate with or seek medical care and treatment from a healthcare provider. For example, GoForward may not have relationships with Providers in your state, and may thus notify you that you should seek out a Provider on your own in that state. As another example, certain medical conditions may require an in-person procedure or a healthcare provider other than your Provider, or your Provider may determine that your diagnosis and/or treatment require an in-person office visit or are otherwise not appropriately addressed through use of the Service. In such a case, you may receive notification that you will be unable to use the Service for the particular issue you submitted and providing additional information regarding next steps.
Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between parties who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. In order to use certain aspects of the Service, you will be required to review and agree to a Patient Agreement and Consent (the “Patient Consent”) that will be provided to you by the Medical Group. You agree that the Patient Consent is entered into with the Medical Group, but that GoForward is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.
You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the Service) to enable use of the Service. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Service. GoForward reserves the right to change the access configuration, including any software, hardware or other requirements of the Service at any time without prior notice.
GoForward understands the importance of confidentiality and privacy regarding your information. Please see our Privacy Statement (https://goforward.com/legal/privacy) for a description of how we may collect, use and disclose your personal information. The Privacy Statement is incorporated by reference into these Terms of Service, and your acceptance of and agreement to these Terms of Service also includes your acceptance of and agreement to the Privacy Statement.
If you become a patient of the Medical Group, you authorize Forward to share your information, and information about you, with the Medical Group.
Registration is not required to view certain content on the Website. However, you are obligated to register and set up an account in the Platform in order to access the Service, and the Service is available only to Users who have registered and have been granted accounts with usernames and passwords. You agree to accurately maintain and update any information about yourself that you have provided to GoForward and/or the Medical Group or its Providers, including your contact information. If you do not keep such information current, or fail to submit truthful, accurate and complete information, or GoForward has reasonable grounds to suspect as much, GoForward has the right to suspend or terminate your account and your use of the Service. You also agree to immediately notify GoForward of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Service by emailing GoForward at info@goforward.com. In addition, you agree to keep confidential your username and password and to exit from your User account at the end of each session. GoForward explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.
When establishing an account, you will be required to provide a username and password that will be used as your login for your account. It is your responsibility to secure and prevent unauthorized physical access to your computer, phone and other devices, and to protect the confidentiality of your username and password.
You must exercise caution, good sense, and sound judgment in using the Service. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you. GoForward may investigate any alleged or suspected violations and if a criminal violation is suspected, GoForward will cooperate with law enforcement agencies in their investigations.
Subject to the limitations on protected health information (“PHI”), as defined by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”), described below, or related state-specific privacy laws and regulations, any information you transmit to GoForward via the Service, whether by direct entry, submission, email or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary and will become the property of GoForward. You hereby irrevocably assign (and agree to assign) to GoForward, free and clear of any restriction or encumbrances, all of your rights, title and interest in and to the Submission, including, without limitation, all copyrights, rights in patents, rights in trade secrets, and all rights incidental, subsidiary, ancillary, or allied thereto (including, without limitation, all derivative rights) in and to the Submission. To the extent the assignment granted above fails for any reason, you hereby grant to GoForward an exclusive, perpetual, irrevocable, royalty-free, worldwide license under your intellectual property rights, with the right to sublicense to third parties the right, to make, access, practice, sell, offer for sale, export, import, copy, use, modify, prepare derivative works from, distribute, publicly display, publicly perform, and otherwise exploit in any manner those Submissions with respect to which the foregoing assignment shall have failed. You agree to execute any documents and take any other actions as may reasonably be necessary, or as GoForward may reasonably request, to evidence, perfect, maintain and enforce GoForward’s ownership of or license to any such Submissions. In addition to the foregoing, GoForward shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that GoForward deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission.
Certain Submissions you make may contain PHI, which may be subject to HIPAA or related state-specific privacy laws and regulations, depending on your relationship with Forward and the Medical Group and the context in which you are providing the Submission. With respect to any such PHI, GoForward’s rights under this section with respect to the use or disclosure of such PHI will be limited as and to the extent required under HIPAA or an applicable Patient Authorization, as applicable.
