Aleriom LLC Terms of Use
Last Updated: September [21], 2023
These terms and conditions of use (“Termsof Use”) govern your use of our online interfaces and properties (e.g.,websites and applications) owned and controlled by Aleriom LLC (“Aleriom,”“we,” “us,” and “our”), including the www.aleriom.com website (the “Site”), aswell as the services (“Services”) available to users through the Site orthrough any other means, including mobile phone applications. The terms “you”and “your” means you, your dependent(s) or representative(s) if any, and anyother person accessing your account on the Site or Services. Your acceptanceof, and compliance with these Terms of Use is a condition to your use of theSite and Services. By using the Site or Services, you acknowledge that you haveread, understood, and expressly agree to all terms and conditions contained within the Terms of Use and Privacy Policy. If you do not agree to be bound bythese terms, you are not authorized to access or use this Site or Services forany purpose; promptly exit the Site or Services.
USER REPRESENTATIONS: You represent and warrant that you are at least eighteen (18) yearsof age to register on the Site, to enroll for the Services and/or use theServices. You further represent and warrant that: (i) you have the legalability and authority to agree to these Terms of Use and use the Site andServices; (ii) the information you provided during your registration isaccurate and complete; (iii) you will comply with all applicable laws as itrelates to the Site and/or Services; and (iv) you will not interfere with, disrupt, or replicate, or attempt to interfere with, disrupt, or replicate this Site and Services and its security measures and protocols. If any information you provided to us becomes inaccurate, incomplete, or otherwise false and/ormisleading, you will immediately notify us. You are responsible for ensuring that any information you provide is complete, up to date, and accurate.
MODIFICATIONOF TERMS: We reserve the right to update and modifythe Terms of Use at any time and for any reason, without penalty or liabilityto you or any third party. Any changes of the Terms of Use are effectiveimmediately upon posting. By continuing to access and use the Site or Services,you expressly agree to follow and be bound by all applicable updates and changesto the Terms of Use.
MODIFICATIONOF SITE AND SERVICES: We reserve complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or otherwise discontinue any functionality or feature of the Site orthe Services. We reserve the right to maintain, delete, or destroy all communications and user content posted or uploaded to the Services pursuant to applicable law and our internal record retention and destruction policies. Occasionally, we may perform maintenance on or upgrade the Site or Services orthe underlying structure that enables use of the Site or Services. This may require us to temporarily suspend or limit your use of the Site or Services until such time the maintenance or upgrade is completed. To the extent possible and unless otherwise stated, we will endeavor to publish the time and date ofsuch expected suspension or limitation on its Site or Services in advance when possible. You agree that you are not entitled to claim any damages for such suspension or limitation during such maintenance or upgrade.
LICENSE: Upon accepting the Terms of Use, you are granted a limited, non-assignable, non-sublicensable, non-exclusive license to use the Site or Services on a personal computer, mobile phone, or other electronic device for personal use through your individual account. You agree not to grant any right to third-parties to your personal use of our Site or Services.
USEOF SERVICES: You are required to provide us with an email address or phone number upon registering for a user account. We will use email/phone communications to send you important updates about the Site and Services, as well as notifications when information and documents are added that you need to beaware of (e.g. forms, updated terms, etc.). In some instances, but not all,registered users may be permitted to opt out of receiving certain emails/notifications.
Use of the Site and Services describedherein are subject to our Privacy Policy and, where applicable, Notice ofPrivacy Practices. The Privacy Policy and Notice of Privacy Practices arehereby incorporated by reference into these Terms of Use.
Portions of the Site or Services are only available to users who have registered and created an account with an appropriate username (“Registered Users”). Each Registered User is responsible for controlling the privacy, dissemination, access to, and use of their username and password, and promptly informing us of any need to deactivate apassword. You also agree to promptly notify us of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Site or Services by emailing us at info@aleriom.com. We explicitly disclaimliability for any and all losses and damages arising from your failure to comply with this section.
To access the Site and Services, you arerequired to have an Internet broadband connection. You must also have the necessary equipment (i.e., webcams and microphones) to enable clear communication whenusing the Site and Services. The Site may use the processing capabilities, memory, and bandwidth of your personal electronic device for the limited purpose of establishing the connection between you and a third-party provider and facilitating the Services through the Site.
Neither the Site nor Services are intended to support or carry emergency calls to any law enforcement or health care provider or entity. In the event of a medical emergency, dial 911 or the respective emergency number immediately.
SERVICES: The Services enable you and other consumers to find, request, or receive (i) Third-Party Services from third party service providers, Including without limitation, dentists, physicians, hotels, restaurants and independent drivers (“Third-Party Providers”); (ii) related personalized content, including features, recommendations and advertisements for productsor services tailored to your needs and interests; and (iii) certain supporting services, including providingyou the ability to express certain preferences about the Third-Party Servicesor Third-Party Service Providers, payment processing and customer support. Unless otherwise agreed by us in a separate written agreement with you, these Services are made available solely for your personal, noncommercial use.
