IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HERE, YOU MAY NOT USE THIS SERVICE.
No Practice of Medicine
Pebble may connect you to physicians, healthcare providers, and other providers (collectively the “Participants”), but information Pebble provides on or through the Service is not intended to be, and must not be taken to be, the practice of medicine or the practice of other healthcare services by Pebble. Use of the Service does not create a physician/patient or provider/patient relationship with Pebble. Content on this Service is not a substitute for advice furnished by a qualified healthcare provider. Pebble is not recommending or endorsing any specific treatment, test, diet regimen or other clinical information that your health care provider may recommend.
Use of the Service by Minors
You acknowledge that any communications arising out of your use of this Service or other component thereof are not guaranteed to be secure or confidential methods of communications. You expressly waive any obligation of Pebble and its directors, officers, employees, and agents to guarantee confidentiality with respect to correspondence using such communications.
You further acknowledge that any and all such communications may become part of your medical records. By providing personal communication information to Pebble, including, but limited to, phone number, email address, or physical address, you authorize Pebble and/or any Participants making use of the Service to communicate with you by any such methods regarding your “protected health information” (PHI) (as that term is defined in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and any amendments and implementing regulations thereto). By furnishing your email address and phone number to Pebble, you acknowledge that:
- (a) E-mail and SMS (text message) communications are not necessarily a secure medium for sending or receiving PHI and there is always a possibility that a third party may gain access;
- (b) Although Pebble requires Participants making use of the Service to make reasonable efforts to keep e-mail and SMS (text message) communications confidential and secure, neither Pebble nor such Participants can assure or guarantee the absolute confidentiality of these communications;
- (c) In the discretion of the Participants making use of the Service, email and SMS (text message) communications may be made a part of your permanent medical record; and,
- (d) You understand and agree that email and SMS (text message) are not appropriate means of communication regarding emergency or other time-sensitive issues or for inquiries regarding sensitive information.
In the event of an emergency, or a situation in which you could reasonably expect to develop into an emergency, you must immediately call 911 or the nearest emergency room, and follow the directions of emergency personnel.
Neither Pebble nor any Participant making use of the Service will be liable to you for any loss, cost, injury, or expense caused by, or resulting from, a delay in responding to you as a result of technical failures, including, but not limited to, (i) technical failures attributable to any internet service provider, (ii) power outages, failure of any electronic messaging software or failure to properly address email messages, (iii) failure of Pebble’s or such Participant’s computers or computer network, or faulty telephone or cable data transmission, (iv) any interception of communications by a third party; or (v) your failure to comply with the guidelines regarding use of communications set forth in this paragraph.
Proprietary Rights in Service Content
Pebble retains all copyright and other proprietary rights in the contents of this Service (the “Content”). Elements of the Content are protected by copyright, trade dress and other laws, and may not be copied or imitated in whole or in part. Nothing shall be construed as granting you any license under any patent, trademark or copyright of Pebble or any third party. Certain portions of the Service may contain information supplied and updated by third parties, or include links to third-party sites. Pebble is not responsible for, and makes no warranty as to the accuracy of, such information or sites.
Pebble claims no ownership in, nor any affiliation with, third-party trademarks or brand names that may appear on this site. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of Pebble should be inferred from their use. You are not permitted to use the trademarks displayed on the Service without the prior written consent of Pebble or the third party that may own the trademarks.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Pebble’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content contained in the Service or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.
Pebble uses a third-party vendor for credit card processing. By using the Services, you expressly authorize Pebble to communicate with its third-party vendor about your account for purposes of credit card processing.
The following trademarks are property of Pebble: Pebble™ These marks may not be used without our consent on any product or service, except our own.
Links to Other Websites/Services
The Service may contain links to other third-party websites and services. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked by us for the quality, fitness, suitability, accuracy, appropriateness or completeness of the information, content, materials, products or services that are otherwise presented or made available through, or the privacy practices of, such websites. Inclusion of any linked website on or through the Service does not imply approval or endorsement of the linked website by us. If you decide to leave this Service and access these third-party websites, you do so at your own risk. Pebble shall not be responsible for any claims, damages or losses caused or alleged to have been caused by the use of any third party websites or services or from the information, content, materials, products, or services presented by or made available through those websites or services.
Limitation of Liability
Pebble, its affiliates and any of its, or their, directors, officers, employees or agents shall not, under any circumstances, be liable for direct, consequential, incidental, indirect or special damages of any kind, or any other damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, and whether resulting from the use or inability of use of any contents of the Service (or a website linked to the Service), or any other cause, even if such cause involves negligence, or if we have been apprised of the likelihood of such damages occurring.
The above limitation, or exclusion, may not apply to you to the extent that applicable law prohibits the limitation or exclusion of liability for incidental or consequential damages.
EXCEPT AS SET FORTH HEREIN, IN NO EVENT SHALL PEBBLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE CLAIMS, LOSSES, OR DAMAGES WHETHER ARISING FROM AN ACTION IN CONTRACT, TORT OR OTHERWISE, RELATED TO OR IN CONNECTION WITH THIS SERVICE AND COMPONENTS THEREOF OR FAILURE TO ACCESS THIS SERVICE AND COMPONENTS THEREOF.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT PEBBLE DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY PERSONAL INFORMATION. PEBBLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PEBBLE MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED OR ACCESSED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
ADVICE, RECOMMENDATIONS, AND OTHER INFORMATION (COLLECTIVELY, “INFORMATION”) PROVIDED BY PARTICIPANTS USING THE SERVICES OF PEBBLE ARE NOT ENDORSED, VETTED, OR APPROVED BY PEBBLE IN ANY WAY. YOUR USE OF ANY SUCH INFORMATION IS AT YOUR OWN RISK. ANY DISPUTES OR CLAIMS IN CONNECTION WITH SUCH INFORMATION ARE SOLELY BETWEEN YOU AND THE PARTICIPANT PROVIDING SUCH INFORMATION.
