Last Updated: March 1, 2023
Effective Date: December 27, 2018
PLEASE BE AWARE THAT SECTION 12 OF THE TERMS, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
THE SERVICES PROVIDED THROUGH RADISH ARE INTENDED FOR ONLY RESIDENTS OF THE STATE OF NEW YORK AND THE COMMONWEALTH OF PENNSYLVANIA WHO ARE 16 YEARS OR OLDER. IF YOU ARE NOT A RESIDENT OF NEW YORK OR PENNSYLVANIA AND/OR YOU ARE UNDER THE AGE OF 16 YOU WILL NOT BE PERMITTED TO USE THE SERVICES PROVIDED THROUGH THIS SITE.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be linked to from the Terms or will be presented to you for your acceptance when you sign up to use the supplemental features or Service. All Supplemental Terms are incorporated into the Terms by reference. If the Terms are inconsistent with the Supplemental Terms, the Supplemental Terms control with respect to such Service.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY RADISH IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Radish will make a new copy of the Terms available through the Services. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have previously used the Services, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective 30 days after posting notice of such changes on the Services for existing users. Radish may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS.
1.2 Special Consent to Telehealth Services. Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for prescription refills and/or related patient education, and may include, but is not limited to:
1.3 Your Relationship with Radish. You understand that by coordinating with an Alphabet City Medicine, P.C. health care provider you are not entering into a provider-patient relationship with By accepting the Terms, you agree and consent to Radish, Radish affiliates, or Alphabet City Medicine, P.C. health care providers sending you disclosures, notices, messages, reports, and other communications. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold Radish or any Radish affiliate liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in communications from Alphabet City Medicine, P.C or its health care providers. Except for specific communications received from Alphabet City Medicine, P.C. or its affiliated professional entities and their health care providers, none of the content you receive through the Services should be considered medical advice.
1.4 Necessary Equipment and Software; Consent to Receive Calls and Text Messages. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services. By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for calls and texts in order to provide the Services. Radish will not assess and charge for any calls or texts, but standard message charges or other charged from your wireless carrier may apply. You may opt out of receiving text messages from us by emailing firstname.lastname@example.org.
1.5 Limited License. Subject to your compliance with the Terms, Radish grants you permission to access and use our Services solely for your personal use.
1.6 Certain Restrictions. As a condition of your use of the Services, you agree not to use the Services for any purpose that is prohibited by the Terms or by applicable law. The rights granted to you in the Terms are subject to the following restrictions: you may not (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion thereof , (b) frame or utilize framing techniques to enclose any trademark, logo, or other portions of the Services (including images, text, page layout or form); (c) use any metatags or other “hidden text” using Radish’s name or trademarks; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services; (f) access Services in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit any part of the Services in any form or by any means; and (h) remove or destroy any copyright notices or other proprietary markings contained on or in Services. In addition, you may not (and may not permit any third party) to either (y) take any action or (z) make available any User Content (as defined in Section 3) on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Radish’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Radish and other users; (vi) interferes with or attempt to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by the Terms; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services. Any future release, update or other addition to Services is subject to the Terms, unless otherwise stated by Radish at the time such release, updated or addition is made available to you. Radish, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Services terminates the licenses granted by Radish pursuant to the Terms.
1.7 Third-Party Materials. As a part of the Services, you may have access to materials that are hosted by another party. You agree that it is impossible for Radish to monitor such materials and that you access these materials at your own risk.
1.8 Ownership. Excluding any User Content that you may provide (defined in Section 1 below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Radish or Radish’s suppliers. Neither these Terms (nor your access to the Service) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.5. Radish and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. For clarity, any statistics and information regarding your use of the Services is separate from, and will not include or be deemed, User Content.
Additionally, please review the Notice of Privacy Practices located at https://patient.radish.health/policies/npp to learn about how it uses and discloses your medical information and how you may access that information.
3.2. License. You grant (and you represent and warrant that you have the right to grant) to Radish an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, and otherwise use your User Content, and to grant sublicenses of the foregoing rights, for the purposes of operating and providing the Services to you. You irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content.
3.3. Feedback. Your submission of any ideas, suggestions, documents, and/or proposals to Radish through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and Radish has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You grant to Radish a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services.
