Effective May 13, 2025
Welcome to the Health Callbacks website located at www.healthcallbacks.com (the “Website”). Please read these terms of service (the “Terms”) carefully as they form a contract between you and Health Callbacks, LLC, a California limited liability company (“Health Callbacks,” “we,” “us,” or “our”) that governs your access and use of the Website, services, and software provided by us (the “Services”).
1. YOUR ACCEPTANCE OF THESE TERMS
These Terms contain the terms and conditions that govern your use of the Services, as well as your rights and responsibilities with respect to the Services. Your use of the Services constitutes your acceptance and agreement to these Terms. If you do not agree with these Terms, you are prohibited from accessing the Services and must immediately discontinue using the Service. You may use the Services only in compliance with these Terms and only if you have the power to form a contract with Health Callbacks and are not barred under any applicable laws from doing so.
2. CHANGES TO THESE TERMS
Health Callbacks reserves the right to add, delete, or modify any term or condition within these Terms at any time and in its sole discretion. If we make a change to any term or condition, we will notify you by posting a change notice on the Services. In the event of substantive changes to these Terms, you may be notified by email of the changes. If any modification is unacceptable to you, you should immediately stop using the Services. Your continued use of the Services following notice of a change in the Terms will constitute your binding acceptance of the changes.
3. REGISTRATION
To obtain access to the Services beyond navigating the Website, you must create an account with Health Callbacks by completing a registration form and selecting a username and password (become a “Registered User”). During registration you must provide us contact information (such as your full name and your work email address). By submitting your contact information, you are representing that you are a current employee of the public safety agency you provide.
All registration information you supply must be complete and accurate. You are required to maintain and update this information to ensure completeness and accuracy. You may not share your account credentials with anyone; you alone are responsible for maintaining the confidentiality of your account and its password, and are fully responsible for all activities that occur under your account. You agree to notify Health Callbacks immediately upon discovery of any unauthorized use of your password or account or any other breach of security. Please be aware that Health Callbacks reserves the right, in its sole discretion, to deactivate, change and/or require you to change your Health Callbacks username or password for any reason or for no reason.
If you are using the Services pursuant to a service agreement your employer or organization has with us, then these Terms are integrated into and are a part of that service agreement. In the event of any inconsistency between these Terms and such service agreement, the service agreement and any relevant customer order attached to such service agreement will control.
4. USING THE SERVICES
4.1 License Grant
Subject to your compliance with these Terms, Health Callbacks hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license solely to access and use the Services strictly for personal health purposes.
4.2 Restrictions
The license granted to you under these Terms is limited to the rights expressly granted herein and Health Callbacks expressly reserves all other rights. No other rights are granted and any other use is expressly prohibited. You may only access and use the Services for lawful purposes. Under no circumstances shall you (a) directly or indirectly, reproduce, modify, reverse engineer, deconstruct (including dumping RAM/ROM or persistent storage), translate or create any derivative work of all or any portion of the Services or otherwise attempt to access, derive or generate the source code of the Services, (b) display, disclose, make available or provide access to the Services to any third party (including by means of sharing or disclosing passwords or other log-in credentials), (c) circumvent or attempt to circumvent any password or other access-limited measures implemented by Health Callbacks, (d) remove, obscure or modify any Health Callbacks proprietary notices from the Services, (e) perform any action with the intent of introducing to the Services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature, (f) defame, abuse, harass, stalk, or threaten others, or (g) interfere with or disrupt the Services or the servers or networks providing the Services.
You acknowledge that Health Callbacks may, without liability of any kind, limit or suspend your access to or use of the Services if we determine that such use violates the terms of this Section 4 or of any limitations set forth in these Terms.
5. PROPRIETARY RIGHTS
5.1 Ownership
Health Callbacks and its licensors own and shall retain all right, title and interest in and to the Services, all modifications and improvements thereto (including any made by or with your participation), and all intellectual property rights therein (collectively, “Our Property”). You hereby irrevocably and unconditionally assign any and all rights you may have in Our Property to us. You covenant not to challenge Health Callbacks’ exclusive ownership of Our Property or directly or indirectly assert any rights inconsistent with Health Callbacks’ exclusive ownership thereof.
5.2 License to Use Your Content
The Services allow (or may in the future allow) you to select, input, and share information (“Your Content”) in connection with using the Services as a Registered User. While you will remain sole owner of Your Content, by agreeing to these Terms, you hereby grant us a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display Your Content, but only as reasonably necessary to provide you and your public safety agency the Services. Further, to the extent any of Your Content contains personal information, such information will be subject to the Health Callbacks Privacy Policy available at https://www.healthcallbacks.com/privacy, which is incorporated into this Terms by this reference.
5.3 Your Ownership
You retain all of your rights, title and interest in and to Your Content, subject to any rights of Third Party Services providers. You represent and warrant that you have all necessary rights and authorizations to use Your Content. You further represent and warrant that, in your use of the Services, you (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other legal right of any third party; (ii) will comply with all applicable laws, rules, and regulations; and (iii) have the full power and authority to enter into and perform your obligations under these Terms.
