# Scarlet Plus Terms of Service
Last Updated: September 15, 2023
THIS SITE IS NOT INTENDED FOR USE IN THE EVENT OF A MEDICAL EMERGENCY. YOU AGREE THAT YOU WILL SEEK CARE ELSEWHERE OR DIAL 911 IN THE EVENT OF A MEDICAL EMERGENCY.
These Terms of Service ("Terms"), **which include, without limitation, an agreement to arbitrate and a consent to electronic communications**, govern your access and use of all of the services made available to you by or through Scarlet Plus, Inc. ("Scarlet Plus," "we," "us," or "our"), including without limitation through our mobile application, and through any and all designated web addresses owned and operated by or through us, and including without limitation participation in the Scarlet Plus Membership offering and related services (“Scarlet Plus Membership” or “Membership”) (altogether, such services are collectively referred to herein as the "Service(s)").
These Terms, including our [](https://www.scarletplus.com/privacy-policy)
[Privacy Policy](https://www.scarletplus.com/privacy-policy)
, are the entire agreement between you ("you") and Scarlet Plus with respect to your access to and use of the Service. By accessing or using the Service, you agree that you have read and understand these legal documents; If you do not agree, do not access or use the Service.
**Acceptance of Terms and Agreement.** These Terms, including our [](https://www.scarletplus.com/privacy-policy)
[Privacy Policy](https://www.scarletplus.com/privacy-policy) , are the entire agreement between you ("you") and Scarlet Plus with respect to your access to and use of the Service (collectively, these legal documents constitute the “Agreement”). Carefully read the Agreement before using the Service. Use of the Service indicates you have read, understand and accept the terms of the Agreement.
**ARBITRATION NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. YOU HEREBY KNOWINGLY AND VOLUNTARILY AGREE THAT, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE SECTION ENTITLED “ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY” BELOW, ALL DISPUTES BETWEEN YOU AND Scarlet Plus WILL BE REScarletED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE THE RIGHT TO ASSERT ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS IN ANY COURT, EXCEPT AS EXPRESSLY PROVIDED BELOW. YOU ALSO KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU FURTHER ACKNOWLEDGE THAT YOU ARE ENTERING INTO THESE TERMS VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS WHATSOEVER EXCEPT THOSE CONTAINED IN THESE TERMS THEMSELVES.**
**THIS ARBITRATION NOTICE AND THE ARBITRATION AGREEMENT SET FORTH BELOW AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.**
. We may collect certain information from your use of the Service as described in our [Privacy Policy](https://www.scarletplus.com/privacy-policy), which is incorporated into these Terms by this reference. Your use of the Service constitutes your consent to the information collection, use, and sharing as described in our Privacy Policy.
**Modification of Terms/Agreement/Service.** We reserve the right to modify these Terms and the Agreement at any time. All changes will be effective immediately upon posting to the Service and, by accessing or using the Service after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Service or otherwise communicated to you.
We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one or any part of the existing Services. Under no circumstances will Scarlet Plus be liable for any suspension or discontinuation of any of the Services or portion thereof, and any use of new services will be governed by this Agreement.
**Limited License.** Provided you comply with these Terms, Scarlet Plus grants you a limited, revocable, nontransferable, nonassignable, nonsublicensable, nonexclusive license to access and use the Service in the United States solely for your own personal and noncommercial purposes.
**Intellectual Property Rights.** The Service, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of Scarlet Plus or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Scarlet Plus or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Service may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as expressly described in these Terms, no licenses or other rights, express or implied, are granted by Scarlet Plus to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Scarlet Plus.
**Restrictions on Your Use of the Service; Compliance with Laws.**
1. You may download and print one copy of the Service's visible content for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices.
2. You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Service or any part of the Service without the prior written consent of Scarlet Plus. You may not use the Service for unlawful purposes. You may not access, use, or copy any portion of the Service or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You may not use the Service to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. User activities that aim to render the Service or associated services inoperable or to make their use more difficult are prohibited. You may not submit inaccurate information via the Service, commit fraud or falsify information in connection with your use of the Service, or act maliciously against the business interests or reputation of Scarlet Plus.
3. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Service.
**Your Account.** You must be at least 18 years of age to use our Services or to create a Scarlet Plus account. If you are using our Services on behalf of a minor, you represent and warrant that you are the parent or legal guardian of the minor and that all references to you in these Terms will apply to you on behalf of yourself, and of the minor. While you can request appointments with health care providers through the Service without creating a Scarlet Plus account, you will be required to create an online Scarlet Plus account in order to save your profile and to take advantage of other features of the Service, which may include without limitation the ability to save, store and access certain personal information including without limitation certain personal health information. You will be required to submit certain information in order to set up your account, including your mobile telephone number, which will be used to log in to your account via two-factor authentication with a one-time PIN provided by Scarlet Plus to you via text message. In connection with setting up your account and continuing use of the Service, you authorize your wireless carrier to use or disclose information about your account and/or your wireless device, if available, to Scarlet and/orScarlet's service provider in order to identify you or your wireless device. Please see [Privacy Policy](https://www.Scarlethealth.com/privacy) for how we treat your data.
You are responsible for maintaining the confidentiality of any information you use in connection with the Service, including those PINs. In connection with your access to and use of the Service and that of any person authorized by you to access and use the Service on your behalf, you are responsible for complying with all applicable laws, regulations and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. You warrant that all information you provide to Scarlet Plus in connection with your access to and use of the Service is true, accurate, and complete to the best of your knowledge and belief. If you submit the personal information of any person other than yourself in setting up profiles in your account or otherwise in using the Service, you warrant that you have that person's permission to provide Scarlet Plus with that information. Scarlet Plus reserves the right, in its sole discretion, to terminate your use of the Service for any reason without notice or liability, including for the unauthorized use of your mobile telephone and the PINs provided by Scarlet Plus and your breach of these Terms.
**Consent to Electronic Communications**
**Text messages and emails from Scarlet Plus.**While it is not necessary to create an online Scarlet Plus account to generally search for or request appointments with health care providers, you will be required to create an online Scarlet Plus account and to provide us with your mobile telephone number to save your profile and take advantage of other Service features. By using the Service, you hereby agree to receive communications from Scarlet via email or text regarding the Service. Message and data rates may apply to texts.
Scarlet Plus may send you text messages or emails pertaining to appointments that you have booked via the Service (e.g., appointment reminders and live waitlist updates) and any follow-up appointments, whether or not you have an online Scarlet Plus account. We may also send you invitations via text message or email to review a health care provider that you have visited and other messages for business or marketing purposes, including messages regarding our Service.
You may choose to: a) stop receiving text messages from Scarlet by replying “STOP” to any text message you receive; and b) stop receiving marketing emails from Scarlet by clicking “unsubscribe” at the bottom of the email, but opting out of receiving text messages and/or emails may impact your ability to access and use your online Scarlet Plus account and other offerings via the Service, including without limitation the Scarlet Plus Membership described below. Please be aware that if you choose to stop receiving certain marketing emails or text messages, you may still receive certain important non-marketing messages related to your appointments or about your Scarlet Plus account or, if applicable, Membership.
**Text and email messages from your health care providers.** Health care providers using the Service may contact you via text messaging or email to remind you of an appointment and to provide general health/medication/insurance reminders and information and you hereby agree to receive such messages via text message or email.
By consenting to receive any electronic information from Scarlet or healthcare providers via text message or email, you understand these methods of communication may not be secure and there may be some level of risk that the information in the email or text message could be read by a third party or be otherwise subject to unauthorized access or use. You are advised not to share personal health information via insecure text message or insecure email.
