Terms of Service

Last Updated: December 19, 2024

These Terms of Service of Achelon, Inc. apply to the services (“Services”) through https://www.thimblehealth.com and through any mobile, desktop, or device applications (collectively, the "Website" or “Site”), whether as a guest or a registered user, in addition to any other terms and conditions that may be applicable to any such transaction as provided in the Website or other agreement between you and Achelon, Inc., its affiliates, subsidiaries, successors, or assigns (collectively referred to as “Thimble™,” the “Company”, "us", "we", or "our" as the context may require). These Terms of Service are subject to change by the Company upon sixty (60) days’  prior notice at any time, in our sole discretion. Notice of changes will be sent to your email (if one has been provided) and will be posted on the Website. The latest version of these Terms of Service will be posted on the Website, and you should review these Terms of Service before use. Your continued use of the Website after a posted change in these Terms of Service following Company’s prior notice will constitute your acceptance of and agreement to such changes.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service. The Supplemental Terms shall be governed by this Agreement. If this Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. Content may not always be available and is subject to change at any time with or without notice and without any liability to you. Certain content is intended for informational purposes only.  

Prior to use, it is important for you to know and understand that by accessing and/or using the Services through any means, you are agreeing to accept certain liability limitations and legal disclaimers, which are further explained throughout these Terms of Service. In other words, your use of the Services is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Services or your access and use of the Services. If you have any questions or concerns regarding the Terms of Service or conditions herein, please email us at team@thimblehealth.com.  

These Terms of Service apply generally to the use of all Services, including, but not limited to, the Website, the mobile application (the “App”), and the Company’s social media pages. By creating an Account or by visiting, browsing, or using the Website or Services in any way, you accept and agree to be bound by these Terms of Service, which form a binding agreement between you and the Company. By using the Website or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website. All rights not expressly granted by the Company in these Terms of Service are reserved.

1. Website

We grant you a limited license to access and use the Website for your personal use, and to copy, distribute and transmit the content of this Site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your personal use. Further, (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Site or Services, (b) you shall not frame or utilize framing techniques to enclose any of our trademarks, logos, or other intellectual property (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using our name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not 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 any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Site. Any future release, update or other addition to the Site shall be subject to this Agreement. We, our suppliers and service providers reserve all rights not granted in this Agreement. Any unauthorized use of the Site or Services terminates the licenses granted by us pursuant to this Agreement. 

NOTICE TO PARENTS AND/OR GUARDIANS: You are responsible for monitoring and supervising your child’s use of the Products and Services. If your child is using the Products or Services without your express consent and is under the age of eighteen (18), please contact us immediately so that we can disable his or her access. 

This Website is offered and available to users who agree to these Terms of Service, are not prohibited from accessing or using the Website or Services, are 18 years of age or older, reside in the United States or any of its territories or possessions, and are legal U.S. citizens. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. If you are under 18 years old, then you may not make a purchase on our Website. We reserve the right to revoke your ability to access the Products and Services offered on the Website for any reason at any time including as a result of a violation of these Terms of Service or the Privacy Policy, without notice.

By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2. Use of Website

You may use the Website only for your own noncommercial personal use and in compliance with these Terms of Service. By using the Website or App, you represent and warrant that you (i) are located inside the United States, or (ii) are located outside Canada, the European Union (EU) or European Economic Area (EEA) and agree to be bound by U.S. laws. The Website is intended for users situated in the United States. We currently do not offer goods and services to Canada, the EU or EEA.

We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Website and to change, suspend or discontinue any aspect of the Website and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Website and or restrict your access to part, or all, of the Website and without notice or penalty. Your continued use of the Website will constitute your acceptance of any such changes.

You are responsible for your own communications, including the transmission, uploading or posting of information to the Website and are responsible for the consequences of such communications. Any other use of the Website requires the prior written consent of Thimble™. You may not otherwise copy, modify, or distribute the contents of this Website without the prior written consent of Thimble™. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Website or the App, in whole or in part. We require all users to agree not to use the Website or the App, and specifically prohibit any use of the Website or the App, for any of the following purposes:

  • Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy rights of another person or entity;
  • Posting any information which is untrue, inaccurate or not your own;
  • Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
  • Attempting to interfere in any way with the Website, the App’s or network security of Thimble™, or attempting to use the Website or the App’s service to gain unauthorized access to any other computer system; and
  • Using the Website to drop ship merchandise to third parties.

