Last updated: December 21, 2021
Thank you for your interest in Neurolytic Healthcare, Inc. d/b/a Mable. These Terms and Conditions (“Terms”) describe your rights and responsibilities with regard to the website (the “Site”) and the mobile application (the “App”) operated by Mable. In these Terms, “we”, “our”, “us”, and “Mable” collectively refer to Neurolytic Healthcare, Inc. The terms “you” and “yours” refer to the person using the Site, the App, and the Services offered through the Site and the App. These Terms are a legally binding agreement between you and Mable. Please read and review these Terms carefully before using the Site, App or Services.
1. Age and Geographic Restriction
You must be eighteen (18) years of age or older and a resident of the United States to use the Site, the App, and the Services. By using the Site, the App, or the Services, you represent that you are a United States resident at least 18 years old and are able to form a binding contract with Mable. If you do not meet these requirements, please do not access or use the Site, the App, or the Services.
Due to differences in state law, all or part of the Services may not be available in all states. Due to these laws, at this time, the Services are not available to residents of Delaware, Idaho, Louisiana, New Hampshire, New Jersey, New York and Washington D.C.
2. Mable is Not a Medical Practice or Healthcare Provider
Your health is very important to us but Mable is not a medical practice or healthcare provider. We do not provide medical, health or other professional advice. Mable offers a technology platform that enables registered users to connect with physicians and other healthcare providers for the treatment of migraines (the “Services”). While our Services enable registered users to communicate with healthcare providers, the content on our Site and App and the Services we provide cannot and are not intended to provide medical advice, diagnosis or treatment. All medical care is provided by third party healthcare providers with which we have relationships. These healthcare providers will determine whether your needs are appropriate for a telehealth encounter. To the extent medical advice or a prescription is provided to you by a healthcare provider through the Services, such medical advice or prescription is based on the information you provide to the healthcare provider and their independent professional judgment. Mable does not provide medical advice, and we do not have control over or influence any medical advice, treatment or prescription provided by your healthcare provider.
The Site and the App may contain general information relating to migraines. Such information is provided for informational purposes and is not a substitute for medical advice, diagnosis or treatment provided by a doctor or other qualified healthcare professional. Nothing contained in the Site or App is intended to constitute a medical diagnosis or treatment. Reliance on any information appearing on the Site or the App is solely at your own risk. Never disregard professional medical advice or delay seeking care because of something you have read on or via our Site or App. Please consult your doctor or other qualified healthcare professional regarding any questions you may have about your health and medical conditions. In the event you believe you may have a medical emergency, immediately contact your local health care provider or call 911 for assistance.
3. Account Creation and Security
In order to access and use the App and the Services, you will be required to register and create an account (“Account”). When you create your Account, we will collect some information from you. We cannot perform the Services without collecting information from you. It is a condition of your use of the Site, the App, and the Services that all the information you provide is truthful, correct, current and complete. You agree to promptly inform us of any changes to your Account information, including, but not limited to, your address and email address. Updates to your Account information can be made directly in the App.
If you choose to create an Account, you are responsible for maintaining the confidentiality of your Account information, including your username and password. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable an Account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. We may rely on the authority of anyone accessing your Account and in no event and under no circumstances shall we be held liable for any liabilities or damages resulting from or arising out of someone else using your Account, username, or password as a result of your failing to keep your Account information secure and confidential.
4. The Services
Mable provides a platform that enables registered users to connect with physicians and other healthcare providers for the treatment of migraines. The Services may include pharmacogenetic testing, the prescription and dispensing of medication to treat migraines, and the ordering and delivery of dietary supplements. There is no guarantee that you will be given a prescription for medication. The physicians we work with are not employees of Mable, but are independent professionals solely responsible for the services each provides to you.
Users may purchase the Services as a one-time purchase, or, as available, on a subscription basis. If you request pharmacogenetic testing, a licensed physician will review your purchase to ensure the appropriateness of the requested laboratory test(s). The pharmacogenetic testing will not be provided if a physician does not authorize your request and order the laboratory test(s). If allowed under state law, a sample collection kit will be delivered to your specified shipping address. Following the instructions included with your collection kit, you will collect the sample(s) and, using the provided pre-addressed mailer, send your sample(s) directly to a CLIA-certified laboratory partner (the “Lab”) which will perform the testing. The Lab will send your test results to the physician and release the test results to us for pharmacogenetic analysis.
The laboratory tests offered as part of our Services have not been approved, cleared or authorized by the U.S. Food and Drug Administration. The pharmacogenetic tests offered as part of the Services are laboratory developed tests regulated under the Clinical Laboratory Improvement Amendments (“CLIA”).