Scarlet and health care providers using the Service to send messages are not responsible for unauthorized access of protected health information while in transmission to the individual based on the individual's request. Furthermore, Scarlet and health care providers are not responsible for safeguarding information once delivered to the patient. By agreeing to these terms, you agree to receive insecure text messages at your given phone number or any number forwarded or transferred to that number and to receive insecure emails. The consent to receive text messages or email will apply to all future appointment reminders/feedback/health/medication information and other communications unless you request Scarlet or the health care provider, as applicable, to stop sending the messages by replying "STOP" to a text message, unsubscribing from email, or other method designated by the health care provider or our Service. Please be aware that if you choose to stop receiving certain marketing emails or text messages, you may still receive certain important non-marketing messages related to your appointments or about your Scarlet Plus account or, if applicable, Membership.
If you are not the intended recipient of any text messages or emails sent by Scarlet or the healthcare providers using the Service, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited and you should promptly delete this information. Also, if you are not the intended recipient to text messages please reply "STOP" to any such text messages you receive.
**Risks of telehealth**
You may be able to utilize and access certain telemedicine services offered by third party healthcare providers through the Services. Scarlet is not a healthcare provider, insurance provider, or a prescription fulfillment warehouse. In providing access to these telemedicine services, Scarlet’s role is limited to making certain telehealth related information available to you and/or facilitating your access to telemedicine services provided by health care providers through the Scarlet platform. Scarlet is not responsible for such healthcare providers’ acts or omissions, or for any content of your communications with them. Scarlet is independent of the healthcare providers and does not employ or otherwise exercise any control over the medical services provided by healthcare providers, regardless of whether they offer telemedicine services through the Scarlet Services or platform.
Telehealth, sometimes referred to as telemedicine, involves the delivery of health care services using electronic communications, information technology, or other means between a medical provider and a patient who are not in the same physical location. Telemedicine may be used for advice, diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to:
- Electronic transmission of medical records, photos/images, video, audio files, personal health information, or other data between a patient and by or on behalf of a healthcare provider;
- Interactions between a patient and medical provider via audio, video, chat and/or asynchronous data communications; and
- Use of output data from medical devices, sound, images, photographs, and video files.
Telehealth services are not a substitute for in-person health care in all cases. As with any medical service, there are potential risks associated with the use of telehealth. These risks may include but are not limited to the following: data or information exchanged may be insufficient to allow for appropriate medical care or advice by the applicable healthcare provider; electronic transmission delays or errors may cause delays in your care and treatment; lack of or inadequate access to your applicable medical records or history may result in adverse drug interactions or other errors; and technology security protocol failures may result in insecure transmission or disclosure of personal health information.
By utilizing any Service involving telehealth, including without limitation any telehealth offered through a Scarlet Plus Membership as defined below, you acknowledge that you understand the risks and benefits of telehealth, you have received adequate answers to any questions you have about the use of telehealth, and you consent to the use of telehealth in the delivery of these health care services to you through the Service.
**Scarlet Services are Not Insurance.** Scarlet is not an insurer. The Services, including without limitation the Scarlet Plus Membership described below, do not constitute insurance products and amounts paid to Scarlet do not constitute insurance premiums.
**Administrative Fees.** When you access virtual or, if applicable, in person care through the special rates offered via the Scarlet Plus Membership (described below) or other similar offerings on the Service, Scarlet may process a separate payment from you, via the Service, which may include the following: (i) a portion of the payment attributable to the medical or healthcare service shall be paid to the applicable independent healthcare provider, (ii) a portion of your payment may be retained by Scarlet Plus as an administrative fee associated with the costs of operating the Scarlet Service and/or Scarlet Plus Membership, and (iii) a portion of the fee may be paid to Scarlet Health’s payment processor.
**NO WARRANTY.** THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND. Scarlet Plus MAKES COMMERCIALLY REASONABLE EFFORTS DESIGNED TO ENSURE THAT ALL DATA, INFORMATION, AND MATERIAL ON THE SERVICE IS ACCURATE AND RELIABLE, BUT ACCURACY CANNOT BE GUARANTEED. Scarlet Plus DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICE NOR ANY CONTENT THEREOF. Scarlet Plus DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. Scarlet Plus IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SERVICE.
