Terms and Conditions
Updated and effective as of May 3, 2017
IF THIS IS A MEDICAL EMERGENCY OR A CRISIS SITUATION, DIAL 911 IMMEDIATELY FOR ASSISTANCE, OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM. USE OF OUR SITE SERVICES IS NOT APPROPRIATE FOR EMERGENCIES.
“Allied Professional” means a health and wellness professional, coach, advisor, counselor, expert, or other practitioner other than a Licensed Healthcare Provider, who is not licensed under the laws and regulations of any State or Territory of the United States to practice medicine or to provide medical or healthcare services.
“Covered Entity” has the meaning assigned to it under HIPAA.
“HIPAA” means the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d et seq., as the same has been and may be amended from time to time (including, without limitation, those amendments effected by the Health Information Technology for Economic and Clinical Health Act, Title XIII of the American Recovery and Reinvestment Act of 2009), together with all regulations promulgated thereunder, as the same have been and may be amended from time to time.
“Licensed Healthcare Provider” means a physician, doctor of medicine, medical professional or healthcare professional who is licensed or certified by the applicable board or governing authority to provide certain medical or healthcare services consistent with such license or certification, or to practice medicine, under the laws and regulations of a State or Territory of the United States.
“Patient” means any person other than a Provider who registers for a Patient account with the Site for the purpose of communicating with or engaging one or more Providers for consultation, treatment, or other Provider Services through the Site or the Site Services.
“Protected Health Information” or “PHI” has the meaning assigned to it under HIPAA.
“Provider” means an Allied Professional or a Licensed Healthcare Provider who uses the Site and the Site Services to communicate with Patients and/or to provide Provider Services to Patients, or who registers for a Provider account with the Site with the intent to provide such Provider Services to Patients using the Site Services.
“Site Services” means the proprietary system, Site, mobile applications, products, offerings, and services (including online telehealth services and any interface from the Site to any other service or software utilized by users, Patients, or Providers), owned and operated by the Company that enables Patients to interact with Providers via web-based or mobile technology, secure messaging, secure data storage, task assignments, secure document exchange, and secure video conferencing, together with all associated support services provided with respect thereto by the Company.
“user” means any person who views, accesses, or uses the Site in any way, whether or not such person registers for a Patient account or a Provider account.
ABOUT THE SITE SERVICES
The Site Services we offer enable Patients to report their health history, conditions, symptoms, records, and health-related requests and to engage and communicate with one or more Providers to obtain online or mobile medical, healthcare, and wellness services known generally as telehealth services (the “Provider Services”) through the Site, including through the use of secure messaging, secure data storage, secure document exchange, task assignments, secure video conferencing, and other Site Services.
The Site Services include, without limitation, facilitating and hosting Provider Services and supporting materials, facilitating payment for Provider Services by Patients via third party applications such as Stripe, and taking feedback from Patients. The Company may modify the Site Services or discontinue their availability at any time.
You are solely responsible for all service, telephony, data charges, and/or other fees and costs associated with your access to and use of the Site and the Site Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
All of your use, access, and other activities relating to the Site Services must be in compliance with all applicable laws and regulations, including, without limitation, laws relating to copyright and other intellectual property use, laws relating to privacy and personal identity, and laws relating to the provision or access of health and wellness services and telehealth services. Further, access to the Site Services from territories where their contents are illegal is prohibited. Those who choose to access or use the Site Services from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, privacy, or telehealth services.
GENERAL DISCLAIMERS REGARDING THE SITE SERVICES
We are not a medical service provider, health insurance company, or licensed to sell health insurance. You acknowledge and agree that (a) neither we nor the Site Services are engaged in the practice of medicine, (b) neither we nor the Site Services provide any medical, health and wellness, or other telehealth services, advice, instructions, treatment, diagnoses, procedures, or other information, or any Provider Services, and (c) the Site is strictly a technology platform and infrastructure for connecting Patients with independent Providers. You acknowledge and agree that the Providers using the Site and the Site Services are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical, health and wellness, and other telehealth services, advice, instructions, treatment, diagnoses, procedures, and other information, and any Provider Services, and that all such health and wellness services and Provider Services will be provided and performed exclusively by Providers, in their sole discretion, as they deem appropriate, without involvement, oversight, monitoring, interference, responsibility, or liability from, of, or by the Company.