5. Use of the Site, the App, and the Services
Subject to your compliance with these Terms, including timely payment of all fees (as described below), Mable hereby grants to you a personal, limited, revocable, non-exclusive, and non-transferable right to view, download, access, and use the Site, the App, and the Services solely for your personal and non-commercial use and only as permitted under these Terms. Any other use, duplication, distribution or other exploitation of the Site, the App or the Services is strictly prohibited. Without limiting the foregoing, you agree that you will not, and will not attempt to:
• impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• use the Site, App or Services to violate any local, state, federal, or international law;
• reverse engineer, disassemble, decompile, or translate any software or other components of the Site, the App, or the Services;
• distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damagli or alter a computer, portable device, computer network, communication network, data, our Site or App, or any other system, device, or property;
• access or use the Site, the App, or the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectuali property right or other right of any third party;
• license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site, the App, thli Services, or related materials in any way;
• take any action or use the Site, the App, or the Services in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, oli otherwise impede or harm in any manner the Site, the App, or the Services, or any content, in whole or in part;
• disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the Site, the App, or the Services or any computer network;
• remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectuali property or proprietary rights notices from the Site, the App, or the Services, or any content made available to you on or through the Site, the App, or the Services;
• use any manual process or automated device to monitor or copy any content made available on or through the Site, the App, or the Services for anli unauthorized purpose;
• otherwise use the Site, the App, or the Services in any manner that exceeds the scope of use granted above; or
• encourage or enable any other individual to do any of the foregoing.
We reserve the right to withdraw or amend the Site, the App and the Services, and any material we provide on the Site or the App or through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site, the App, or the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, App, or Services or the entire Site, App or Services.
We attempt to keep all information on and presented through the Site, App, and Services up-to-date. We provide no warranty or guarantee regarding the accuracy, quality, timeliness, completeness, usefulness or suitability of the results, content, or information provided on or through the Site, the App, or the Services for any purposes. You acknowledge that such information may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
6. Fees, Payment, Refunds and Replacements
All fees are as quoted on the Site and in the App. We may revise our fees from time to time at our discretion. We will provide you with notice of any change in the subscription fee(s) by email and by posting on the Site and in the App.
You agree to be responsible for the payment of all fees when due. Fees will be paid at the time of purchase. If you purchase a subscription, your credit card will be charged the applicable subscription fee(s) in accordance with the subscription frequency you select (for example, on a monthly, quarterly, or annual basis).
If you purchase a subscription, you agree to keep your credit card information current. If the credit card you use for the subscription fee becomes invalid or is declined, we will contact you by email so that you can update the information. Failure to update your credit card information within ten (10) days will result in termination of your subscription.
We will refund the applicable fees if, after review, the physician does not authorize and order the requested laboratory test(s). Please email us at support@tryMable.com for assistance with refunds.
If we determine that you have used the Site, the App, or the Services in a way inconsistent with these Terms, we reserve the right to suspend your Account and not provide a refund. In the event we determine that a sample is not suitable for testing because we believe the sample was submitted in violation of these Terms, we reserve the right to withhold the test results and to not provide a refund.
Mable implements several safeguards to avoid technical errors, however, on rare occasions the Lab may be unable to process your sample either because of an issue with the sample or due to an issue at the Lab. If this occurs, at our sole discretion, either (a) the Lab will attempt to process your leftover sample, (if a sufficient amount is available and the sample is appropriate for reprocessing) or (b) we will send you one additional sample collection kit so that you may submit another sample for the Lab to process. In either scenario, there will be no additional charge to you. If you submit a second sample and it still cannot be processed, please contact us at support@tryMable.com to discuss your options.
7. Submission of Ideas
We appreciate hearing from our users and welcome your comments regarding the Site, the App, and/or the Services. With the exception of any personal data or information that you provide or submit when creating an Account, using the App, or purchasing and requesting Services, you understand and agree that any information you provide to us on or through the Site or the App, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Mable. Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. Mable shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Mable for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
You are responsible for any content that you submit or transmit. You agree that you will not transmit any communications or content that infringe or violate any rights of any party. You may not submit content that: is not your own original creation or that you do not have permission to use; infringes the copyright, trademark, patent right, or other proprietary right of any person; is pornographic, sexually explicit, or obscene; exploits children or minors; violates the rights of privacy or publicity of any person; is harassing, libelous, slanderous, or defamatory; contains any personally identifying information about any person without their consent or about any person who is a minor; may be deemed generally offensive, including expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism; includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose; does not pertain directly to the Site, the App, or the Services; is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice; is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person; violates any local, state, federal, and/or international laws or regulations; promotes or provides instructional information about illegal or illicit activities; contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or, is intended to overwhelm, cause technical disruptions of or denial of service to the Site or the App.
8. Intellectual Property Rights
The Site, the App, and the Services are protected to the maximum extent permitted by patent, copyright and trademark laws and international treaties. The availability of the Site, the App, and the Services shall under no circumstance constitute a transfer of any patents, copyrights, trademarks, or other intellectual property rights of Mable to any user or any third party. Mable is the sole and exclusive owner of all right, title and interest in and to the Site, the App, and the Services and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, graphics, design, selection, arrangement, and look and feel), other content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the material provided on or through the Site, the App, or the Services except as generally and ordinarily permitted according to these Terms. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Site, the App or the Services shall be owned solely and exclusively by Mable, including all intellectual property rights therein. You may not access or use any part of the Site, the App, or the Services for any commercial purposes.
