Last Revised: March 2025
Welcome to Healthee. Please read these End User Terms of Use (the “Agreement“) carefully before using the Insurights, Inc., dba Healthee (“Company”, “we”, “our” or “us”) proprietary mobile application and/or web application made available by us (the “Platform”). This Agreement is a legally binding agreement between Company and the individual registering for, or otherwise accessing or using, the Platform (“you” and “your“). This Agreement applies to, and governs, your access to and use of the Platform (defined below).
By clicking “I agree” or “Accept” (or other similar button), or otherwise accessing or using the Platform (such date when you agreed, accepted, or accessed the Platform, the “Effective Date“), you are agreeing to this Agreement. By entering into this Agreement, you represent and warrant that you are at least eighteen (18) years old, and in any event of a legal age to form a binding contract.
The Platform includes information about personal insurance coverage and overall information about health and wellness benefits, designed to provide you with decision support regarding insurance coverage and options.
Please keep in mind that this Agreement applies to the Platform, and not to any third party products, services, websites, or content (even if they are offered via the Platform). Please see Section 7 (Third Party Content and Non-Healthee Services) below for more information.
The Platform is operated by Company. You acknowledge and agree, however, that – at our sole discretion – any Company obligation may be performed, and any Company right or remedy may be exercised, under this Agreement by a subsidiary or affiliated entity of Company (each, an “Affiliate“). Accordingly, when such Affiliates perform such obligations or exercise such rights, references below to “Company” shall also be deemed to extend to such Affiliates
To further accessibility, this Agreement utilizes a two-column format. The official and binding provisions for using the Platform are on the left. A helpful explanatory note is included on the right, but these explanatory notes are for convenience of reading only, are not binding and the parties agree not to use or rely on such explanatory notes for purposes of interpretation of this Agreement.
ARBITRATION NOTICE: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION AGREEMENT – SEE SECTION Error! Reference source not found.Error! Reference source not found.Error! Reference source not found. (GOVERNING LAW; MANDATORY ARBITRATION) AND ITS RELATED SCHEDULE A. PLEASE READ THAT SCHEDULE CAREFULLY, SINCE IT MAY REQUIRE YOU AND COMPANY TO ARBITRATE CERTAIN DISPUTES AND LIMIT THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF. THERE IS, HOWEVER, AN OPTION TO OPT-OUT.
When you use the Platform, you enter into a legal agreement with us and agree to all of this Agreement.
(a) Who may access the Platform. You may access the Platform only if you are a registered user (a “Registrant”). To become a Registrant, subject to the requirements in paragraphs (b) and (c) below, you will be required to generate an account by submitting the information requested in the applicable online form or Platform interface (“Account”). We may approve or deny your request to register, in our sole discretion. We may also suspend, block, or terminate your access to the Platform (or any part thereof) if we deem such suspension, block, or termination is necessary because of your breach or suspected breach under this Agreement. You shall be solely responsible and liable for maintaining the confidentiality and security of your Account credentials, as well as for all activities that occur under or in your Account. You shall immediately notify us in writing of any unauthorized access to, or use of, your Account, or any other breach of security.
We love when people use the Platform but do have some limits on who may register.
(b) Registrant requirements – Location. You must be located in the United States to be a Registrant. Although the Platform is accessible worldwide, it is intended solely for use within the United States and is not appropriate for use outside the United States. To the extent you are prohibited from becoming a Registrant, your registration will be deemed void. If you choose to access the Platform from outside the United States, you do so on your own initiative, at your own risk, and are solely responsible and liable for complying with applicable local laws and regulations. You represent and warrant that: (A) you are not a resident of (and you will not access or use the Platform in) a country that the U.S. or any other relevant government has embargoed (including without limitation Lebanon, Syria, Iran, Iraq, Sudan, Yemen, Cuba, North Korea, or the Crimea, Donetsk, or Luhansk regions of Ukraine), nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning list of any jurisdiction; and (B) your country of residence is the same as the country specified in your Account registration, as well as any applications that you submit to us.
While the Platform may be accessible via the Internet from Albania to Zambia, it is not designed for use in all countries.
(c) Registrant requirements – Age. To request to be a Registrant, you must be at least eighteen (18) years old, and you must have obtained any necessary permissions and consents from your employer or any other entity through which you received access to the Platform to become a Registrant.
The Platform is available for individuals 18 years of age and older.