3.4. Investigations. Radish may, but is not obligated to, monitor or review the Services and User Content at any time. Without limiting the foregoing, Radish may, in its sole discretion, to remove any of your User Content for any reason (or no reason), including if such content violates the Terms or any applicable law. Although Radish does not generally monitor user activity occurring in connection with the Services or User Content, if Radish becomes aware of any possible violations by you of any provision of the Terms, Radish reserves the right to investigate such violations, and Radish may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove your User Content, in whole or in part, without prior notice to you.
5.2. Taxes. The payments required under Section 5.1 of the Terms do not include any Sales Tax that may be due in connection with the Services provided under the Terms. If Radish determines it has a legal obligation to collect a Sales Tax from you in connection with the Terms, Radish will collect such Sales Tax in addition to the payments required under Section 5.1 of the Terms. If any Services, or payments for any Services, under the Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Radish, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Radish for any liability or expense Radish may incur in connection with such Sales Taxes. Upon Radish’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
5.3. Disputes. Unless otherwise provided by the applicable payment processor or payment platform used in connection with your payment for Services, you must notify Radish in writing within 7 days after receiving your credit card statement if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: email@example.com.
7.2 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT THE RADISH PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE RADISH PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE SERVICES, USER CONTENT, OR THIRD PARTY SERVICES PROVIDED BY SUCH THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
7.3 Limitations. Notwithstanding the forgoing THE RADISH PARTIES do not disclaim any warranty or other right UNDER THIS SECTION 7 that THE RADISH PARTIES ARE prohibited from disclaiming under law.
8.2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE RADISH PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO RADISH BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) ONE HUNDRED DOLLARS ($100). THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF AN RADISH PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN RADISH PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN RADISH PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
8.4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RADISH AND YOU.
10.2. Prior Use. Notwithstanding the foregoing, if you used the Services prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the Services (whichever is earlier) and will remain in full force and effect while you use the Services, unless earlier terminated in accordance with the Terms.10.3. Termination of Services by Radish. If you have breached any provision of the Terms, or if Radish is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), Radish has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause are made in Radish’s sole discretion and that Radish will not be liable to you or any third party for any termination of your access to the Services.
10.4. Termination of Services by You. If you want to terminate the Services provided by Radish, you may do so by notifying Radish at any time. Your notice should be sent, in writing, to Radish’s address set forth below.
10.5. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your files and content associated with you (or any part thereof), including your User Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of your User Content associated therewith from our live databases. Radish will not have any liability whatsoever to you for any suspension or termination, including for deletion of your User Content. All provisions of the Terms which by their nature should survive, will survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
10.6. No Subsequent Access. If your ability to access is discontinued by Radish due to your violation of any portion of the Terms or for otherwise inappropriate conduct, then you agree that you will not attempt to re-access the Services, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Radish reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
12.2. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to firstname.lastname@example.org AND Radish Health, 900 Broadway, Suite 903, New York, NY 10003. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, are subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims are subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Radish will pay them for you. In addition, Radish will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Radish will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
12.3. Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency has exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Radish. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator has the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
12.4. Waiver of Jury Trial. YOU AND RADISH HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Radish are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 12.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
12.5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding anything to the contrary herein, (a) representative action for public injunctive relief may be arbitrated on a class basis and (b) in the event that the foregoing sentence is deemed invalid or unenforceable with respect to a particular class or dispute for recovery of damages, neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in Section 13.6.
12.6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Radish Health, P.C., 900 Broadway, Suite 903, New York, NY 10003, or emailing us at: email@example.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
12.7. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
12.8. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Radish.
12.9. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Radish makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Radish.
13.2. Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Radish’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.13.3. Force Majeure. Radish is not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
13.4. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at: firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
13.5. Exclusive Venue. To the extent the parties are permitted under this Arbitration Agreement to initiate litigation in a court, both you and Radish agree that all claims and disputes arising out of or relating to the Terms will be litigated exclusively in the state or federal courts located in New York.
13.6. Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF NEW YORK CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
13.7. Notice. Where Radish requires that you provide an e-mail address, you are responsible for providing Radish with your most current e-mail address. In the event that the last e-mail address you provided to Radish is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Radish’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Radish at the following address: Radish Health, 900 Broadway, Suite 903, New York, NY 10003. Such notice is deemed given when received by Radish by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
13.8. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
13.9. Severability. If any portion of the Terms is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
13.10. Export Control. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Radish, or any products utilizing such data, in violation of the United States export laws or regulations.
13.11. Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.