Scarlet Plus IS NOT A HEALTH CARE PROVIDER AND IS NOT A COVERED ENTITY UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND ANY REGULATIONS PROMULGATED THEREUNDER ("HIPAA"). TO THE EXTENT Scarlet Plus CREATES, RECEIVES, MAINTAINS, OR TRANSMITS PROTECTED HEALTH INFORMATION, AS THAT TERM IS DEFINED UNDER HIPAA, Scarlet Plus WILL ONLY ACCESS, USE, OR DISCLOSE PROTECTED HEALTH INFORMATION AS PERMITTED BY APPLICABLE FEDERAL AND STATE LAWS, INCLUDING HIPAA IF AND TO THE EXTENT APPLICABLE, AND PURSUANT TO ANY CONTRACTUAL OBLIGATIONS Scarlet Plus HAS WITH HEALTH CARE PROVIDERS, IF AND ONLY TO THE EXTENT THAT SUCH OBLIGATIONS ARE APPLICABLE TO THE PROTECTED HEALTH INFORMATION. Scarlet Plus IS NOT RESPONSIBLE FOR THE ACTIVITIES OR OMISSIONS OF HEALTH CARE PROVIDERS AS IT RELATES TO HOW THEY RETAIN, SECURE, USE, OR DISCLOSE PROTECTED HEALTH INFORMATION. Scarlet Plus AIMS TO PROVIDE YOU WITH ACCURATE AND UP-TO-DATE INFORMATION ABOUT AVAILABLE HEALTH CARE PROVIDERS IN YOUR AREA, AS WELL AS INFORMATION ABOUT YOUR INSURANCE SHOULD YOU UTILIZE THAT FUNCTION OF THE SERVICE; HOWEVER, Scarlet Plus DISCLAIMS ANY IMPLIED WARRANTY OR REPRESENTATION, AND MAKES NO GUARANTY, ABOUT THE ACCURACY OR COMPLETENESS OF HEALTH CARE PROVIDER INFORMATION OR INSURANCE INFORMATION ON THE SERVICE. ADDITIONALLY, THE MENTION OF A PARTICULAR HEALTH CARE PROVIDER ON THE SERVICE DOES NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY Scarlet Plus, AND THE RATINGS FOR EACH HEALTH CARE PROVIDER ARE AGGREGATED AND AVERAGED THROUGH PATIENT REVIEWS/FEEDBACK AND DO NOT REFLECT THE OPINIONS OF Scarlet Plus.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Scarlet Plus EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE OR THE CONTENT THEREOF, INCLUDING THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. Scarlet Plus HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SERVICE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SERVICE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM Scarlet Plus OR IN ANY MANNER FROM THE SERVICE CREATES ANY WARRANTY.
**LIMITATION OF LIABILITY AND RELEASE.** TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL Scarlet Plus, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF OR INABILITY TO USE THE SERVICE (INCLUDING THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE SERVICE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF Scarlet Plus HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SERVICE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL Scarlet Plus'S LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AS MAY BE AMENDED), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.
**Indemnification.** You will indemnify, defend, and hold harmless Scarlet Plus, its affiliates, and its and their respective directors, officers, employees, representatives, consultants, agents, suppliers, and licensors from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, damages, expenses, and costs (including reasonable attorneys' fees) that arise out of or in connection with your access to or use of the Service, your misuse of any material, data, or other information downloaded or otherwise obtained from the Service, your appointment requests made through the Service, your violation of applicable laws or regulations, or your violation of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
**Third-Party Web Sites.** The Service may link to, or be linked to, web sites not maintained or controlled by Scarlet Plus. Those links are provided as a convenience and Scarlet Plus is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party web site or any products or services made available through those web sites. Please take care when leaving the Service to visit a third-party web site. We encourage you to read the terms of use and privacy policy for each web site that you visit.