(d) Subscription License. Upon approval as a Registrant, and subject to the terms and conditions of this Agreement (including without limitation, Section 4 (Acceptable Use)), we grant you permission and a limited, non-exclusive, non-transferable, non-sublicensable and revocable license, during the Subscription Term (as defined below), to access and use the Platform for your own end use (collectively, the “Subscription License”).
You must follow the rules in this Agreement when using the Platform, and your access is limited in duration at our sole discretion.
(e) Registrant Obligations. When you create the Account with us, you must provide us with accurate and complete information, and you agree to not sell, transfer, license or assign the Account, user name, or any Account rights, to any third party. You shall ensure that all information submitted during the registration process is, and will thereafter remain, complete and accurate.
You must give us correct information during registration.
(f) Availability; Features and Functionalities. The Platform may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Company may, from time to time, modify and replace the features and functionalities, as well as the user interface, of the Platform. Some features and functionalities may in any event be restricted by geography or otherwise, in order for Company to comply with applicable laws or regulations or commitments to third parties. You agree that your subscription to the Platform is not contingent on the delivery of any future functionality or feature, or dependent on any oral or written statements made by or on behalf of Company regarding future functionalities or features.
We may change, upgrade or end the Platform at any time.
(a) Uploading and Sharing Content. The Platform allows you to provide certain Content (defined below) to us, including when you correspond with us or complete forms on the Platform. Any Content that you upload or otherwise make available on the Platform is referred to as “Your Content.” Once you share Your Content, it cannot always be withdrawn or returned to you. “Content” means any text, data, information, reports, files, images, graphics, software code, or other content.
You are responsible for what you upload and share, and once it’s uploaded and shared, it cannot always be taken back.
(b) Responsibility for Your Content. You are solely responsible for the legality, accuracy and quality of Your Content, such as for ensuring that your collection, processing, storage and transmission Your Content is compliant with all applicable laws and regulations. You represent and warrant that: (a) no processing of Your Content under this Agreement (whether by Company, its Affiliates, or by any third party processors) will violate any law, regulation, proprietary right, or privacy right; and (b) you have obtained and will maintain all required consents and licenses, and will maintain all ongoing legal bases under relevant privacy laws and regulations (if applicable), necessary to provide, make available, and otherwise expose Your Content to Company, its Affiliates, and any third party processors (if applicable).
You own your content, but you give us permission to use it in order to operate and provide the Platform, and, if applicable, third-parties product and services.
(c) Ownership of Your Content. As between you and Company, you retain all ownership rights in Your Content.
(d) How we can use Your Content. You hereby grant us and our Affiliates a nonexclusive, royaltyfree, paid-up, transferable, sublicensable (through multiple tiers), worldwide right and license to use, store, display, reproduce, modify, create derivative works, perform, and distribute Your Content for the purposes of operating, developing, providing, improving, and enhancing the Platform, as well as (if applicable) for the purpose of enabling access to and use of Non-Healthee Services (defined below). Nothing in this Agreement shall restrict other legal rights we may have to Your Content. We reserve the right to remove or modify Your Content for any reason, including when we believe it violates this Agreement. Company and its Affiliates may, from their own systems, monitor (and collect data and information regarding) your use of the Platform in order to ensure quality, improve Company’s products and services, and ensure compliance with this Agreement. You shall not interfere with this monitoring, and Company may use any technical means to overcome any such interference.
(e) How long we keep Your Content; Platform not a Storage Service. Except as set forth in our privacy policy, following termination or deactivation of your Account, or if you remove any of Your Content from the Platform, we may retain Your Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, we may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of Your Content. The Platform is not intended to operate as a data storage or archiving product or service, and you agree not to rely on the Platform for the storage or archiving of any Content whatsoever. You are solely responsible and liable for the maintenance and backup of all Your Content.
If you close your account or remove content, we may keep a copy of it for certain business purposes.
(f) Feedback you provide. If you provide us any suggestions, feedback, corrections, enhancement requests, or similar ideas for or about the Platform (collectively, “Feedback”): (a) you agree that we exclusively own all right, title, and interest (including without limitation all Intellectual Property Rights (defined below)) in and to the Feedback, and you are not entitled to any compensation or attribution in exchange; (b) you represent and warranty that the Feedback does not contain confidential or proprietary information belonging to you or any third party; (c) you agree that we may (ourselves and/or via third parties), in perpetuity, use, copy, distribute, sell, create derivative works of, and otherwise commercially exploit the Feedback for any purpose and in any way, and without any restriction or obligations of any kind whatsoever; (d) your agree there is no obligation for us to review your Feedback; and (e) you agree that we have no obligation to keep the Feedback confidential.
