Terms of service

Welcome, and thank you for your interest in Miga, Inc. (d/b/a Defiant Health) (“Defiant Health,” “we,” or “us”) and our website at www.defianthealth.com, along with our related websites and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Defiant Health regarding your use of the Service. The Service is an informational and marketing website; it does not currently offer, sell, or deliver patient or clinical services, collect personal information through forms, or process transactions.

If you are accessing or using the Service as a clinician or medical professional and you have a separate contract in place with Defiant Health relating to your use of the Service for purposes of engaging or meeting with users on the Service (“Separate Agreement”), that Separate Agreement will control to the extent of any conflict or inconsistency with these Terms (defined below). For the avoidance of doubt, “Service” does not include the receipt or provision of licensed healthcare services to users via the Service (collectively, “Medical Services”). Defiant is affiliated with medical professional corporations and their affiliated medical service providers (the professional corporations collectively, the “Defiant Practices”). Defiant Health provides management, administrative, technology services and other certain non-medical services to the Defiant Practices. The Defiant Practices provide Medical Services (as defined below). Defiant Health’s Medical Terms of Service govern the provision by the Defiant Practices of, and your access to and use of, the Medical Services. Please read the Medical Terms of Service carefully before accessing or using the Medical Services.


ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 14 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND DEFIANT HEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

The arbitration is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms.

Defiant Health is a cancer-care company that works with healthcare organizations to accelerate cancer diagnosis and navigation. The Site is an informational and marketing website describing the company and its services and allowing business visitors to contact us. No patient or clinical services are offered or delivered through the Site, and nothing on the Site is medical advice.

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent that you are at least 18, have not been suspended or removed from the Service, and that your use complies with applicable laws. If you are an entity, the individual accepting these Terms represents that they have authority to bind you.

Subject to your compliance with these Terms, Defiant Health grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service. Except as expressly provided, you may not reproduce, distribute, modify, or create derivative works of the Service, or interfere with or circumvent any security feature. The Service and all Materials are owned by Defiant Health or its licensors and protected by intellectual property laws. If you provide Feedback, you grant Defiant Health an unrestricted, perpetual, royalty-free license to use it.

The Service may provide tools to export information to, or contain links to, third-party services not under Defiant Health’s control. Please review the terms and privacy policy of any third-party service before sharing information with it.

You agree that Defiant Health and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide. These messages may include marketing calls or messages. You may opt out of marketing messages by emailing support@defianthealth.com or replying STOP. We may also send you emails; you may opt out of promotional emails via the unsubscribe link.

By using the Service, you agree not to: use it for any illegal purpose or in violation of law; violate any third-party right; access the Service through automated means (bots, scrapers, data-mining tools); interfere with security-related features or reverse engineer any portion of the Service; upload viruses or malicious code; collect information about others without consent; or impersonate any person or entity.

We may change these Terms from time to time. Revisions are effective immediately, except that for existing users material revisions are effective 30 days after posting or notice unless otherwise stated.

These Terms are effective when you first access or use the Service and continue until terminated. If you violate these Terms, your authorization terminates automatically. Defiant Health may also terminate or suspend your access at any time, with or without notice. Defiant Health may modify or discontinue all or part of the Service at any time without liability.

To the fullest extent permitted by law, you will defend and indemnify Defiant Health and its affiliates, officers, employees, and agents from any third-party claim and related liability, damages, and expenses arising out of your use or misuse of the Service, your violation of these Terms or applicable law, or your violation of any third-party right.

THE SERVICE AND ALL MATERIALS AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, DEFIANT HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

TO THE FULLEST EXTENT PERMITTED BY LAW, DEFIANT HEALTH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND ITS AGGREGATE LIABILITY IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID IN THE PRIOR 12 MONTHS AND US$100.

Except as described in the Exceptions and Opt-Out provisions, you and Defiant Health agree that disputes will be resolved through binding individual arbitration under the Federal Arbitration Act, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You may opt out within 30 days by writing to Miga, Inc. (d/b/a Defiant Health), Attention: Legal Department – Arbitration Opt-Out, 68 Harrison Ave Ste 605 PMB 83344, Boston, MA 02111. YOU AND DEFIANT HEALTH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. The remaining arbitration mechanics (commencing arbitration, proceedings, relief, no class actions, modifications, enforceability) are retained as in the current Terms.