Terms of Use

Last Updated: April 12, 2022

Pinch Med, Inc. (“Pinch”) provides a website and a mobile app for use on iPhone and Android which are referred to collectively in this policy as the “Site”.

Users of our Site generally fall into one of two categories: those who intend to use the services Pinch provides (“Clients”) and those that will provide those services (“Providers”). These two groups are collectively referred to herein as “Users”. Our Site allows:

  • Clients to submit health-related information and Providers to view such information;
  • Clients and Providers to communicate with one another; and
  • Clients to schedule our services

The information provided on the Site is not a substitute for the advice of a personal physician or other qualified healthcare professional. Users are advised to never disregard professional medical advice or delay in seeking it because of something a User may have read on the Site.

Agreement

BY USING THE SITE, USERS SIGNIFY THEIR AGREEMENT TO THESE TERMS OF USE. IF USERS DO NOT AGREE TO THESE TERMS OF USE, THEY ARE DIRECTED TO CEASE USE OF THE SITE IMMEDIATELY.

Using secure messaging

Pinch provides Users with a number of interactive online services to help them better communicate with one another. These services may include (but are not limited to):

  • Email messaging
  • Text chat
  • Video chat

Users agree that they will not upload or transmit any communications or content of any type (including secure messaging) that infringe upon, misappropriate or violate any rights of any party.

All personal information Users submit to the Site is governed by Pinch’s Privacy Policy (a link to this policy is at the bottom of each page on our Website).

Pinch Mobile Application: “Jailbreaking” the mobile operating system

The Pinch Mobile Application is intended for use only on a mobile device that is running an unmodified manufacturer-approved operating system. Using the Pinch Mobile Application on a device with a modified operating system may undermine security features that are intended to protect User information from unauthorized or unintended disclosure. A User may compromise their information, if a User uses the Pinch Mobile Application on a mobile device that has been modified. Use of the Pinch Mobile Application on a mobile device with a modified operating system is a material breach of these Terms of Use.

Passwords

Pinch has several tools that allow Users to record and store information. Users are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to their Pinch online password or account. It is a User’s sole responsibility to (1) control the disclosure and use of a User’s activation codes, password reset codes and password; (2) authorize, monitor, and control access to and use of a User’s Pinch online account and password; and (3) promptly change a User’s password if a User’s feel it has become compromised; and (4) promptly inform the Site manager of any need to deactivate an account entirely.

Breaches of these Terms of Use

In consideration of being allowed to use the Site interactive services, Users agree that the following actions shall constitute a material breach of these Terms of Use:

  • Signing on as or pretending to be another person;
  • Using messaging (unsecure or secure) for any purpose in violation of local, state, national, international laws or posted Pinch policies;
  • Transmitting material that infringes or violates the intellectual property rights of others or the privacy or publicity rights of others;
  • Transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including Pinch personnel);
  • Using interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;
  • Collecting information about others, including email addresses
  • Intentionally distributing viruses or other harmful computer code
  • Attempting to (1) probe, scan, “hack”, or test the vulnerability of the Site or any Pinch system or network; or (2) breach any security or authentication measures on the Site or any Pinch system connected to either the Site;
  • Using any “deep-link”, “page-scrape”, “robot”, “spider”, data mining tools, data gathering and extraction tools, or other automatic device, program, algorithm or methodology, to (1) access, acquire, copy or monitor any portion of the Site, or (2) in any way reproduce or circumvent the navigational structure or presentation of the Site
  • “Jailbreaking” the operating system of a mobile device using the App

Pinch expressly reserves the right, in its sole discretion, to terminate a User’s access to any interactive services and/or to any or all other areas of the Site due to any act that would constitute a violation of these Terms of Use. To the extent there is an inconsistency between these Terms of Use and the Website and Pinch’s Privacy Policy, these Terms of Use shall govern.