We love feedback and your ideas, and if you submit a comment to us, we may use it however we want.
(g) Company IP. Company (and/or its licensors and suppliers, as applicable) is and shall be the sole and exclusive owner of all right, title, and interest (including without limitation all Intellectual Property Rights) in and to the following (collectively, the “Company IP“): (a) the Platform, and all related technology and intellectual property; (b) all Content (other than Your Content) appearing on or in, or otherwise provided or made available via, the Platform (“Platform Content“); (c) any data, reporting, suggestions, analyses, and/or intelligence relating to the operation, support, and/or your access or use, of the Platform or Platform Content; (d) any Feedback; and (e) any modifications, derivative works, and/or improvements of or to any of the foregoing (regardless of inventorship or authorship). You shall make, and you hereby irrevocably and unconditionally make, all assignments necessary or reasonably requested by Company to ensure and/or provide Company (and/or its designees, successors, and assigns) the ownership rights set forth in this paragraph. Except for the Subscription License, no license or ownership right in or to any Company IP is granted or conveyed to you under this Agreement, all of which are hereby reserved by Company and its licensors. “Intellectual Property Rights” means any and all rights, titles, and interests (under any jurisdiction or treaty, whether protectable or not, and whether registered or unregistered) in and to any technology, invention, work of authorship, software, database, data, know-how, business name, logo (or other branding), software, design, and/or other intellectual property, and includes but is not limited to patents, copyrights and similar authorship rights, moral (and similar personal) rights, mask work rights, data and database rights, trade secret rights and similar rights in confidential information and other non-public information, design rights, trademark, service mark, trade name, trade dress and similar branding rights, as well as: (i) all applications, registrations, renewals, reexaminations, extensions, continuations, continuationsin-part, provisionals, substitutions, divisions or reissues of or for the foregoing; and (ii) all goodwill associated with the foregoing.
We own what we developed and everything that makes up the Platform.
(h) Usage Restrictions. As a condition to your Subscription License, you shall not (and shall not permit or encourage any third party to) do any of the following, in whole or in part: (a) copy or reproduce (such as by screen scraping), republish, create public Internet “links” to, “frame”, or “mirror” any Company IP, or otherwise access any Company IP via any automated process; (b) sell, assign, lease, lend, rent, distribute, or make available any Company IP to any third party, or otherwise offer or use any Company IP as part of a time sharing, outsourcing, or service bureau environment; (c) modify, adapt, arrange, translate, decompile, disassemble, reverse engineer, decrypt, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying ideas, algorithms, structure, models, sequence, organization, and interfaces) of, any Company IP; (d) remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary rights notice or legend displayed or contained on or in any Company; (e) circumvent, disable or otherwise interfere with security-related or technical features or protocols of any Company IP; (f) make a derivative work of any Company IP, or use any Company to develop or create any service, product, or Content that is the same as (or substantially similar to or competitive with) any Company IP; (g) provide, upload, publish, or transmit (whether as Your Content or otherwise) any “robots” or “spiders” (such as web crawlers), virus, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt, or otherwise misuse, any Company IP; (i) take any action that imposes or may impose (at Company’s sole discretion) an unreasonable or disproportionately large load on any infrastructure of any Company IP, or otherwise interfere (or attempt to interfere) with the integrity or proper working of any Company; (j) use any Company IP to infringe, misappropriate or violate any third party’s Intellectual Property Rights (as defined below), privacy (or other personal) rights), or any law or regulation (such as to impersonate or attempt to impersonate any other person or entity); and/or (k) upload or publish any advertisement or promotional material on any Company IP.
(a) General. The Platform is a platform that permits Registrants to upload certain Content to the Platform in order to receive certain services and information. You hereby agree and understand that Your Content is provided voluntarily. Other than information required to register for the Platform, you are in control of what personal information, if any, is uploaded and shared by you through the Platform. Nothing in this Agreement is intended to limit in any way your statutory right, including your rights to a remedy or means of enforcement. Please note that we use a session recording tool to record your sessions on the Platform for the purpose of analyzing your use of the Platform and making improvements to the Platform, subject to our standard security measures. By accepting this Agreement and continuing to use the Platform, you consent to such session recording.
You are in control of what (if anything) you decide to share on the Platform.
(b) Privacy Policy. Personal information (aka personal data) we collect or receive from you in connection with this Agreement (for example, when you apply to register an Account) will be processed in accordance with our then-current privacy policy, as amended by us from time to time (currently available at: https://healthee.com/privacy_policy/) (the “Privacy Policy“). The Privacy Policy is hereby incorporated into this Agreement by reference. If you have any questions, please contact us at info@Healthee.com.