Once you make arequest, Aleriom notifies Third-Party Providers that an opportunity is available so that the Third-Party Provider may complete your request. It is up to the Third- Party Provider to decide whether or not to offer Third-Party Services to you or at all, and it is up to you to decide whether or not to accept such services from a Third-Party Provider.
ALERIOM IS NOT A DRIVER, ACOMODDATION, MEDICAL or DENTAL PROCEDURE PROVIDER AND DOES NOT TREAT, DRIVE or ACOMMODATE YOU. GENERALLY, THE SERVICES ARE ONLY OPEN TO REGISTERED USERS OF THE SERVICES AND NOT TO THE GENERAL PUBLIC. YOUR ABILITY TO REQUEST, AND IF APPLICABLE, OBTAIN THIRD-PARTY SERVICES FROM THIRD-PARTY PROVIDERS INCONNECTION WITH THE USE OF THE SERVICES DOES NOT ESTABLISH ALERIOM AS A PROVIDER OF ANYTHING OTHER THAN THE SERVICES. INDEPENDENT THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF ALERIOM IN ANY WAY. ANY EFFORT, FEATURE, PROCESS,POLICY, STANDARD OR OTHER EFFORT UNDERTAKEN BY ALERIOM TO FACILITATE YOUR RECEIPT OF THIRD PARTY SERVICES OR IN THE INTEREST OF SAFETY OR SECURITY (WHETHER REQUIRED BYAPPLICABLE REGULATIONS OR NOT) IS NOT AN INDICIATION OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP WITH A THIRD- PARTY PROVIDER.
By requesting a medical consultation with aprovider through the Site for medical or dental tourism services outside the United States, you are expressing your intent to establish a clinician/patient relationship with a third-party provider (“Provider”), who will assume full responsibility for delivering professional medical or dental services. It is important to note that the provision of medical care will occur outside the United States and in person. Please be aware that the establishment of a bona fide clinician/patient relationship with a medical professional, based on mutual acceptance, is a prerequisite for receiving any medical care. By engaging in this relationship, you understand and agree that you will be solely responsible for the financial obligations associated with the provision of professional medical services by the Provider, including those incurred during your medical tourism experience outside the United States.
MINORS / ELDERS: The Services are generally not available for use by persons under the age of 18 or older tan 70. You may not authorize third-parties to use your Account, and you may not allow persons under the age of 18 or over the age of 70 to use the Services.
MEDICALDISCLAIMERS: The Site does not provide medical advice and no provision of Services or operation of the Site is, or should be construed as, the practice of medicine. We make no representation or warranty as to the content or quality of any treatment decision, recommendation, or response from any Provider. You and the Provider are solely responsible for all information and/or communication sent during a telephone or web video consultation, secure e-mail,or other communication, and the subsequent result. We do not guarantee or establish in any way that a telephone or web video consultation or securee-mail is an appropriate course of treatment for your particular health care situation or needs. You acknowledge and agree that this Site is not are placement for your existing relationship with your primary physician or health care provider. You will contact your physician immediately in any case, especially should your condition change or your symptoms worsen. If you require emergency care, you will contact your local emergency services immediately
GENERAL DICLAIMERS: THE SERVICES ARE PROVIDED “AS IS” AND “ASAVAILABLE.” ALERIOM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, ORSTATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANDNON-INFRINGEMENT. IN ADDITION, ALERIOM MAKES NO REPRESENTATION, WARRANTY, ORGUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, ORAVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USEOF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
ALERIOM DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OFTHIRD- PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USEOF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
ALERIOM DOES NOT CONTROL ANY THIRD-PARTY PROVIDERS. THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF ALERIOM. IF A DISPUTE ARISES BETWEEN YOU AND OR ANYOTHER THIRD PARTY, YOU RELEASE ALERIOM FROM LOSSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUTOF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
ALERIOM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OFVIRUSES OR OTHER HARMFUL COMPONENTS. ALERIOM’S USE OF ALGORITHMS IN AN ATTEMPT TO PROVIDESERVICES OR IMPROVE THE EXPERIENCE OF USERS AND THE SECURITY AND SAFETY OF THESERVICES DOES NOT CONSTITUTE A GUARANTEE OR WARRANTY OF ANY KIND, EXPRESSED ORIMPLIED. YOUR USE OF THEWEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OFFERED THROUGH THE WEBSITE ISAT YOUR OWN RISK.
We will use reasonable efforts to keep the Site or Services content timely and accurate, but we make no guarantees, and disclaim any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose. We assume no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site or Services.