    You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website or the App. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding,'' “mailbombing” or “crashing” the Website or the App, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Service. You may not frame portions of the Website within another web Website. You may not resell use of, or access to, the Website to any third party without the prior written consent of Thimble™.

    3. Accessing the Website, your Account, and Account Security

    In order to access certain Services on the Website, you will need to establish an Account (your “Account”) for which you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Website under such access codes or passwords. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not use someone else’s name, or post, upload or submit any content that violates any third-party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in the Company’s sole discretion). The Company may, in the Company’s sole discretion, suspend, disable, or delete your Account (or any part thereof) or block or remove any content that you submit, for any lawful reason, including if the Company determines that you have violated these Terms of Service or that your conduct or content may damage the Company’s reputation or goodwill. 

    You are responsible for all activity that occurs under your Account, including any activity by any unauthorized users of your Account. You may not allow others to use your Account or share your Account with others except as otherwise provided herein. You agree to notify the Company immediately if you suspect any unauthorized use of your Account, access to your password, or any other breach of security. In the event your Account is for any reason shared with or used by anyone other than you, you shall be responsible for informing any such user of these Terms of Service and ensuring compliance with the same. You are solely responsible for any and all use of your Account and although the Company will not be liable for your losses caused by any unauthorized use of your Account or use by anyone other than you, you may be liable for the losses of the Company or others due to such uses. You agree that the Company, in its sole discretion, may terminate or suspend your use of the Website and Services at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Website and Services. Accessing the Website or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that the Company shall not be liable to you or any third party for any termination or suspension of your access to the Website or the Services. To understand how we use the information collected from you, please read our Privacy Policy. 

    We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

    You are responsible for:

    1. Making all arrangements necessary for you to have access to the Website.
    2. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.

    Thimble™ strives to maintain an accessible website for its users. Please see our Accessibility Statement for further details. 

    To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

    If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.

    We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, 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 of Service. You may delete your Account at any time. We reserve the right, but are under no obligation to, to delete an Account from the Services that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases. The Company may suspend, disable or delete your Account (or any part thereof) or block or remove any information or content you submitted if the Company determines that you have violated any provision of these Terms of Service or that your conduct or content would tend to damage the Company’s reputation or goodwill. If the Company deletes your Account or any information or content you have submitted for the foregoing reasons, you may not re-register for the Services. The Company may block your email address and Internet protocol address to prevent further registration and/or submission of information and content. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your Account. After your Account is terminated for any reason, all Terms of Service of these Terms of Service survive such termination, and continue in full force and effect, except for any Terms of Service that by their nature expire or are fully satisfied. Upon termination, all licenses granted by the Company will terminate. In the event of Account deletion for any reason, information and content that you submitted may no longer be available. The Company shall not be responsible for the loss of such information or content. 

    4. Accessing the App

    The Company reserves the right to withdraw or amend the App and Services, and any material we provide on the App and Services, in our sole discretion without notice. We will not be liable if, for any reason, all or part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App and Services or for the entirety of the App and Services. 

    You agree that all information you provide to the App is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

    5. Device Requirements

    The App can only be used via certain mobile devices (“Devices”), a list of which are provided on third-party application marketplaces, such as the App Store and Google Play (“Marketplaces”), where the App can be downloaded. Your device must also meet the system requirements listed on the Marketplaces. 

    6. Jurisdiction 

    The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Thimble™ makes no representation that the information, opinions, advice or other content on the Website (collectively, “Content”) is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

    7. Intellectual Property Rights, Use, and Ownership

    The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. 

    These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

    1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
    2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
    3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
    4. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
    5. If we provide social media features (i.e. Facebook, Twitter, Instagram, TikTok, YouTube or Pinterest) with certain content, you may take such actions as are enabled by such features.

    You must not:

    1. Modify copies of any materials from this Website.
    2. Use any illustrations, photographs, video or audio sequences other than in the course of navigating the Website and purchasing the services represented therein.
    3. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.

    If you wish to make any use of material on the Website other than as set forth in this section, you may address a request to team@thimblehealth.com.