All of the Providers who deliver or may deliver Provider Services through the Site are independent professionals and practitioners and are not affiliated in any respect with the Company. We do not hire or employ Providers nor are we responsible or liable for any interactions between Patients and Providers who offer or provide Provider Services via the Site and the Site Services. Each Provider is solely responsible for maintaining and ensuring his or her compliance with all requirements applicable to his or her licenses, certifications, and/or profession as well as all applicable laws and regulations applicable to them or the Provider Services they offer or provide. Neither the Company nor any third parties who promote the Site or the Site Services or provide you with a link to the Site shall be liable for any professional, medical, health and wellness, or other advice, instructions, treatment, diagnoses, or other information you obtain from a Provider through use of the Site Services. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of Patients or Providers, including, but not limited to, any Patient’s reliance upon any information provided by a Provider.
To the extent any medical, health and wellness, or other telehealth services, advice, instructions, treatment, diagnoses, procedures, or other information, or any Provider Services are provided to you by a Provider through the Site Services, such medical, health and wellness services are based on your personal health data as provided by you to the Provider and the local standards of care for your presenting symptoms based on the information you provide. None of the Content (as defined below) on the Site constitutes a representation or warranty by the Company that any particular treatment or therapy is safe, appropriate, or effective for you. The Company makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of any advice, diagnosis, treatment, or information transmitted through the Site or the Site Services. Further, a Provider’s ability to use the Site and the Site Services is not an endorsement or recommendation of that Provider by the Company. The Company makes no representations or warranties whatsoever, express or implied, regarding the accuracy, status, validity, truthfulness, or completeness of any credentials, titles, degrees, specialization, practice, education, training, biographical information, geographical information, licensing information, certifications, history, experience, expertise, or any other information provided by any Provider and/or displayed on or transmitted through the Site or the Site Services. Any such information about any Provider displayed on the Site or transmitted through the Site Services by us, including, without limitation, any labels or information about a Provider’s licenses or certifications, or his or her status as a Licensed Healthcare Provider or Allied Professional, is based solely on information provided to us by such Provider, and we do not independently confirm any such information.
THE COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY PROVIDER OFFERING OR PROVIDING PROVIDER SERVICES, INCLUDING ANY MEDICAL, HEALTHCARE, OR WELLNESS ADVICE, TREATMENT, DIAGNOSIS, OR INFORMATION, THROUGH THE SITE OR BY WAY OF THE SITE SERVICES.
The Site contains and displays information about each Provider, including whether such Provider is a Licensed Healthcare Provider (referred to on the Site as a “Licensed Provider”) or an Allied Professional, information about healthcare or medical licenses and certifications held by such Provider, the State or Territory in which such Provider is licensed to practice, and the scope of such licenses or other certifications, and about the credentials, titles, degrees, specialization, practice, education, training, biographical information, geographical information, history, experience, and expertise of such Provider. However, any such information whatsoever that is displayed on the Site about any Provider or transmitted through the Site Services is based solely on information provided by such Provider and is not independently verified by the Company. We do not confirm the credentials, licenses, or any other information provided by Providers using our Site Services, and we do not validate whether or not any Provider is licensed and in good standing with his or her respective licensure board(s) or authorities, if any. It is the Patient’s responsibility to separately confirm that a Provider is licensed and in good standing with his or her respective licensing board(s) or authorities, if any. The Company disclaims all liability with respect to such information, including with respect to the accuracy, status, truthfulness, or completeness thereof.
(1) You are using, registering with, or subscribing to the Site and the Site Services to facilitate the delivery of Provider Services from Providers who have agreed to provide such Provider Services through the Site and the Site Services, and that such Provider Services are provided at the sole discretion and medical or professional judgment of the Providers without any involvement whatsoever by the Company (other than to provide the Site Services to facilitate such Provider Services and communications with Providers).