Use of the Platform is also subject to our Privacy Policy.
(c) SMS Terms. We may send SMS messages to our users, visitors and/or customers. We will do so after you consent to receive such SMS. You can decide stop receiving the SMS by replying “STOP” or by following the “unsubscribe” link embedded in each SMS, after you do so, we will confirm that you have been unsubscribed. You can sign up again to receive our SMS by registering on our website. Message rates may apply for any messages you send us. Message frequency may vary. If you have any questions about your SMS/text plan or data plan, we encourage you to contact your phone carrier. If you have any questions regarding privacy, please read our Privacy Policy.
(d) Artificial Intelligence. You acknowledge and agree that Company is authorized to create a user ID (“User ID“) from Your Content, which will be anonymized. Company is hereby permitted, and you hereby consent, that Company may customize and improve the Platform based on analyzing and customizing your access to and use of the Platform. Company may also use artificial intelligence models (“AI Models“) to provide you with AI-based features such as suggested actions, information, solutions, recommendations, and scripts. These AI Models may involve data processing, analysis, and automation to enhance the functionality and effectiveness of the Platform, as well as Content generation. Company and its generative AI-related sub-processors may monitor your use of the AI Models to prevent and/or debug abusive, unlawful, harmful, or unauthorized uses. You agree to comply with the applicable terms and policies of AI Model providers, which you shall read, acknowledge, and agree to. A list of the current suppliers of AI Models is available upon request. You assume all risks associated with the use of the AI Models and reliance on the AI Models’ recommendations, actions, and outputs. By using the AI Models, you grant Company a worldwide, irrevocable, non-exclusive, royalty-free, paid-up, perpetual, sublicensable (through multiple tiers), and transferable license to use, process, reproduce, distribute, adapt, transform, prepare derivative works of, display, and perform text (both the input and the output) to provide and improve the Platform, which includes without limitation, Your Content and User ID. You acknowledge that you are not required by law or otherwise to provide any specific input and that any input is provided on a voluntary basis. You agree not to input, share, or make available through the Platform any personally identifiable information other than where specifically requested (the “Specific Restriction”). Company disclaims all responsibility and liability with respect to or in connection with any violation of this restriction. You understand that noncompliance with the Specific Restriction to share personally identifiable information, unless specifically requested, will significantly impair Company’s ability to comply with applicable laws and regulations. You acknowledge and agree that it is your responsibility to ensure that you carefully test, review, and vet outputs, tips, actions, recommendations, and deliverables created through the AI Models before they are approved, used, and/or followed. You are solely responsible for the outputs and deliverables created using the AI Models, as well as the consequences of creating, using, implementing, or following them. As between you and Company, Company and its third-party technology providers and licensors own and reserve all legal rights, title, and interest in and to the AI Models, including all related intellectual property and proprietary rights. You may not use AI Models to create or share output in a manner that violates this Agreement and/or any third-party policies. You shall not: (i) use output from the AI Models to develop models that compete with Company and/or its third-party providers; (ii) input into the Platform and/or the AI Models any personally identifiable information, financial information, or any other category of confidential or sensitive information, as defined under applicable laws, without Company’s prior written consent, unless specifically requested within the Platform or AI Model; (iii) disclose to any third party information related to the AI Models; (iv) use any automated or programmatic method to extract data or output from the AI Models, including scraping, web harvesting, or web data extraction; (v) represent that output from the AI Models was humangenerated when it is not or otherwise violate these terms, or those of Company’s third-party providers; or (vi) use any AI Models in violation of applicable laws or third-party rights or for unethical purposes. Except for the rights expressly granted under this Agreement, no other rights or permissions to access or use any of the AI Models are granted to you. You shall provide written notice to Company if you elect to exclude Your Content from being utilized for AI Model generation and training purposes. Upon receipt of such notice, Company shall make commercially reasonable efforts to ensure that the specified data is not used in these processes. However, you acknowledge and agree that if you violate the Specific Restriction, it may not be possible for Company to exclude such data from these processes.
We use artificial intelligence as part of the Platform, and it is important for you to carefully review and understand the limitations and requirements associated with its use.
The Platform has established certain basic requirements for the use of our Platform, and we require you to adhere to them. The purpose of these requirements is to set forth how you may use the Platform and certain behavior and actions that are prohibited. When using the Platform, you are not allowed to upload or share any Content that:
You are in control of what (if anything) you decide to share on the Platform.
