We have updated our Terms of Use and Privacy Notice. Please read each one carefully. Your continued use of Modern Health’s websites and app constitutes your consent to the updated Terms of Use and Privacy Notice.

Modern Health Terms of Use

Last Modified: June 11, 2021
We have updated our Terms of Use. For new Users (as defined below), these Terms of Use will be effective as of February 9, 2021. For existing Users, these Terms of Use will be effective as of March 9, 2021. For the previous version(s) of these Terms of Use, please click here.

IN THE EVENT OF A MEDICAL EMERGENCY, CALL 911. DO NOT DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF CONTENT YOU HAVE READ ON THIS WEBSITE OR OBTAINED THROUGH OUR SERVICES. THIS WEBSITE DOES NOT CONTAIN MEDICAL ADVICE AND WE DO NOT MONITOR THIS WEBSITE OR COMMUNICATIONS FROM THIS WEBSITE FOR MEDICAL DIAGNOSTIC OR EMERGENCY HEALTH CARE PURPOSES.IF YOU ARE A USER HAVING YOUR USUAL RESIDENCE IN A LOCATION OTHER THAN THE UNITED STATES, YOUR USE OF THE SERVICES MAY BE SUBJECT TO THE APPLICABLE REGION ADDENDUM (DEFINED BELOW), WHICH APPLIES IN ADDITION TO THESE TERMS OF USE AND HAS PRECEDENCE OVER THESE TERMS OF USE IN CASE OF CONFLICT.

Subject to the Region Addendum, as applicable, these Terms of Use contain 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. You have the right to withdraw your consent to have the Terms of Use provided to you in electronic form.

These Terms of Use govern your access to and use of the websites, subdomains, products, and services owned or controlled by Modern Life Inc. dba Modern Health or its affiliates (“Company”, “we”, “our” or “us“), including, without limitation, your use of www.modernhealth.com, any other Company websites and any mobile applications made available to you by the Company (collectively, the “Services”). The Terms also apply to any professional entities affiliated with Company and to whom Company provides management services.  For the avoidance of doubt, the Services provided by Company do not include any professional services from licensed healthcare providers, as further described in Sections 2 and 8 below. To access the Services, Users (as defined below) must at all times agree to and abide by these Terms of Use.

These Terms of Use are a legally binding agreement between you, an individual subscribed to, accessing, and/or using the Services pursuant to a Customer Agreement (as defined below) (“you” or, collectively with other users, “Users”) and Company regarding your use of the Services.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, USING OR SUBSCRIBING TO THE SERVICES, OR BY CLICKING “I AGREE” OR OTHERWISE AFFIRMATIVELY MANIFESTING YOUR INTENT TO BE BOUND BY THESE TERMS OF USE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, INCLUDING ANY ADDITIONAL POLICIES, EXHIBITS, ADDENDA, GUIDELINES OR SUPPLEMENTS MADE AVAILABLE BY COMPANY AND ANY FUTURE MODIFICATIONS HERETO OR THERETO (COLLECTIVELY, THE “TERMS OF USE”), AND TO THE COLLECTION, USE, AND COMMUNICATION OF YOUR USER DATA AS SET FORTH IN THE COMPANY PRIVACY NOTICE. YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO USE AND ACCESS THE SERVICES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE TERMS OF USE, YOU MUST NOT ACCEPT THE TERMS OF USE AND MAY NOT USE THE SERVICES. IF YOU REGISTER FOR A FREE TRIAL VERSION OF THE SERVICES THROUGH AN AGREEMENT BETWEEN COMPANY AND THE APPLICABLE CUSTOMER (AS DEFINED BELOW) TO PROVIDE A FREE TRIAL, OR IF YOU ARE SELECTED TO BE A TRIAL USER (“BETA TESTER”) FOR A BETA VERSION OF THE SERVICES (“BETA SERVICES”), THE TERMS OF USE WILL ALSO GOVERN SUCH FREE TRIAL OR BETA TESTING, AS APPLICABLE. AS USED HEREIN, “SERVICES” SHALL INCLUDE BETA SERVICES.

If you have any concerns or questions about these Terms of Use, please feel free to contact us via email at legal@modernhealth.com.

1.
Services. Users have access to Company’s Services pursuant to and in accordance with these Terms of Use. Company reserves the right to modify or discontinue certain portions, aspects or features of the Services, at any time, including the right to discontinue the display of any User Data (as defined below); provided that Company remains in compliance with the applicable Customer Agreement (as defined below).

Addendum to Modern Health Terms of Use
Region-Specific Terms

The following terms may apply to you based on the location of your use of the Services.

CANADA:

1.
Application of Consumer Law. The Service is intended for businesses, corporations and organizations, for your benefit as one of their employees or their employee’s dependents, for professional purposes only, and not for consumer purposes. Consequently, you represent and warrant that you will use the Service only for purposes related to your employment. Notwithstanding anything to the contrary in these Terms of Use and to the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If, however, any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these Terms of Use will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and Company’s liability is limited (at Company’s option) to the replacement, repair or resupply of the Service or the pro-rata refund to the Customer (as defined below) of prepaid fees for your subscription, if applicable, covering the remainder of the term.



FRANCE:

1.
Section 1 is entirely deleted and replaced as follows:

Services.
Users have access to Company’s Services pursuant to and in accordance with these Terms of Use. For a better user experience, the Services constantly evolve. Therefore, the Company reserves the right to modify or discontinue certain portions, aspects or features of the Services, at any time, including the right to discontinue the display of any User Data; provided that Company remains in compliance with the applicable Customer Agreement (as defined below). You will be notified of any material change in the Services and may stop using the Services if you disagree with such change.



REPUBLIC OF KOREA:

1.
Notwithstanding Section 5, if we temporarily suspend or permanently terminate your account or the Service, or delete any content or information that you have posted on the Services, we will provide reasonable advance individual notice to you. However, in the event that individual notice is prohibited for legal reasons, is reasonably deemed to cause harm to users, third parties, or us and our affiliates (e.g., if the notification violates the laws and regulations or the order of the regulatory authorities, if it interferes with any investigations, if it damages the security of our Services, etc.), or is unreasonable for us to provide due to the unexpected nature of an event that causes a permanent termination or temporary suspension of the Service, the notification may not be issued.



MEXICO:

1.
Section 2 is clarified to include the following provision: “Providers will be required by Modern Health to carry applicable professional licenses as applicable under the laws of Mexico.”