(2) The Provider Services involve telehealth services and the delivery of healthcare and wellness services using interactive audio and video technology, where the patient and the healthcare professional are not in the same physical location. During your telehealth consultation with a Provider, details of your health history and personal health information and records may, at your discretion and election, be discussed with you or shared or disclosed by you through the use of interactive video, audio, and other telecommunications technology, and your Provider may perform a physical examination through these technologies.
(3) There are potential risks associated with the use of telehealth services, including the Provider Services. These risks include, but are not limited to the following:
- In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate healthcare or wellness decisions to be made by the Provider;
- Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication, and these other means of communication may not be secure;
- In rare cases, a lack of access to your health records may result in adverse drug interactions or allergic reactions or other judgment errors;
- Although the electronic systems we use as part of the Site Services incorporate network and software security protocols to protect the privacy and security of health information, including PHI, in rare instances, security protocols could fail, causing a breach of privacy of personal health information or PHI.
(4) You confirm that you are physically located in the State or Territory of the United States in which you are requesting the Provider Services, and you acknowledge that the Providers you communicate with and/or engage for the provision of Provider Services may not be licensed in the State or Territory in which you are requesting the Provider Services, or at all, and may be unable to lawfully provide you with Provider Services in the State or Territory in which you are located.
(5) The Provider Services may not be reimbursable by Medicare, Medicaid, Tricare, or any other government health care program.
(6) The Provider Services may not be reimbursable by commercial insurers, managed care organizations, preferred provider organizations, or other payors and you will not seek reimbursement from any such payors for the cost of use of the Provider Services where prohibited or otherwise not permitted by such payors.
(7) You are at least 18 years of age or you are accompanied by a parent or guardian who can give informed consent on your behalf at the time of receiving any Provider Services.
(8) The Site Services allow you to share your personal health information, records, symptoms, treatment requests, questions, tasks, and other personal information, including PHI, with Providers on the Site. You acknowledge that you must affirmatively elect to share any such information with any Provider by using functionality provided on the Site (or by disclosing of your own accord such information in writing, via electronic messaging, or orally during video conferencing or teleconferencing) that allows you to select which Providers have access to your information. The Company will never share your PHI or any other personal health information with any Provider without your consent and your affirmative election using such Site functionality to share such information with a particular Provider. The Company is not responsible for any election you make using the applicable Site functionality to share PHI or other personal health information with any Provider, or to provide any Provider with access to your medical records. You are solely responsible for any elections you make on the Site using Site functionality to share your PHI or personal health information with any Provider, or any other communication you make (e.g., by written message or orally during video conferencing) to any Provider of your PHI or personal health information.
As a Provider, you accept responsibility for your Patients on the Site as well as yourself in the use of the Site Services. You are also responsible for the quality of the Provider Services you provide during your use of the Site Services and for complying with all applicable laws, regulations, and ethical standards in connection with your use of the Site Services. For example, you are responsible for obtaining any and all federal, state and local licenses and certifications which may be required to practice your profession when using the Site Services, and for maintaining malpractice and liability insurance in compliance with regulatory and local requirements.
You are also responsible for obtaining patient consent if required by law and complying with any and all privacy laws applicable to the use of the Site Services with your Patients, including HIPAA. The Company has established commercially reasonable safeguards and procedures to protect the security of Patient information and PHI, but you must also take steps to protect your privacy and the privacy and confidentiality of your Patients.
We make no representations regarding your ability to bill third party payors for the Provider Services you provide using the Site. You are responsible for complying with all laws in billing for the Provider Services you provide. You are solely responsible for all billings and collections from Patients. The Company shall have no liability whatsoever to you with respect to any amounts owed to you by any Patient, or any amounts that you bill or invoice to any Patient, regardless of whether you use the Site Services, including third party applications such as Stripe, to bill or invoice or collect payments from Patients.
You are solely responsible for all of the Submitted Content (as defined below) and information that you transmit, provide, or upload to the Site or through the Site Services, and the Company may hold you responsible for such Submitted Content and information in its sole and absolute discretion.