(a) Is sexually explicit or pornographic, creates a genuine risk of physical injury or property damage, or promotes self-harm or drug abuse
(b) Attacks, bullies or harasses or includes hate-speech
(c) Infringes anyone’s intellectual property, privacy or other rights
(d) Is fraudulent or deceptive Contains any information or content that is illegal or knowingly false
Further, you are not allowed to:
(e) Share your log-in credentials (i.e. user name and password) with any third party;(f) Provide access to the Platform to third parties, such as by allowing third parties to view the information contained within the Platform;
(f) Provide access to the Platform to third parties, such as by allowing third parties to view theinformation contained within the Platform;
(g) Upload information about an individual when you do not have authorization or permission to do so;
(h) Access, tamper with or use non-public areas of the Platform, our systems or our technical providers’ systems; and
(i) Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks
A copyright owner or an agent thereof who believes that content infringes upon such copyright owner’s copyrights may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Platform’s Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
– A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
– Identification of the copyrighted work claimed to have been infringed, or, if multiplecopyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
– 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 and information reasonably sufficient to permit the Copyright Agent to locate the material;
– Information reasonably sufficient to permit the Copyright Agent to contact the owner or its agent, such as an address, telephone number, and, if available, an electronic mail address;
– A statement that the owner 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; and
– A statement that the information in the notification is accurate, and under penalty of perjury, that the copyright owner or its agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Platform’s designated Copyright Agent to receive notifications of claimed infringement is:
Insurights, Inc. dba Healthee
213 West 35th street, Suite 1101
New York, NY 10001
Email: info@Healthee.com
NOTE: If the owner or its agent fails to comply with all of the requirements of this section, the DMCA notice may not be valid.
While we work to protect the security of Your Content and Account, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any compromise or unauthorized use of your Account.
In this day and age, no application is 100% secure but we take reasonable measures to protect your content and your account.
(a) The Platform may present, or otherwise allow you to view, access, link to, and/or interact with, Content from third parties and other sources that are not owned or controlled by Company (such Content, “Third Party Content“). The Platform may also enable you to communicate with the related third parties. The display or communication to you of such Third Party Content does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by Company of such Third Party Content or third party, nor any affiliation between Company and such third party. Company shall have no obligation or liability of any kind whatsoever for Third Party Content or for the third party’s policies, practices, actions, or omissions, are we are not responsible or liable to you for the quality, reliability, or accuracy of the Third Party Content. If you enable or use Third Party Content with the Platform, Company will allow the Third Party Content providers to access and use Your Content as required for the interoperation of the Third Party Content and the Platform. Any Third Party Content provider’s use of Your Content is subject to the applicable agreement between you and the Third Party Content provider.
Sometimes, the Platform may contain links to websites and services that are not ours. We don’t endorse and are not responsible for those other websites or services.
(b) Without limiting the generality of the foregoing paragraph 7(a), if you choose to enable, access, or use Non-Healthee Services (defined below) through the Platform, such access and use will be governed solely by the terms, conditions, and policies of those Non-Healthee Services. Company does not endorse, supervise, or control, and makes no representation, warranty, or guarantee regarding, any aspect of Non-Healthee Services, including, but not limited to, their quality, accuracy, timeliness, results, content, data handling practices (including of Your Content), or any interactions between you and the provider of such Non-Healthee Services. Moreover, Company cannot guarantee the continued availability Non-Healthee Services (or portions thereof) and may cease enabling access to them at any time without any obligation or liability (for example, if the provider of a Non-Healthee Service ceases to make the service available for interoperation with the Platform or if Company’s relationship with such provider terminates). You may be required to register for, or log into, such Non-Healthee Services on their respective platforms, and, by using them, you expressly permit Company to disclose your login information and Your Content to the provider as necessary to facilitate your use of such Non-Healthee Services. Company shall not be responsible or liable for any damage or loss caused by or in connection with your enablement,
access, use, or reliance of/on any Non-Healthee Services. The availability or reselling NonHealthee Services through the Platform does not imply that Company endorses, supervises, or controls the medical services provided, nor does it imply that Company is a provider of medical services in any capacity. Additionally, some of the Non-Healthee Services may include information related to medications and drugs. Company has no involvement or connection to any recommendation regarding any medication or drug. Any use of any medication or drugs should be done solely on a doctor’s recommendation, and Company has no responsibility or liability regarding the use or non-use of any such medication or drugs, even if you received access to a recommendation to use or not use it through a service available on the Platform. “Non-Healthee Services” means third party products, applications, services, software, networks, systems, directories, websites, databases, and information which the Platform links to or that you may connect to or enable in conjunction with the Platform, including, without limitation, those integrated directly into the Platform, such as telehealth services provided by independent third party providers.