6. MODIFICATION OF THE SERVICE
Health Callbacks reserves the right to modify the content, organization or structure of the Services, and may change, suspend, or discontinue any aspect of the Services at any time either at no cost or subject to additional fees. Health Callbacks shall have complete discretion over the features, functions, and other terms and conditions on which the Services are offered. Notwithstanding anything else contained in these Terms, we will have no obligation to continue making the Services available, to produce or release new versions of the Services or any updates thereto, or to continue offering any portion of the Service at a certain price or free of charge.
7. WARRANTY DISCLAIMER
HEALTH CALLBACKS PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. HEALTH CALLBACKS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS USE (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. HEALTH CALLBACKS MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
8. LIMITATION OF LIABILITY
HEALTH CALLBACKS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF THE SERVICE OR THESE TERMS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF HEALTH CALLBACKS FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED DIRECT DAMAGES IN AN AMOUNT EQUAL TO THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO HEALTH CALLBACKS IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM GIVING RISE TO SUCH LIABILITY.
ADDITIONALLY, HEALTH CALLBACKS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS BROUGHT MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED.
9. INDEMNIFICATION UNDER CERTAIN CIRCUMSTANCES
You shall indemnify, defend and hold harmless Health Callbacks and its officers, directors and employees, from and against any third party’s claims, suits, damages, and losses, including reasonable attorneys’ fees and costs (collectively, a “Claim”), arising out of or in connection with (i) your use of the Services or any information derived therefrom, (ii) your violation of any applicable federal, state or local law, regulation, rule, ordinance or judicial or administrative ruling; and (iii) your breach of these Terms. If you are required to indemnify us under this section, we will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission. You recognize that Health Callbacks will suffer irreparable harm, and that monetary damages may be incalculable and/or inadequate in the event that you retain Health Callbacks data in breach of this Agreement, and therefore, such breach shall be entitled to remedy by injunctive relief, in addition to any and all other relief which may be available at law or at equity.
10. DISABLING YOUR ACCOUNT
You may disable your Health Callbacks account for any reason at any time by sending a request to info@healthcallbacks.com. Health Callbacks may suspend, limit your access to, or terminate your use of the Services at any time, with or without cause, in its sole discretion. Notwithstanding this section, these Terms will survive indefinitely unless and until we choose to terminate these Terms.
11. NOTICES
Except as otherwise set forth herein, all notices under these Terms will be by email. Notices to Health Callbacks will be sent to info@healthcallbacks.com. A notice will be deemed to have been duly given the day after it is sent via email.
12. DISPUTE RESOLUTION
12.1 Arbitration
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Seattle, Washington before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
12.2 Class Action Waiver
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action, unless both you and Health Callbacks specifically agree to do so in writing following initiation of arbitration. This provision is not applicable to the extent such waiver is prohibited by law.
12.3 Right to Opt Out of Class Action Waiver and Binding Arbitration
IF YOU DO NOT WISH TO BE BOUND BY THE CLASS ACTION WAIVER OR INDIVIDUAL ARBITRATION PROVISIONS IN THIS SECTION 12, YOU MUST NOTIFY HEALTH CALLBACKS IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS UNLESS A LONGER PERIOD IS REQUIRED BY LAW.
YOUR WRITTEN NOTIFICATION MUST BE SENT TO INFO@HEALTHCALLBACKS.COM, WITH “ARBITRATION” AS THE SUBJECT LINE AND MUST INCLUDE: (i) YOUR NAME, (ii) YOUR ADDRESS, (iii) YOUR HEALTH CALLBACKS USERNAME, IF YOU HAVE ONE, AND (iv) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH HEALTH CALLBACKS THROUGH INDIVIDUAL ARBITRATION.
13. THIRD PARTY SERVICES
The Services allow you to select and input information and data in connection with and through certain third party services and platforms (“Third Party Services”). In addition, the Services allow you to access Third Party Services using the Services to post, link, or message users of Third Party Services or otherwise act on a wide variety of information accessed by the Services and originating from Third Party Services. These Third Party Services may include but are not limited to payment processing or map display. HEALTH CALLBACKS DOES NOT CONTROL THOSE THIRD PARTIES OR THE SERVICES PROVIDED, AND YOU AGREE THAT HEALTH CALLBACKS WILL NOT BE LIABLE TO YOU IN ANY WAY FOR YOUR USE OF SUCH SERVICES.
Please be aware that Third Party Services may have their own terms of service and other policies. When you use those Third Party Services, you must comply with such terms and policies, as well as these Terms. If any such terms or policies conflict with these Terms, or other Health Callbacks agreements or policies, you must comply with these Terms and any other Health Callbacks agreements, or policies, as applicable.
14. INJUNCTIVE RELIEF
You agree that any breach by you of these Terms may cause Health Callbacks immediate and irreparable harm and that Health Callbacks shall be entitled to seek injunctive relief, without having to post a bond, in addition to any and all other remedies available at law or in equity.
15. MISCELLANEOUS
These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of California, without reference to conflict of law principles. These Terms (including all of the policies and other Agreements described in these Terms, which are incorporated herein by this reference) contain all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise of any such right, power, or privilege. You and Health Callbacks are independent entities, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect. The headings used throughout these Terms are merely descriptive and not operative and have no legal or contractual effect.
16. COMMENTS AND QUESTIONS
If you have any comments or questions, you may address them via email to info@healthcallbacks.com.