YOU ACKNOWLEDGE AND AGREE THAT, IN PERMITTING YOU TO UTILIZE THE SERVICE, GOFORWARD IS ENTRUSTING YOU WITH SENSITIVE OR COMPETITIVE CONFIDENTIAL COMPETITIVE INFORMATION REGARDING, REFLECTING OR OTHERWISE RELATING TO GOFORWARD’S RESEARCH AND DEVELOPMENT, PRODUCT DEVELOPMENT PLANS, AND MARKETING AND OTHER BUSINESS STRATEGIES, INCLUDING ANY AND ALL INTELLECTUAL PROPERTY OF GOFORWARD (COLLECTIVELY, “CONFIDENTIAL INFORMATION”). YOU AGREE THAT ALL INFORMATION RELATING TO THE SERVICE FURNISHED TO, ACCESSED BY OR OTHERWISE LEARNED BY YOU CONSTITUTES CONFIDENTIAL INFORMATION PURSUANT TO THE AGREEMENT AND MAY BE USED BY YOU SOLELY TO ACCESS THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT. YOU AGREE THAT YOU WILL NOT USE CONFIDENTIAL INFORMATION IN ANY WAY, FOR YOUR OWN ACCOUNT OR THE ACCOUNT OF ANY THIRD PARTY. YOU AGREE NOT TO DISCLOSE ANY CONFIDENTIAL INFORMATION TO ANY OTHER PERSON OR ENTITY WITHOUT GOFORWARD’S PRIOR WRITTEN APPROVAL. YOU AGREES TO INFORM GOFORWARD PROMPTLY OF ANY ACTUAL OR SUSPECTED UNAUTHORIZED DISCLOSURE OR USE OF CONFIDENTIAL INFORMATION IN VIOLATION OF THESE TERMS OF USE.
Any use or attempted use of the Service (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by GoForward to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by GoForward, (vii) to reverse engineer, disassemble or decompile any section or technology on the Service, (viii) for research or to compete with GoForward or the Medical Group, or (ix) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Service, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any GoForward representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy any content or information on the Service; or (p) assist or permit any person in engaging in any of these activities.
GoForward reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User's access and/or account. GoForward may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Except as may be provided in the Privacy Statement, GoForward reserves the right at all times to disclose any information as GoForward deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GoForward’s sole discretion.
GoForward reserves the right to monitor general use of the Service at any time as it deems appropriate and to remove any materials that, in GoForward’s sole discretion, may be illegal, may subject GoForward to liability, may violate these Terms of Use, or are, in the sole discretion of GoForward, inconsistent with GoForward’s purpose for the Service.
Parties other than GoForward, including Medical Group and Providers (collectively, “Third-Parties”) provide services or sell products through the Service, and GoForward may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by Third-Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and any interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.
You agree that GoForward shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of any Third-Party Goods and Services or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, any other User or any other entity or individual, you understand and agree that GoForward is under no obligation to become involved in such dispute, and you hereby release and indemnify GoForward, its affiliates and their respective contractors, and its directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “GoForward Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release and that if known by him would have materially affected his settlement with the debtor or released party.”
Certain of GoForward’s shareholders, directors, officers, employees or agents (collectively, “GoForward Owners and Personnel”) have a financial interest in the Medical Group and/or are also Providers, and may profit from your use of the Medical Group and its products and services. GoForward and certain GoForward Owners and Personnel may also have a financial interest in other Third-Parties, and/or may profit from the sale of Third-Party Goods and Services to you.
GoForward may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating these Terms of Use, if our agreement with your Provider terminates or if we discontinue the Service. Upon any such termination, you must destroy all Content obtained from the Service and all copies thereof. The provisions of these Terms of Use concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of the Service is terminated pursuant to these Terms of Use, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all GoForward Parties harmless from any and all liability that any such GoForward Parties may incur with respect thereto.
Except as otherwise provided in the Privacy Statement or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Service, to return or otherwise provide to you or any third party on your behalf any Content, any information you provide to us, any information your Providers provided to us about or relating to you, or any other information that we may have that relates to you.
Content and other information contained on the Service is provided by GoForward as a convenience. Users relying on Content or other information from the Service do so at their own risk.
THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. GOFORWARD TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM (INCLUDING ANY CONSULTATIONS OR OTHER SERVICES YOU MAY RECEIVE FROM THE MEDICAL GROUP OR ITS PROVIDERS). GOFORWARD DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. GOFORWARD DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, OR ANY ADVERSE INCIDENT.