While your employer or another entity through which you received access to the Platform is generally responsible for paying us for your access and use of the Platform, there might be applicable laws or regulations that do not allow providing certain products or services through the Platform (including, without limitation, Non-Healthee Services) free of charge. Therefore, you acknowledge and agree that regardless of whether your employer or the entity through which you received access to the Platform informed you or promised you that you are entitled to access the Platform and any related services (such as Non-Healthee Services) free of charge, you hereby acknowledge and agree that in the event applicable law or regulation restricts providing you with certain products or services free of charge, you are obliged to pay for access or use.
While we would like to allow you access to the Platform at no additional charge, some laws and regulations might restrict this, and therefore you might be required to pay
If any third party (including, but not limited to, a regulatory or governmental authority) makes or institutes any demand, claim, suit, action or proceeding against Company, its Affiliate, and/or any of our or their respective directors, officers, employees, or representatives (each, an “Indemnitee”), and it is based upon or arises from any breach by you under this Agreement (in each case, an “Indemnity Claim”), then, upon written request by Company (to be decided in our sole discretion), you agree to assume full control of the defense and settlement of the Indemnity Claim; provided, however, that (a) Company reserves the right, at any time thereafter, to take over full or partial control of the defense and/or settlement of the Indemnity Claim, and in such cases you agree to reasonably cooperate with Company’s defense counsel and activities at your own cost and expense; and (b) you shall not settle any Indemnity Claim, or admit to any liability thereunder, without the express prior written consent of the Indemnitee(s).
If we are sued because of something you have done, you have to pay our costs and indemnify us.
In addition, and regardless of whether (or the extent to which) you controlled or participated in the defense and/or settlement of an Indemnity Claim, you agree to indemnify and hold harmless the Indemnitee(s) for and against: (A) any costs and expenses (including reasonable attorneys’ fees) incurred by the Indemnitee(s) in the defense of the Indemnity Claim; and (b) any amounts awarded against, or imposed upon, the Indemnitee(s) under such Indemnity Claim, or otherwise paid in settlement of the Indemnity Claim (including, but not limited to, any fines or penalties).
The below disclaimers apply to the maximum extent permitted by applicable law. You may have legal rights in your country of residence which would prohibit the above disclaimers from (fully or partially) applying to you (for example, some jurisdictions’ laws do not allow the disclaimer of certain implied warranties or conditions, and do not allow limitations to be imposed on statutory rights), and, to the extent the above disclaimers are prohibited, then you and Company agree that they will not apply to you.
This is our disclaimer of liability for the quality, service, operation or reliability of the Platform.
(a) GENERAL DISCLAIMERS
THE PLATFORM, PLATFORM CONTENT (INCLUDING, WITHOUT LIMITATION, ANY OUTPUT, REPORTS, AND RESULTS GENERATED BY THE PLATFORM), NON HEALTHEE SERVICES, AI MODELS, AS WELL AS ANY OTHER CONTENT, GOODS AND SERVICES PROVIDED OR MADE AVAILABLE BY OR ON BEHALF OF COMPANY HEREUNDER (COLLECTIVELY, THE “COMPANY MATERIALS“) ARE PROVIDED AND MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL DEFECTS, AND ALL EXPRESS, IMPLIED AND STATUTORY CONDITIONS AND WARRANTIES (INCLUDING WITHOUT LIMITATION ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR QUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR USAGE OF TRADE) ARE HEREBY DISCLAIMED BY COMPANY AND ITS LICENSORS.
COMPANY DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION: (A) REGARDING THE EFFECTIVENESS, ACCURACY, USEFULNESS, RELIABILITY, TIMELINESS, COMPLETENESS, OR QUALITY OF COMPANY MATERIALS; (B) YOUR USE OF COMPANY MATERIALS WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; (C) REGARDING THE OPERATION OF ANY CELLULAR NETWORKS, THE PASSING OR TRANSMISSION OF DATA VIA ANY NETWORKS OR THE CLOUD, OR ANY OTHER CELLULAR OR DATA CONNECTIVITY PROBLEMS; OR (D) REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY LAWS, REGULATIONS, OR OTHER GOVERNMENT OR INDUSTRY RULES OR STANDARDS. COMPANY WILL NOT BE LIABLE OR OBLIGATED IN RESPECT OF DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO HOSTING PROVIDERS OR PUBLIC NETWORKS.