Pinch may offer interactive areas of the Site under license with Third Party software service providers. These Terms of Use extend to and apply to Users’ use of our licensors’ software. Our licensors are direct third-party beneficiaries of applicable rights under these Terms of Use. By using our licensor’s software, each User agrees to be bound directly to Pinch’s licensors with respect to each Users’ compliance with these Terms of Use. Pinch may directly enforce the licensors’ rights under these Terms of Use on the licensors’ behalf or a licensor may enforce its rights under these Terms of Use directly against Users who breach these Terms of Use.

Communications by email

By accepting these Terms of Use, each User agrees to receive essential communications by email. These communications may include (but are not limited to):

  • Notification that an important message awaits a User on the Site (this may be a message from a Provider to a Client, a message from a Client to a Provider, an appointment confirmation, etc.);
  • Customer service communications; and
  • Site and service updates

If a User forgets their Website password, among the available methods for resetting a User’s password is the option to choose to have a one-time password reset code sent to the email address the User provided to us when they registered for the Website. To protect each User’s privacy, Pinch recommends that Users not use an email address that is shared with anyone else. To update a User’s email address, sign on to the Website and select the Account Settings.

Communications by Phone or Text

Each User verifies that any phone information provided to Pinch is true and accurate, and that they are the current subscriber or owner of any telephone number that they provide.

Each User acknowledges that by voluntarily providing their telephone number(s), they expressly agree to receive prerecorded voice messages, and/or autodialed calls and text messages from Pinch, Pinch agents, affiliates, and independent contractors related to the User’s relationship with Pinch. Each User acknowledges that automated calls or text messages may be made to their telephone number(s) even if their telephone number(s) is registered on any state or federal Do Not Call list. Each User agrees to receive automated calls and text messages from Pinch, our agents, affiliates, and independent contractors even if the User cancels their account or terminates their relationship with Pinch, except if they opt-out (see below).

The text message communications that Users may receive from Pinch may include (but are not limited to):

  • A one-time, multi-factor authentication (MFA) passcode sent to a User after they have opted-in to receiving such a code to authenticate their logging onto the Site;
  • General communications from Pinch including but not limited to notifications regarding upcoming or scheduled appointments, pre-procedure and post-procedure instructions, and general follow up;
  • General communications relating to a User’s account, registration, changes and updates, service outages, reminders, billing notifications, payment notices, new services available to Clients, or any transaction with Pinch; and
  • Marketing and promotional communications.

At any time, and even if a User has expressly given Pinch permission to send voice/text messages to them, they may communicate their desire not to receive additional voice/text messages by following the stop or opt-out instructions in the voice or text message, by adjusting their preferences on the Website (for only certain categories of communications), or by contacting Pinch directly.

Each User acknowledges that Pinch is not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to Users from Pinch and to Pinch from Users. If Users have any questions about their text plan or data plan, it is best to contact their wireless provider.

Users acknowledge that they are aware text messages are not fully secure and could be intercepted by a third party and acknowledge if they share their mobile device with others, they may be able to view text messages sent by Pinch. It is each User’s responsibility to understand the risks of receiving text messages on their mobile device. To update a User’s mobile phone number, sign on to the Website or contact Pinch directly.

Access, correction, and data integrity

Although Pinch attempts to maintain the integrity and accuracy of the information on the Site, Pinch makes no guarantees as to its correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Site by third parties without Pinch’s knowledge. If a User believes that information found on the Site is inaccurate or unauthorized, the impacted User is directed to inform Pinch by contacting the Pinch Site Admin.

Revisions, changes, and updates

Pinch may revise the information on the Site or otherwise change or update the Site, including these Terms of Use, without notice to Users. Pinch may also make improvements and/or changes in products and/or services described on the Site or add new features at any time without notice. Pinch encourages Users to periodically read these Terms of Use to see if there have been any changes to our policies that may affect them. A User’s continued use of the Site will signify that User’s continued agreement to these Terms of Use as they may be revised.

Links to Third Party Websites

The Site may provide links to other websites that are not owned or controlled by Pinch (“Third Party Websites”). Pinch provides links to Third Party Websites to connect Users easily to additional sources of information or third party services that may be of interest to Users. Pinch may not have any business relationship with the party that controls this type of Third Party Website and a link to such a site is offered only as a convenience to Users.