IN NO EVENT SHALL GOFORWARD BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY OR WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED BY THE MEDICAL GROUP OR ITS PROVIDER(S) (INCLUDING CLAIMS OF MEDICAL MALPRACTICE), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOFORWARD ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOFORWARD SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
GOFORWARD SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE, MISUSE OR INABILITY TO USE THE PLATFORM, THE CONTENT OR THE SERVICE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM, SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, SERVICE OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM, SERVICE OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold the GoForward Parties harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from the Service, your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of these Terms of Use or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
Any notices to you from GoForward regarding the Service or these Terms of Use may be made by email, a detailed posting notice on the Service, or regular mail, in the sole discretion of GoForward.
When you access or use the Service or send emails or SMS text messages to us, the Medical Group or its Providers, you are communicating with us, the Medical Group and its Providers electronically. You consent to receive communications from us, the Medical Group and its Providers electronically. We will communicate with you via email, SMS text message, or through the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.
You understand that email and standard SMS text messaging are not confidential methods of communication and may be insecure. You further understand that, because of this, there is a risk that these electronic communications—some of which may contain information about your medical condition and care—might be intercepted and read by a third party.
These Terms of Use incorporate by reference Forward’s Text Message Terms & Conditions. By agreeing to these Terms of Use, you also agree to be bound by Forward’s Text Message Terms & Conditions, the full text of which can be found at www.goforward.com/legal/terms/sms.
If you later decide that you do not want to receive certain future communications electronically, please send an email to info@goforward.com with the subject line “Revoke Electronic Consent” or send a letter clearly stating your request to: GoForward, Inc., Attn.: Legal, 660 4th Street, #202, San Francisco, CA 94107. You may also opt out of certain electronic communications through your account, if you have one, or by following the Unsubscribe instructions in any communication you receive from Forward. Your withdrawal of consent will be effective within a reasonable time after we receive your clear withdrawal notice as described above.
Forward may need to send you certain communications electronically regarding the Service—for example, communications regarding updates to our Terms of Use, your health care and treatment, or billing information. You will not be able to opt out of those communications. Your withdrawal of consent will not affect the legal validity or enforceability of these Terms of Use, including Forward’s Text Message Terms & Conditions, as accepted by you (including any updates). If you withdraw your consent to receive certain other communications electronically, certain aspects of the Service may become unavailable to you.
These Terms of Use and any other agreements GoForward may post on the Service or that you and GoForward may execute from to time constitute the entire agreement between GoForward and you in connection with your use of the Service and supersede any prior agreements between GoForward and you regarding use of the Service, including prior versions of these Terms of Use.
You and GoForward agree that all disputes, controversies and claims related to these Terms of Use, the Platform, the Content, any other part of the Service and/or any other item or service provided by GoForward (each a “Claim”), shall be finally and exclusively resolved by binding arbitration as described in this Section, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other.
YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND GOFORWARD ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO GOFORWARD, THE PLATFORM, THE CONTENT OR ANY OTHER PART OF THE SERVICE, OR ANY OTHER GOFORWARD GOODS OR SERVICES, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS OF USE (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case GoForward will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. GoForward also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
The arbitration shall be conducted in San Francisco, California, except that, in the event San Francisco, California is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
THE ARBITRATOR MAY AWARD ANY RELIEF AVAILABLE IN A COURT OF LAW.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and GoForward agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in San Francisco, California, and both parties consent to exclusive jurisdiction and venue in such courts. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise.
THE PARTIES AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
This Service is controlled and operated by GoForward from our offices within California. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.
The validity, interpretation, construction and performance of these Terms of Use will be governed by the laws of the State of California, without regard to any conflicts of law provisions.
All parts of these Terms of Use apply to the maximum extent permitted by law. Our failure to enforce any provision of these Terms of Use will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
Neither these Terms of Use, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. GoForward may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use to any affiliate of GoForward or to another third party in the event that some or all of the business of GoForward is transferred to such other third party by way of merger, sale of its assets or otherwise.
Any use of third-party software provided in connection with the Service, or any third-party product or service accessed or used in connection with the Service, will be governed by the applicable third-party’s license or terms of use, and not by these Terms of Use. In addition to these Terms of Use, your use of the Service must comply with all applicable third-party terms of agreement.
Except for the foregoing or as otherwise specifically set forth in these Terms of Use, including with respect to the indemnification obligations contained herein in favor of the GoForward Parties, we hereby expressly agree that there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, including, without limitation, any Provider, and, except as specifically set forth in these Terms of Use, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under these Terms of Use.
If you have any questions or concerns about these Terms of Use, please contact us at info@goforward.com. We will attempt to respond to your questions or concerns promptly after we receive them.
These Terms of Use were last updated on 8/17/20.