(b) ADDITIONAL DISCLAIMERS
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING IN PARAGRAPH (a) (GENERAL DISCLAIMERS) ABOVE:
THE OUTPUT, REPORTING, AND OTHER RESULTS GENERATED BY THE PLATFORM (COLLECTIVELY, THE “RESULTS”) ARE GENERATED BASED ON PRELIMINARY DATA PROVIDED BY YOU AND RECEIVED BY US. THE RESULTS ARE MEANT TO PROVIDE YOU WITH GENERAL INFORMATION AND SERVE A SUPPORTIVE PURPOSE ONLY. THE RESULTS SHOULD NOT BE SEEN AS A REPLACEMENT FOR PROFESSIONAL ADVICE. YOUR INSURANCE NEEDS MAY VARY FROM WHAT IS DESCRIBED IN THE RESULTS DUE TO FACTORS NOT CAPTURED IN OUR QUESTIONNAIRE, SUCH AS YOUR DEDUCTIBLE AMOUNTS, TERMS OF YOUR EMPLOYER-PROVIDED INSURANCE COVERAGE, INSURANCE CARRIERS INVOLVED, AND YOUR HEALTH HISTORY. THE RESULTS SHOULD NOT BE INTERPRETED AS ADVICE OR A RECOMMENDATION TO PURCHASE OR FORGO ANY INSURANCE PRODUCT WITHOUT CONDUCTING FURTHER RESEARCH ON YOUR OWN OR CONSULTING AN INSURANCE PROFESSIONAL. WE DO NOT PROVIDE ANY GUARANTEE, WHETHER EXPRESSED OR IMPLIED, REGARDING THE ACCURACY OR COMPLETENESS OF THE RESULTS.
YOU ACKNOWLEDGE AND AGREE THAT:
(a) COMPANY IS NOT A LICENSED MEDICAL PROFESSIONAL, NO DOCTOR-PATIENT RELATIONSHIP IS ESTABLISHED IN CONNECTION WITH THIS AGREEMENT, COMPANY MATERIALS ARE NOT MEDICAL DEVICES AND ARE NOT INTENDED TO BE USED AS MEDICAL DEVICES, AND THAT NONE OF THE RELEASED PARTIES (DEFINED BELOW) ARE PROVIDING YOU WITH HEALTHCARE OR INSURANCE OF ANY KIND OR NATURE IN CONNECTION WITH COMPANY MATERIALS OR ANY SERVICES WE PROVIDE. Furthermore, the Company Materials are neither regulated nor approved by the U.S. Food and Drug Administration (or other regulatory or governmental agency), and are not designed to detect or prevent causes of any medical condition. The Company Materials are not a substitute for medical care or adult supervision, do not constitute medical information, diagnosis, or advice, and you must not rely on Company Materials for any medical or diagnostic purposes (as an example only, telehealth services facilitated through the Platform are not intended for emergency or lifethreatening situations, and, in such cases, you should call 911 or go to the nearest emergency room immediately). You are solely responsible for your medical and health decisions, and we urge you to obtain the advice of licensed medical professionals who are fully aware of your individual circumstances before you make any health or medical decisions. Similarly, if when using Company Materials you require any medical attention, you are solely responsible for seeking appropriate medical attention, as well as for any related costs, expenses, and fees.
(b) COMPANY IS NOT AN INSURANCE COMPANY, INSURANCE BROKER, INSURANCE AGENT, INSURANCE PRODUCER, INSURANCE ADVISOR, INSURANCE UNDERWRITER, OR ANY OTHER TYPE OF INSURANCE-RELATED ENTITY OR INTERMEDIARY. COMPANY DOES NOT OFFER, SELL, SOLICIT, NEGOTIATE, UNDERWRITE, OR PROVIDE INSURANCE COVERAGE OF ANY KIND. ANY CONTENT MADE AVAILABLE VIA THE PLATFORM IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS INSURANCE ADVICE, RECOMMENDATIONS, OR GUIDANCE. YOU SHOULD ALWAYS VERIFY ALL INSURANCE INFORMATION DIRECTLY WITH THEIR INSURANCE PROVIDER, EMPLOYER, OR LICENSED INSURANCE PROFESSIONAL. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM OR RELATING TO ANY INSURANCE-RELATED DECISIONS MADE BY YOU BASED ON RESULTS OR OTHER INFORMATION PROVIDED THROUGH THE PLATFORM.
