Terms of Use — Appa Health

Terms of Use

Welcome! This is a website offered by Appa Health, Inc., on behalf of itself and its affiliates (“ Appa Health,” “ we,” or “ us”). This Terms of Use Agreement, including the Privacy Policy {insert hyperlink}, which is incorporated herein by reference, sets forth a legally binding agreement between you (“ you” or “ your”) and Appa Health, and governs the terms by which you may use our website and/or our web-based or mobile applications (collectively, the “ Site”).

By accessing or using the Site, or by clicking to accept this Agreement when this option is made available to you, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Appa Health Privacy Policy {insert hyperlink} whether or not you are a registered user of our Site. This Agreement applies to all visitors, users, and others who access the Site (“ Users”).

Arbitration Notice and Class Action Waiver: This Agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

SMS Communications Terms

Consent to receive SMS messages is not a condition of enrolling in or participating in the Appa Health program. Participants who do not opt in to SMS will be contacted by phone or email instead.

By opting in to receive text messages from Appa Health during program enrollment, you agree to the following terms:

1. You will receive text messages from Appa Health staff (mentors, navigators, and clinical team) about program coordination, scheduling, Google Meet session reminders, and check-ins related to your participation in our youth mentorship program.
2. Message frequency varies, typically 1-10 messages per week per recipient depending on program phase.
3. Message and data rates may apply. Check with your mobile carrier for details.
4. To opt out at any time, reply STOP. You will receive a confirmation message and will not receive further messages from this number.
5. To re-subscribe, reply START.
6. For assistance, reply HELP, contact info@appahealth.com, or visit https://www.appahealth.com/sms-policy.
7. Message delivery depends on your mobile carrier and is not guaranteed. Appa Health does not share mobile information or opt-in data with third parties or affiliates for marketing or promotional purposes.

See our Privacy Policy at https://www.appahealth.com/privacy-policy for more information.

1. Use of our Site

A. Eligibility

This Agreement is a contract between you and Appa Health. You must read and agree to this Agreement before using the Site. If you do not agree to this Agreement, you may not use the Site. You may use the Site only if you can form a binding contract with Appa Health, and only in compliance with this Agreement and all applicable local, state, national, and international laws. By accessing or using the Site, you represent and warrant that you are at least the age of majority in your state of residence, and are legally entitled to enter into this Agreement. Any use or access to the Site by anyone under 13 is strictly prohibited and in violation of this Agreement.

B. Access to the Site

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site as permitted by the features of the Site. Appa Health reserves all rights not expressly granted herein in the Site and the Appa Health Content (as defined below). Appa Health may terminate this license at any time for any reason or no reason.

C. Site Rules

You may use the Site and all associated content solely for your personal use. You agree not to engage in any prohibited activities when accessing or using the Site, including:

• Copying, distributing, selling, or disclosing any part of the Site.
• Using automated systems to access the Site in a way that sends more requests than a human can.
• Transmitting spam, chain letters, or other unsolicited email.
• Interfering with the system integrity or security of the Site.
• Collecting or harvesting personally identifiable information.

Accessing audiovisual content available on the Site for personal purposes is prohibited unless explicitly allowed.

2. Our Proprietary Rights

The Site and all materials therein, including software, images, text, graphics, logos, and intellectual property rights related thereto, are the exclusive property of Appa Health and its licensors. You agree not to sell, license, rent, modify, distribute, copy, reproduce, or create derivative works from any Appa Health Content.

3. No Professional Advice

If the Site provides professional information, it is for informational purposes only and should not be construed as professional advice. You should seek independent advice in the applicable area.

4. Privacy

By using the Site, you consent to the collection, use, and disclosure of your personally identifiable information as set forth in our Privacy Policy.

5. Security

While we care about the integrity of your personal information, we cannot guarantee complete security against unauthorized access.

6. Accessibility

We strive to provide an excellent online experience for all our guests, including those with disabilities. If you have difficulty using the Site, please contact us at info@appahealth.com.

7. Third Party Links and Information

The Site may contain links to third-party materials that are not owned or controlled by Appa Health. Appa Health does not endorse or assume any responsibility for any such third-party sites.

8. Indemnity

You agree to indemnify Appa Health and its subsidiaries from claims arising from your use of the Site or any violation of this Agreement.

9. No Warranty

The Site is provided "as is" and "as available." Appa Health disclaims all warranties to the fullest extent allowed by law.

10. Limitation of Liability

Under no circumstances shall Appa Health be liable for any damages arising from your use of the Site, to the maximum extent permitted by law.

11. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

This Agreement shall be governed by the laws of California. A. Governing Law: Any disputes shall be resolved in California. B. Arbitration: For any dispute with Appa Health, you agree to resolve it through binding arbitration. C. Class Action/Jury Trial Waiver: All Claims must be brought in individual capacity and no class actions are permitted.

12. General

A. Assignment: This Agreement may not be transferred by you but may be assigned by Appa Health without restriction.

B. Notification Procedures and Changes: Appa Health may provide notifications via email or other means, and you must review this Agreement periodically.

C. Entire Agreement/Severability: This Agreement constitutes the entire agreement between you and Appa Health.

D. No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver.

E. California Residents: The provider of services is: Appa Health Inc, 686 Florence Ave. Oakland CA, 94618, info@appahealth.com.