Certain names, logos, and other materials displayed in and through the Site, the App, or the Services whether or not appearing with or without the trademark symbol, may constitute trademarks, trade names, service marks or logos (“Marks”) of Mable. You are not authorized to use any such Marks without the express written permission of Mable. Ownership of all such Marks and the goodwill associated therewith remains with Mable.
You understand that by providing any sample(s), having your sample(s) processed and tested, or providing information to us, you acquire no rights in any research or commercial products that may be developed by Mable or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your sample(s) or information.
9. Disclaimer of Warranty and Limitation of Liability
THE SITE, APP, SERVICES AND ALL THE MATERIALS AND INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE, THE APP OR THE SERVICES ARE PROVIDED ON AN "AS-IS" AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Mable HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,WITH RESPECT TO THE SITE, THE APP AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. YOUR ACCESS TO AND USE OF THE SITE, THE APP, AND THE SERVICES IS AT YOUR OWN RISK. NEITHER WE NOR ANYONE ASSOCIATED WITH Mable MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, CURRENCY, ACCURACY, AVAILABILITY OR OPERATION OF THE SITE, THE APP, OR THE SERVICES, OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE OR THE APP, OR PROVIDED THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH Mable REPRESENT OR WARRANT THAT THE SITE, THE APP, OR THE SERVICES, OR ANY CONTENT OR ITEMS OBTAINED THROUGH THE SITE, THE APP, OR THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, APP, OUR (AND OUR SERVICE PROVIDERS’) SERVERS, THE CONTENT, OR COMMUNICATIONS SENT FROM OR ON BEHALF OF US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, THE APP, THE SERVICES, OR ANY ITEMS OBTAINED THROUGH THE SITE, THE APP, OR THE SERVICES WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Mable, OR ANY PARTY INVOLVED IN CREATING, PRODUCTING OR DELIVERING THE SITE, THE APP OR THE SERVICES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THE SITE, THE APP OR THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF Mable HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Mable and its principals, employees, agents, contractors, partners, licensors and suppliers from and against any and all claims, liabilities, damages, actions, judgments, settlements, interest, awards, losses, fines, penalties, costs, expenses or fees of any kind (including reasonable attorneys’ fees and costs) arising from or relating to, or alleged to arise from, your use of the Site, the App, or the Services, including without limitation, your violation of these Terms (including, but not limited to, negligent or wrongful conduct). Mable reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Mable in asserting any available defenses.
11. Links to Other Websites
The Site or the App may contain links to websites and resources maintained by third parties for your convenience and information. Mable has no control over the contents of those websites or resources and has no responsibility for and makes no representations or warranties of any kind for the content of other websites or resources linked to the Site or the App. Mable shall not be liable for any damages or injury arising from your use of third-party websites or resources. If you decide to access any third-party websites or resources, you do so solely at your own risk and subject to the terms and conditions of such websites. Inclusion of any third-party link does not constitute an endorsement or recommendation by Mable.
12. Changes to the Terms and Conditions
We may make changes to these Terms at any time. When changes are made, we will post the updated Terms and Conditions on our Site and in the App. All changes are effective immediately upon posting; the date the Terms were last updated is included at the top of the page. Your continued access or use of the Site, the App or the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check from time to time to review the most current Terms and Conditions.
13. Applicable Law
These Terms and your use of the Site, the App, and the Services shall be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions. Any legal action or proceeding relating to the Site, the App, or the Services shall be resolved exclusively by the federal and state courts of the State of Delaware.
If any provision of these Terms is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms which shall remain in full force and effect. Any failure or delay of Mable to exercise or enforce any right, term, condition, or provision of these Terms shall not constitute a waiver of such right, term, condition, or provision.
14. Dispute Resolution.
In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the purchase or use of any Services, we and you (collectively, the “Parties”) shall use our best efforts to settle the dispute, claim, question, or disagreement. To this effect, the Parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. If the Parties do not reach such solution within a period of ninety (90) days, then all disputes shall be resolved by binding arbitration in San Francisco, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this section. This agreement to arbitrate will be specifically enforceable in any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The Parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the Parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of arbitrators maintained by the AAA. The Parties agree that the arbitrator shall have sole authority to decide whether claims brought by either party are subject to this dispute resolution agreement. The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which sections the Parties agree shall apply. The fees charged by the AAA and arbitrator shall be shared equally by the parties.
15. Class Action Waiver.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a collective or class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
16. Limitation of Time to File Claims.
Any action, claim or dispute you have against Mable must be filed within one year, unless prohibited by applicable law. To the extent permitted by law, any claim or dispute under these Terms or the purchase or use of any Services must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
You agree that Mable may provide you with notices, including those regarding changes to these Terms, by email to the address you provide at the time of registration or as reflected in your Account.
18. Entire Agreement.
These Terms, including the other documents referenced and referred to herein, constitute the entire agreement between you and Mable with respect to the Site, the App, and the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between the Terms and Conditions and any other terms, these Terms and Conditions shall govern. If any provision of these Terms and Conditions is determined to be illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions will continue in full force and effect. The headings of sections and paragraphs in these Terms are for convenience only and shall not affect its interpretation.
19. Questions and Comments
Neurolytic Healthcare Inc., 2261 Market Street, #4443, San Francisco, California, 94114, USA