    If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

    You further acknowledge and agree that:

    (a) The Website and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Company-generated content and content developed by or for the Company is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, the Company owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Website.

    (b) All uses on the Website or the Services of the Terms of Services in relation to the Services of the following terms "sell," "sale," "resell," "resale," "purchase," "price" and the like mean the purchase or sale of a license for the Services. Each Service marketed on the Website is made available solely for license, not sale, to you and other prospective customers under the Terms of Service, conditions, and restrictions contained herein.

    (c) The Company, its licensors, successors and assigns are and will remain the sole and exclusive owners of all intellectual property rights in and to the Content and each Product and Service made available on the Website and the Services and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license granted under these Terms of Service. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Products or Services made available through the Website, or of any intellectual property rights relating to those Products or Services.

    (d) The Thimble™ name, logos, related names and logos, service names, designs, slogans, and affiliated applications and technologies are the exclusive property of the Company. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent. The Company owns and retains all proprietary rights in the Website and the Services, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or through the Services, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

    8. Privacy

    All information we collect on this Website is subject to our Privacy Policy.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

    We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your use and/or purchase of Products or Services. Please review the Privacy Policy for important information regarding the information Thimble™ collects and your rights. When you sign up for certain of our Services using email, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Services, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third-party partners.

    9. User Contributions

    The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

    All User Contributions must comply with the Content Standards (defined below) set out in these Terms of Service.

    Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your Account settings.

    You represent and warrant that:

    1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
    2. All of your User Contributions do and will comply with these Terms of Service.

    You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

    10. Links

    For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, Thimble™ does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or Terms of Service policies of any other company or website you may link to from our website. This Terms of Service policy applies only to Thimble’s website and the products and services Thimble™ offers. If you decide to access any of the third-party sites linked to this Website, you do so at your own risk. Thimble™ reserves the right to terminate any link or linking program at any time. Thimble™ disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

    You may not link to this Website without Thimble’s written permission. If you are interested in linking to this Website, please contact team@thimblehealth.com.

    11. Content Standards

    These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

    1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
    2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
    3. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
    4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
    5. Be likely to deceive any person.
    6. Promote any illegal activity, or advocate, promote or assist any unlawful act.
    7. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
    8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
    9. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
    10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

    12. No Unlawful or Prohibited Use

    As a condition of your use of the Website, you warrant to Thimble™ that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

    13. Linking to the Website and Social Media Features

    You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

    This Website may provide certain social media features that enable you to:

    1. Link from your own or certain third-party Websites to certain content on this Website.
    2. Send e-mails or other communications with certain content, or links to certain content, on this Website.
    3. Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party Websites.

    You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional Terms of Service we provide with respect to such features. Subject to the foregoing, you must not:

    1. Establish a link from any Website that is not owned by you.
    2. Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other Website.
    3. Link to any part of the Website other than the homepage.
    4. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.

    The Website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.

    You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

    We may disable all or any social media features and any links at any time without notice in our discretion.

    14. User Disputes

    You are solely responsible for your interactions with other Users. Thimble™ reserves the right, but has no obligation, to monitor disputes between you and other Users.

    15. Reliance on Information Posted 

    The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. If you are taking any medication or are under treatment for any disease, please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug and Cosmetic Act requires this notice. The Company shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained in this site. To the extent that any medical information on this site is provided it is solely for informational purposes only, and is not to be used or relied on for any diagnostic or treatment purposes. This information does not create any patient-physician relationship, and should not be used as a substitute for professional diagnosis and treatment.

    16. Spamming

    Gathering email addresses from Thimble™ through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with Thimble™ should be directed to: team@thimblehealth.com. 

    17. Termination

    We have the right to:

    1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
    2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
    3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
    4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
    5. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.

    Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

    However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

    18. Governing Law, Venue, and Jurisdiction

    This Agreement and all related documents, and all matters arising out of or relating to the making or performance of this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with and enforced under the laws of the State of New York, United States of America (including its statutes of limitations and N.Y. Gen. Oblig. Law § 5-1401), without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of New York. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

    19. Geographic Restrictions

    The owner of the Website is based in the state of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims or representations that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

    20. U.S. Resident

    You represent that you are a United States resident. 