By using the Site Services, you agree that the Company shall not be responsible or liable for: (a) any Content, information, instruction, recommendation, prescription, treatment, diagnosis, advice, or any other Provider Services provided to any Patient by you; (b) any person’s reliance on any such Content, information, instruction, recommendation, prescription, treatment, diagnosis, advice, or any other Provider Services, whether or not correct, current, and complete; or (c) the consequences of any action that you or any other person or entity takes or fails to take based on any such Content, information, instruction, recommendation, prescription, treatment, diagnosis, advice, or any other Provider Services or otherwise as a result of your use of the Site Services as a Provider.
REGISTRATION; RULES FOR CONDUCT
In order to access the Site Services offered on and through the Site, you must register with the Site for an account and receive a password. Registered users can be Patients or Providers.
To register for an account with the Site, you must submit the following information through the account registration page on the Site:
(i) Providers: Providers are required to provide certain personal information, and information about their practices, licenses, and certifications, including: the Provider’s name, date of birth, address, email, mobile and work phone; the Provider’s practice name, address, phone number and fax number; and a user id and password. We may also collect certain optional information, including: middle name or initial, bank account or other payment information, other contact details, picture, communication preferences, and other information, including credentials, titles, degrees, specialization, education, training, geographical information, history, experience, expertise, or any other information that we deem necessary or appropriate.
(ii) Patients: Patients are required to provide their name and email address to register for a Patient account, and they will be asked to select a user id and password as part of the registration process. Patients may also provide certain optional information to be included in their profile, such as contact information, date of birth, or similar information. However, providing such optional information is completely voluntary for Patients. In addition, a Patient can affirmatively elect to communicate other health-related information to a Provider through the Site Services, including by way of secure messaging, secure document storage and transmission, or during a secure video conference. Personal health information provided by Patients will never be shared by us without the affirmative election of the Patient.
Once you have created your account and provided a user-name and password, you are responsible for maintaining the confidentiality of your password, and you are responsible for all activities that occur using your password to access the Site and the Site Services. You agree not to share your password, let others access or use your password or do anything else that might jeopardize the security of your password. You agree to notify the Company if your password on the Site is lost, stolen, if you are aware of any unauthorized use of your password on the Site, or if you know of any other breach of security in relation to the Site. You are solely responsible for any and all uses of your account and all activities that occur under or in connection with it.
You may only access the Site and the Site Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Site and the Site Services. You agree not to use the Site or the Site Services to recruit, solicit, or contact in any form, Providers or other users for employment or contracting for a business not affiliated with us without our advance written permission, which may be withheld in our sole discretion. You assume any and all risks from any meetings or contact between you and any Providers, Patients, or other users on the Site or through the Site Services.
Individuals and/or entities that have previously been terminated by the Company may not register for a new account, nor may they designate other individuals to use an account or the Site Services on their behalf.
Your permission to use the Site and the Site Services is conditioned upon the following Use Restrictions. You agree that you will not, under any circumstances:
- transmit any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Site or the Site Services for any unlawful purpose or for the promotion of illegal activities;
- attempt to harass, abuse, or harm another person or group;
- use another Patient’s or Provider’s account without permission or impersonate another person;
- provide false or inaccurate information when registering for an account, or interfere or attempt to interfere with the proper functioning of the Site or the Site Services;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Site or the Site Services or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data; or
- publish, post, transmit, or link to malicious content intended to damage or disrupt another Patient’s or Provider’s browser or computer.
TRANSMISSION RESTRICTIONS; LICENSE GRANT
All software, technology, designs, materials, information, communications, opinions, records, messages, comments, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, videos, photos, images, reviews, ideas, applications, Site functionality, widgets, buttons, labels, and other data or copyrightable materials or content, including the selection, arrangements, functionality, processes, and user experiences in respect thereof is “Content.” Where the Company provides Content to you through or on the Site or in connection with the Site Services, including, without limitation, the Site, it is “Company Content.” Content submitted, uploaded, transmitted, posted, or otherwise made available on or through the Site or the Site Services by any user is “Submitted Content.” Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws.