CONTENTOF COMMUNICATION: We do not endorse or take responsibility for the content of communications made using any portion of theSite. By using the Site, you agree that any content received or transmitted is entirely the responsibility of the individual from whom such content originated. You agree that you are solely responsible for the content you choose to upload onto the Site or communicate to a Provider. You agree not to(i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) anydata, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (1)libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Siteor the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii)impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Siteor the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate,or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to the Site. You may not alter the attribution or origin of electronic mail, messages, or posting; (ix) harvest or collect protected health information about any other individual who uses the Site or the Services; (x)infringe or facilitate infringement on any copyright, patent, trademark, tradesecret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
PAYMENT: We may choose to charge fees for your use of certain Services. Where applicable, you agree that we may charge your credit card or other payment mechanism on file for all amounts due and owing for theServices, including taxes and service fees, set up fees, subscription fees, orany other fee associated with use of your registered account. We may change prices at any time, including changing a free service to a paid service; provided, however, that we will provide you with prior notice and an opportunity to terminate your registered account. You agree that in the eventwe are unable to collect the fees owed for the Services through your account,we may take any other steps we deem necessary to collect such fees from you andthat you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees and court costs.
Your use of the Services may result in charges to you for the servicesor goods you receive from Aleriom and/or from Third-Party Providers (“Charges”). Aleriom will enable your payment of the applicable Charges for goods or services obtained through your use of the Services. Charges will include applicable taxes where required by law. Charges may include but not limit to other applicablefees such as delivery fees, service fees, product return fees, cancellation fees, government-mandated fees, estimated or actual tolls,and/or surcharges.
With respect to Third-Party Providers, Charges you incur will be owed directly to Third-Party Providers, and Aleriom will collect payment of those charges from you, on the Third- Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third-Party Provider. Payment to a Third-Party Provider of goods or services shall be considered to occur at the moment you submit payment through Aleriom.
There also may becertainCharges you incur that will be owed and paid directlyto Aleriomor its affiliates. For the avoidance of doubt, Aleriom does not chargea fee for you to access the Aleriom App, but may charge you a fee or any other Charge for accessing Third-Party Services. Even if not indicated in the Aleriom App or site, the prices displayed through the Services may differ from the prices offered or published by Third-Party Providers for the same service, including as may be offered or published at a physical location operated by a Third-Party Provider, and/or from prices available at other third-party websites/mobile applications/sites. Prices for services or items displayed through the Services may not be the lowest prices at which the services are sold.
All Charges and payments willbe enabled by Aleriom using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired,invalid or otherwise not able to be charged, you agree that Aleriom may use another available payment method in your Account orrequest you to insert one if no secondary payment method is available.
As between you and Aleriom, Aleriom reserves the right to establish or adjust Charges for any or all services or goods obtained through the use of the Services at any time. Aleriom will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
TERMINATION: Unless expressed otherwise in writing, we reserve the right to terminate, rescind,revoke, or modify your access to the Site or Services without notice at anytime for any reason. Any violation of these Terms of Use will result inimmediate termination. We shall not be liable to you or any third party for anysuch termination. You may opt out of the Site or Services at any time.
INTELLECTUAL PROPERTY: All materials on the Site or Services, including the design,layout, and organization (collectively referred to as “Content”), with theexception of data contained in user records, are owned and copyrighted by us orour affiliates and are protected by all applicable intellectual property laws. All rights and title to the Content, trademarks and service marks herein remainwith us or its licensors. You are authorized to view the Site or Services and Content. All rights not expressly granted herein are reserved to us. You maynot reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, circulate or exploit for commercial gain any portion of the Site or Services or the Content.
You further agree that any information you provide or use on the Site or Services, and your use of the Site or the Services, will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret,or other proprietary, publicity, or privacy rights of any party, including suchrights of third parties. You further agree that you shall not, and shall not permit any individual or entity to (a) reverse engineer, disassemble, decompile, decode, or adapt the Site, Services, or Content, or otherwise attempt to derive or gain access to the source code of the Site, in whole or inpart; (b) bypass or breach any security device or protection used for or contained in the Site or Services; (c) use the Site or Services for purposesof: (i) benchmarking or competitive analysis of the Site; (ii) developing, using or providing a competing software product or service; or (iii) any other purpose that is to Our commercial disadvantage; or, (d) use the Site, Services,or Content for any other purpose or application not expressly permitted by this Agreement.
THIRDPARTY WEBSITES: ALERIOM DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT ORTHIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES.
We may provide external links to third,party web sites. These Terms of Use apply only to your relationship with us and the Site or Services, and do not describe the terms and conditions, privacy policies or other policies of third parties. Your use of third-party websitesis at your own risk and subject to the third party’s terms and conditions. We disclaim any and all liability for any information set forth on linked sites.