    21. DMCA Copyright Policy and Copyright Agent

    Thimble™ respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. Identification of the copyrighted work claimed to have been infringed.
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
    4. Address, telephone number, and, if available, an electronic mail address where we may contact you.
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    The Site’s Copyright Agent can be reached at:

    Achelon, Inc.

    Legal Department

    legal@telosarete.law

    22. No Warranties 

    THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ADVICE SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH THIMBLE™ EXPRESSLY DISCLAIMS. THIMBLE™ DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND THIMBLE™ WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. THIMBLE™ MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY THIMBLE™. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

    23. Disclaimers

    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.

    Any information provided by us regarding the Products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should read and strictly follow all product labels, packaging inserts and instructions and applicable manufacturer directions and warnings.

    To the extent that a secondary party may have access to or view the Company content on your computer or mobile device, you are solely responsible for informing such party of all provisions, Terms of Service, disclaimers and warnings in these Terms of Service. To the extent any disclaimer or limitation of liability in these Terms of Service does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Services, and no warranties shall apply after such period. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. 

    You assume all responsibility and risk with respect to your use of the Website or the App.

    TO THE FULLEST EXTENT PERMITTED BY LAW, THIMBLE™, ITS AFFILIATES AND SUBSIDIARIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCTS, SERVICES AND THE WEBSITE AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE OR ITS CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE COMPANY WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, AND (6) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE WEBSITE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    24. Limitation of Liability

    IN NO EVENT WILL THIMBLE™, ITS AFFILIATES, SUBSIDIARIES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THIMBLE™, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, OR AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE, TO YOU FOR ANY DAMAGES INCURRED BY YOU, EXCEED THE AMOUNT YOU PAID TO THIMBLE™ IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    25. Indemnity

    You agree to defend, indemnify and hold harmless Thimble™, its affiliates, subsidiaries licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website. This defense and indemnification obligation will survive these Terms of Service and your use of the Website, the App, your Account, or the Services.

    26. Arbitration 

    YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

    ANY CLAIM OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OR USE OF PRODUCTS OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. 

    Any dispute relating in any way to your visit to, or use of, the Website or the App, to the products you purchase through the Website, or to your relationship to Thimble™ ("Claims") shall be exclusively submitted to confidential and binding arbitration in New York County, New York, including based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New York. The party filing arbitration must submit Claims to the American Arbitration Association (the “AAA”) under the Federal Arbitration Act, who shall conduct the arbitration under the Commercial Arbitration Rules of the America Arbitration Association in effect upon first notice of a Claim and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone, or online,, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. The arbitration will follow the procedures and rules of the AAA Consumer Rules which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms of Service, in which case these Terms of Service will prevail. Those procedures and rules may limit the discovery available to you or us. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. 

    A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the AAA Consumer Rules. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator's award is final and binding on the parties.

    UNLESS OTHERWISE ALLOWED UNDER APPLICABLE LAW, ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND THIMBLE™ HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.

    You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THIMBLE™ WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration Terms of Service will be enforced.

    We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

    27. Assignment

    You will not assign any of your rights or delegate any of your obligations under these Terms of Service without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Service. The Company may assign its rights, obligations and/or these Terms of Service at any time in its sole discretion without notice to you.

    28. No Third-Party Beneficiaries

    These Terms of Service do not and are not intended to confer any rights or remedies upon any person other than you.

    29. Notices

    (a) To You. We may provide any notice to you under these Terms of Service by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

    (b) To Us. To give us notice under these Terms of Service, you must contact us by personal delivery, overnight courier or registered or certified mail to Thimble™, P.O. Box 2133 Redondo Beach, CA 90278. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

    30. Notice to U.S. Government End Users

    Any applications installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), are provided with Restricted Rights as "commercial Items," as that Terms of Service is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such Terms of Service are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.

    31. Written Document

    You may preserve these Terms of Service in written form by printing them for your records, and you waive any other requirement that these Terms of Service be evidenced by a written document.

    32. Your Comments and Concerns

    This Website is operated by Achelon, Inc., which may be contacted via email at team@thimblehealth.com.

    All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to team@thimblehealth.com.