You are responsible for any Submitted Content you upload, post, transmit, or otherwise make available on or through the Site or the Site Services, including its legality, reliability, and appropriateness. You agree that we are only acting as a passive conduit for your online transmission of your Submitted Content. The Company reserves the right to remove any Submitted Content from the Site at its discretion.
You may not upload, post, or otherwise make available on the Site or through the Site Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy, or publicity rights or any other harm resulting from any transmission you make of your Submitted Content.
Notwithstanding the foregoing, We reserve the right to revoke this license to access and use Submitted Content and Company Content granted to you as described above.
ONLINE CONTENT DISCLAIMER
Any Content other than Company Content transmitted or made available through the Site or the Site Services, including opinions, advice, statements, offers, instructions, diagnoses, recommendations, treatments, or other information or Submitted Content not made by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such Content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither does the Company adopt or endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement, or any other information transmitted or made by parties other than the Company. The Company takes no responsibility and assumes no liability for any Submitted Content that you or any other user, Patient, Provider, or third party posts or sends over the Site or through Site Services. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to users, Patients, or Providers or any other persons viewing the Site.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Site Services, the Company may provide you with links to third party website(s) (“Third Party Sites”) as well as content, applications, or items belonging to or originating from third parties (the “Third Party Applications, Software, or Content”). These links are provided as a courtesy to Site users. The Company has no control over Third Party Sites and Third Party Applications, Software, or Content or the promotions, materials, information, goods, or services available on these Third Party Sites or Third Party Applications, Software, or Content. Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software, or Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites or the Third Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
The Company respects the intellectual property rights of others and requests that users, Patients, and Providers do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users, Patients, or Providers on the Site who are repeat infringers. The Company may terminate access for users who are found repeatedly to provide, transmit, or post protected third party content without necessary rights and permissions.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, the Site Services, and the Company Content, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Site or through the Site Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
USER CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS
We may also use your email address, to send you other messages, including information about the Company, the Site, the Site Services, and special offers. You may opt out of such email by changing your account settings or sending an email to email@example.com. Opting out may prevent you from receiving messages regarding the Company, the Site, the Site Services, or special offers.
FEES, SUBSCRIPTIONS, PURCHASE TERMS
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing the Company with your credit card number or Stripe account and associated payment information, you agree that the Company is authorized to immediately invoice or charge your account for all fees and charges due and payable to the Company hereunder and that no additional notice or consent is required.
If your payment method fails or your account is past due, then we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to any Site Services pending resolution of any amounts due by you to the Company.
THE SITE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SITE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE OR THE SITE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM THE SITE OR THE SITE SERVICES, OR RESULTING FROM YOUR UPLOADING OR TRANSMITTING ANY INFORMATION, RECORDS, OR FILES THROUGH THE SITE SERVICES.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, TRANSMISSION, OR DISPLAY OF YOUR SUBMITTED CONTENT; (B) THE SHARING OF ANY OF YOUR PERSONAL INFORMATION, INCLUDING ANY PHI, WITH ANY PROVIDER BASED ON YOUR ELECTION TO SHARE SUCH INFORMATION OR THE COMMUNICATION BY YOU OF SUCH INFORMATION, (C) YOUR USE OR INABILITY TO USE THE SITE SERVICES; (D) THE SITE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE SERVICES AVAILABLE, OR ANY PROVIDER SERVICES; OR (E) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER, PATIENT, OR PROVIDER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree that any claim or dispute you may have against the Company must be resolved exclusively by a state or federal court located in the State of Texas, except as otherwise agreed by the parties or as described in the arbitration provision below. You agree to submit to the personal jurisdiction of the courts located in Houston, Texas for the purpose of litigating all such claims or disputes.
For any claim or cause of action (i) raised by a resident of a country other than the United States of America; or (ii) where the total amount of the award sought is less than twenty thousand dollars ($20,000.00), you agree that the Company may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event the Company elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution (“ADR”) provider chosen by the Company. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.
You agree that any claim or cause of action related to or arising out of your relationship with the Company must commence within twelve (12) months after the cause of action accrues. Otherwise, such cause of action is permanently barred.