NOENDORSEMENT: We do not endorse the promotions, products, publications, or services of any third parties. We do not warrant or validate the advertisements, promotions, communications, or other materials of any third party. Any views expressed by third parties on this Site or Services are solely the views of such third party and we assume no responsibility or liability for the accuracy of any statement made by such third party.
INDEMNIFICATION: You hereby agreeto hold harmless, defend and indemnify us, our principals, owners, officers, directors, managers, employees, contractors, agents, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims,demands, and expenses, including attorney’s fees, that arise from or arerelated to (a) your use or misuse of the Site or Services, (b) your breach ofthese Terms of Use, (c) the content or subject matter of any information youprovide to us, and/or (d) any negligent or wrongful act or omission by you in the use or misuse of the Site or the Services, including without limitation, infringement of third party intellectual property rights. You agree to waive, to the fullest extent permitted by law, all laws that may limit the efficacy of such indemnifications or releases (e) your violation of the rightsof any third party, including Third-Party Providers (f) Aleriom’s use of your User Content
LIMITATION ON LIABILITY: IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION,OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT(INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR INANY WAY CONNECTED WITH THE SITE OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BASED ON USE OF THIS SITE OR SERVICES, EXCEPT AS REQUIRED BY LAW.
ALERIOM SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT)OF ALERIOM, EVEN IF ALERIOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALERIOM SHALL NOT BE LIABLE FOR ANYDAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i)YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THESERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIPBETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF ALERIOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALERIOM SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ALERIOM’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF ALERIOM.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, MEDICAL AND DENTAL PROCEDURES, LODGING OR LOGISTICS SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT ALERIOM HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS, LOGISTICS, MEDICAL AND DENTAL SERVICES PROVIDED TO OR NOT PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
ALERIOM SHALL NOT BE LIABLE FOR ANYDAMAGES, LIABILITY OR LOSSES ARISING OUT OF LACK OF OR IMPROPER INSTALLATION OR USE OF ANY SYSTEMS FOR USERS THROUGH THE THIRD-PARTY PROVIDED SERVICES.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATESOR JURISDICTIONS, ALERIOM’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON ALERIOM’S CHOICE OF LAW PROVISION SET FORTH BELOW.
GOVERNING LAW: These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware,as amended from time to time, without regard to principles of conflicts of law.Any cause of action or claim you may have with respect to us must be commenced within one (1) year after it arises.
SEVERABILITY: If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity ofthe remaining provisions of these Terms of Use, which shall remain in fullforce and effect.
WAIVER: No delay by us in the exercise of any right shall be deemed awaiver thereof, nor shall the waiver of a right or remedy in a particular instance constitute a waiver of such right or remedy generally.
AGREEMENTTO ARBITRATE, JURISDICTION, VENUE: YOU AGREE THAT ANY DISPUTE, CLAIM ORCONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE BREACH,TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF OR THE USE OF THESERVICES (COLLECTIVELY, “DISPUTE(S)”) WILL BE SETTLED BY BINDING ARBITRATION. This arbitration clause governs all disputes, except that each party retains the right: (i) to bring an individual action in small claims court, and (ii) to seek injunctive or other equitable relief in a court of competent jurisdictionto prevent the actual or threatened infringement, misappropriation or violationof a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause(ii), an “IP Protection Action”).
Without limiting the foregoing, you maydecline the above arbitration provisions and you may retain the right tolitigate any other Dispute if you provide us with written notice of your desireto do so, by U.S. mail or express courier to the address contained in the“Notices” section below, within thirty (30) days following the date you firstagree to these Terms of Use (such notice, an “Arbitration Opt-outNotice”). If you don’t provide us withan Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth above. The exclusive jurisdiction andvenue of any IP Protection Action or, if you timely provide us with anArbitration Opt-out Notice, any other claims, will be the state and federal courts located in Miami-Dade County, Florida and each of the parties here to waives any objection to jurisdiction and venue in such courts.
UNLESS YOU TIMELY PROVIDE US WITH AN ARBITRATION OPT-OUT NOTICE, YOU ACKNOWLEDGE AND AGREETHAT YOU AND WE ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS APLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND WE OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.
Any arbitration occurring pursuant to this section will be administered by the American Health Lawyers Association(“AHLA”) in accordance with the Rules of Procedure for Consumer Arbitration before a single arbitrator with the locale of all hearings requiring physical attendance of the parties to occur in Miami-Dade County, Florida. The arbitrator will be empowered to grant whatever relief would be available in court under law or inequity. Any judgment award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
This section will survive any termination of these Terms of Use.
NOTICES: We may provide notice to you by e-mail at the e-mail address You provided during registration, by a general notice on the Site or Services, orby written communication delivered by first class U.S. mail or express courier to your address on record in your account information. You may give notice to us at any time, in writing, delivered by first class U.S. mail or express courier to 1209 Orange Street, City of Wilmington, Delaware.