EXCEPT FOR INFORMATION PROVIDED BY PARTICIPANTS TO YOU, NOTHING ON THIS SERVICE OR OTHER COMPONENTS THEREOF IS INTENDED AS MEDICAL ADVICE OR ANY OTHER KIND OF ADVICE WHATSOEVER. PEBBLE MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THIS SERVICE. PEBBLE MAKES NO WARRANTY WHATSOEVER AS TO THE AVAILABILITY OF CONTENT OF THE SERVICE OR THE ENTIRE SERVICE ITSELF.
PEBBLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS DO NOT WARRANT THAT THIS SERVICE, AND ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES USED IN CONNECTION WITH THIS SERVICE WILL BE ACCURATE, TIMELY, RELIABLE, ADEQUATE, USEFUL, SECURE, UNINTERRUPTED, ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL OR UNWANTED COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Waiver of Jury Trial and Class Actions
Intellectual Property. This Service and components thereof, including, but not limited to, text, images, audio, audiovisual content, source code, applets, web modules, and downloadable and web-enabled programs used in connection with this Service constitute the intellectual property and proprietary content of Pebble and/or its licensors and are protected under United States and international copyright, trademark, trade secret, and other intellectual property laws, where applicable. Except as expressly authorized in writing by Pebble in each specific instance, you agree not to modify, rent, lease, copy, publish or republish, loan, sell, transmit, distribute, or create derivative works based on this Service or any components provided in connection with or obtained from this Service, in whole or in part for any purpose whatsoever.
Pebble and its licensors grant you a personal, non-transferable and non-exclusive right and license to use this Service. You agree not to access this Service by any means other than through the interface that is provided by Pebble for doing so. No transfer or grant of any intellectual property is made or implied by this license and Pebble reserves all rights in such intellectual property.
Notwithstanding anything to the contrary, Pebble has the right though not the obligation to, in the sole and exclusive discretion of Pebble, to do the following: (i) remove any content or information that, in the sole and exclusive discretion of Pebble, is inappropriate, unlawful, or otherwise could subject Pebble to liability, or (ii) terminate or deny access to and use of this Service to any individual or entity for any reason or no reason whatsoever, in the sole discretion of Pebble. In either instance, Pebble shall have no obligation to provide a refund of any amounts previously paid by such individual or entity to Pebble.
Unless Pebble specifically agrees in writing, you shall not and you shall ensure that any third party does not do any or all of the following in connection with this Service or components thereof: (a) sell, resell, lease, or share access with a third party; (b) attempt to decompile, disassemble, or reverse engineer the components provided in connection with or obtained through this Service; or (c) attempt to create a similar service or a competitive service through use of, or access to, this Service.
Pebble’s word marks, design marks, and slogans, which include Pebble, are either registered and/or unregistered common law trademarks and/or service marks ("Marks") of Pebble or its licensors. No display or use of such Marks may be made without the express written permission of Pebble.
Pebble respects the intellectual property rights of others. If you believe that any item or activity taking place in connection with this Service may constitute infringement of an intellectual property or other proprietary right, please notify us. Pebble shall respond to any such notices, including notices in accordance with the Digital Millennium Copyright Act (“DMCA”), under the US copyright law. As required or appropriate under the DMCA, Pebble shall also remove the infringing material or disable links to infringing material as required.
Pebble shall have the right but not the obligation to terminate or deny access to and use of this Service to anyone who is deemed to be infringing copyright laws in the sole and exclusive discretion of Pebble. In such an event, Pebble shall have no obligation whatsoever to provide a refund of any amounts previously paid by such individual or entity to Pebble.
Please send the DMCA notice with regard to infringing material or links to infringing material to the following address:
c/o Legal Department
11301 Amherst Ave.,
Silver Spring, MD. 20902
Any idea or information transmitted to Pebble shall belong to Pebble for the sole and exclusive use of Pebble and may be used by Pebble for whatever purpose Pebble desires, such as for a commercial purpose, without compensation being paid by Pebble.
Use of Service
Stock Photography and Images
Photographs of individuals on this Service do not necessarily express or imply that the individuals are associated with or endorse the services rendered by Pebble or the Participants making use of the Service. Favorable comments or endorsements are noted accordingly, but do not guarantee, or otherwise imply, any future outcomes or successes in connection with your use of the Service or services furnished by the Participants making use of the Service.
By accessing the Service, you and Pebble agree that all matters relating to your access to, or use of, the Service shall be governed by the statutes and laws of the State of Maryland, without regard to its conflicts of laws principles. You and Pebble also agree, and submit to the exclusive personal jurisdiction and venue of the courts of the State of Maryland with respect to such matters. Pebble makes no representation that materials contained in the Service are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative, and are responsible for compliance with applicable local laws.
11301 Amherst Ave.,
Silver Spring, MD. 20902
Telephone: (240) 560-2131