**Third-Party Partners.** From time to time, the Service may also link to third-party partner (“Third Party Partners”) web sites that are co-branded by Scarlet Plus and third parties. Such web sites may allow you to purchase or access certain tests, products or services through such Third Party Partners or directly through us in conjunction with such Third Party Partners. In these instances, Scarlet Plus may have certain financial arrangements or payments that we receive or make in connection with our collaboration with our Third Party Partners. In some circumstances, such financial or payment disclosures may be provided or accessible to you at the time of payment.
**Health Care Services Disclaimer.** We are not a medical or health care services provider or lab services provider and do not provide medical or health care or lab services or advice including, but not limited to, emergency or urgent medical services. None of the Service content (other than certain information you may receive directly from health care professionals) should be considered medical advice or an endorsement, representation or warranty that any particular treatment or medication is safe or effective, for you. Scarlet Plus, Inc. does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by health care professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Scarlet nor any third parties who promote the Service or provide you with a link to the Service shall be liable for any professional advice you obtain from a health care professional via the Service and are not responsible for any reliance or non-reliance on any information receive from your medical services or health care services provider through our Service.
**Note to Covered Members of Health Plans.** As part of the Service, we may offer you the ability to provide certain health plan information to us and the opportunity to view or access certain information available to Scarlet from third parties regarding applicable deductibles, co-pays, and other terms. This Service is offered by Scarlet as a convenience to you. Such information is not within Scarlet’s control, is subject to change at the discretion of the third party and Scarlet makes no representation regarding the completeness or accuracy of such information at any given time. You should not rely upon such information in your healthcare decisions, and you are encouraged to contact your health plan directly to confirm such information. To the extent you book and access medical services directly from a health care provider through our Service, it is your sole responsibility to work directly with the provider to determine if, whether and to what extent such medical services may be covered by your applicable insurance and Scarlet makes no representations or warranties in that regard, nor does it assume any responsibility for billing any insurer or health plan.
By agreeing to use the Services, you acknowledge and agree that you will be financially responsible for any medical services and products provided to you through Scarlet or its Third Party Partners, and Scarlet is not obligated to provide you with any information that may be necessary for you to seek reimbursement, if any, from any applicable health plan.
**Force Majeure.** Scarlet Plus will not be liable to you for any delay or other failure to perform under these Terms that is due to causes beyond Scarlet Plus's control, including acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, and other extraordinary elements of nature.
**Audit.** Scarlet Plus and its designated representatives may, at their expense, audit, examine, and make copies of data, documents, information, and other records in your possession or control that relate to or concern the Service in order to determine your compliance with these Terms.
**Feedback.** Scarlet Plus welcomes comments regarding the Service. If you submit comments or feedback to us regarding the Service, they will not be considered or maintained as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
**Governing Law.** These Terms are governed by the laws of the state of Delaware, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in San Francisco, California, with respect to any dispute arising under these Terms unless otherwise determined by Scarlet Plus in its sole discretion and the parties expressly agree to the exclusive jurisdiction of those courts.
**Assignment.** We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.
**Third-Party Beneficiaries.** These Terms do not confer any rights, remedies, or benefits upon any person other than you and Scarlet Plus, except that our affiliates are third-party beneficiaries of these Terms.
**Survival.** Any provisions of these Terms that are intended to survive termination (including any provisions regarding releases, indemnification, limitation of our liability, or arbitration) will continue in effect beyond any termination of these Terms or of your access to or use of the Service.
**Interpretation.** Scarlet's failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Scarlet Plus. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be considered severable from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms will inure to the benefit of Scarlet Plus's successors and assigns.
**Notices.** All notices, consents, requests, demands, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: (i) upon delivery if personally delivered with fees prepaid, including by a recognized courier service; (ii) upon receipt if delivered by certified or registered United States mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, (iii) by electronic mail. Notices sent to Scarlet Plus should be sent to support@scarletplus.com Where notices are sent to you, Scarlet Plus shall use the contact information we have on file for you and associated with your account.
**Electronic Communications.** These Terms and any other documentation, agreements, notices, or communications between you and Scarlet Plus may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
**Contact Us.** Please direct any questions and concerns regarding these Terms to us by email at support@scarletplus.com .