Pinch may also provide links to Third Party Websites managed by vendors that Pinch has made arrangements with to offer Users services. These Third Party Websites may be co-branded, meaning that they display the Pinch logo and the logo of the Third Party vendor but they are owned and controlled by the Third Party.

Pinch is not responsible for the content, security or the privacy practices of Third Party Websites. Users should review the privacy statement and any terms of use of each Third Party Website Users visit, if applicable. Unless Pinch specifically advises Users otherwise, links to Third Party Websites do not constitute or imply endorsement by Pinch of those sites, the information they contain or any products or services they describe.

Disclaimer of Warranties

THE SITE, AND ANY CONTENT, INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON­ INFRINGEMENT. EACH USERS’ USE OF THE SITE IS VOLUNTARY, AND AT THEIR OWN RISK. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THE SITE DOES NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES PINCH MED, INC. PROVIDES UNLESS SPECIFICALLY STATED OTHERWISE.

Limitation of liability

PINCH AND ITS AFFILIATES, SUPPLIERS, LICENSORS AND OTHER THIRD PARTIES MENTIONED OR LINKED TO ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, AND ANY CONTENT, INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE, ANY APP TO WHICH EACH USER PERMITS PINCH MED, INC. TO RELEASE DATA (AND INCLUDING, WITHOUT LIMITATION, THE APP’S USE OF ANY DATA ANY USER MAKES AVAILABLE TO THE APP), AND/OR ANY THIRD PARTY WEBSITE, OR THEIR USE OF ANY OF THE FOREGOING, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS DESCRIBED IN THE FOLLOWING PARAGRAPH, A USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, APPS, AND/OR THIRD PARTY WEBSITES IS TO STOP USING THE SITE, APPS, AND/OR THOSE SERVICES.

Choice of law

THESE TERMS AND CONDITIONS ARE GOVERNED BY ILLINOIS LAW WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW.

Copyrights

Except as otherwise indicated, the Site and all content on the Site, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of Pinch or its licensors and is protected by United States and international copyright laws. Pinch allows Users to view or download a single copy of the material on the Site solely for their personal, noncommercial use.

The compilation of all content on the Site is the exclusive property of Pinch or, as applicable, its licensors, and is protected by United States and international copyright laws. Unless specifically authorized in writing by Pinch, any use of these materials, or of any materials contributed to the Site by entities other than Pinch, on any other website or networked computer environment for any purpose is prohibited.

Any rights not expressly granted by these Terms of Use or any applicable end-user license agreements are reserved by Pinch. Content and features are subject to change or termination without notice in the editorial discretion of Pinch.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If a User believes in good faith that materials appearing on the Site infringe their copyright, the User may send us a notice requesting that the material be removed, or access to it blocked.

In addition, if a User believes in good faith that a notice of copyright infringement has been wrongly filed against them, the DMCA permits the User to send Pinch a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office website, currently located at https://www.copyright.gov.

In accordance with the DMCA, Pinch has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:

Agent: Pinch Med, Inc. Compliance Department
Address: Pinch Med, Inc.
1200 North Ashland Avenue
Suite 507
Chicago, Illinois 60622
Email: Legal { a t } pinchmed {.} c o m – please replace the “{ a t }” with an “@” and “{.}” with a “.”, as we formatted it this way to prevent spambots.

Please note: If anyone materially misrepresents that online material, product, or activity is infringing their copyrights, they may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. Pinch suggests that Users consult a legal advisor before filing a notice or counter-notice.

Trademarks and service marks

“Pinch Med, Inc.”, “Pinch Med” and the Pinch logo are registered service marks of Pinch Med, Inc. Other proprietary marks of Pinch or third parties may be designated as such from time to time on the Site through use of the TM, SM, or ® symbols. Users of the Site are not authorized to make any use of the Pinch marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by Pinch or the applicable third party.

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