Except for obligations expressly undertaken by Company under this Agreement, Company has no obligations under this Agreement or otherwise in connection with the Platform.
NEITHER COMPANY NOR ANY OF ITS AFFILIATES, LICENSORS OR SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER (SUCH AS DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES; SUCH AS LOST PROFITS, BUSINESS, OPPORTUNITY, SAVINGS; SUCH AS LOSS OF, OR DAMAGE TO, DATA, REPUTATION OR GOODWILL) UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT OR THE PLATFORM. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (B) EVEN IF COMPANY OR SUCH PERSONS HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (C) EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (D) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, AND WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION FOR NEGLIGENCE OR BREACH OF STATUTORY SUTY), MISREPRESENTATION, RESTITUTION, OR OTHERWISE.
TO THE EXTENT ANY COURT OF COMPETENT JURISDICTION DOES NOT ALLOW THE EXCLUSION OF DIRECT DAMAGES, COMPANY’S AGGREGATE LIABILITY UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT OR THE PLATFORM, SHALL BE CAPPED AT FIVE US DOLLARS (USD $5).
We exclude and limit all our liability (and, to the extent not enforceable, we cap our liability at $5).
To the maximum extent permitted by applicable law, you hereby irrevocably and unconditionally release, indemnify, and hold harmless Company, its Affiliates, and our and their respective directors, officers, members, employees, representatives, consultants, insurers, clients, agents, suppliers and/or distributors (each, a “Released Party“, and collectively, the “Released Parties“) from and against all responsibility, liability, claims, demands, costs, expenses, fees, and/or damages of every kind and nature, known and unknown, arising out of or in any way connected with: (x) disputes between or among users of the Platform and/or between you and a third party healthcare or insurance provider; (y) Non-Healthee Services and other Third Party Content; and/or (z) any medical care you receive in connection with any Company Materials or services we provide. You hereby irrevocably waive the applicability of California Civil Code §1542, and any similar statute or principle of common law. California Civil Code §1542 says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
THE PROVISIONS OF THIS SECTION (LIMITATION OF LIABILITY) AND OF SECTION 9 (DISCLAIMERS) ABOVE ALLOCATE THE RISK UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND YOU AND WE HAVE RELIED ON THESE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
(a) Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to any conflicts of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement and is hereby disclaimed.
If there is a dispute between you and us, we hope we can work it out. If not, the dispute will be resolved through this arbitration process.
(b) Mandatory Arbitration. Any dispute, controversy, difference or claim arising out of or relating to this Agreement (including without limitation as to the existence, validity, interpretation, performance, breach or termination thereof) (“Dispute“) shall be resolved exclusively by arbitration in accordance with Schedule A attached hereto. However, if the Dispute is not subject to arbitration (either because you opted-out of the arbitration in the manner described in Schedule A, or because a court of competent jurisdiction determined that the agreement to arbitrate does not to apply to you or the Dispute) then the Dispute shall be subject to the exclusive jurisdiction and venue of the competent courts located in New York County, New York, USA, and the parties hereby irrevocably and unconditionally submit to the personal jurisdiction of such courts and waive any jurisdictional, improper venue, inconvenient forum, or other objections to such jurisdiction and venue. EACH PARTY IRREVOCABLY WAIVES ITS RIGHT TO TRIAL OF ANY ISSUE BY JURY.
Regardless of any law or regulation to the contrary, you agree that any claim or cause of action arising under, or otherwise in connection with, this Agreement (other than to seek equitable relief or to otherwise protect or enforce a party’s Intellectual Property Rights) must be filed by you within ONE (1) YEAR after such claim or cause of action arose, or else you agree that such claim or cause of action will be barred forever. Any claims or damages that you may hereunder shall only be enforceable against Company, and not any other entity (such as its Affiliates or licensors) or Company’s officers, directors, representatives, employees, or agents. Moreover, if you are a consumer (as defined in the law of your jurisdiction), this Agreement is not intended to, and shall not, exclude or limit any mandatory rights you may have under the consumer protection laws and regulations of your jurisdiction.
If you have questions about this Agreement, you can contact us by email at info@Healthee.com.
Questions? This is how you can contact us.
(a) Term of Agreement. This Agreement commences on the Effective Date and, unless earlier terminated in accordance herewith, shall continue until your access to the Platform expires, or is otherwise terminated or blocked for any reason (including, without limitation, due to the expiration of the subscription granted by Company to your employer or any other entity through which you received access to the Platform) (“Subscription Term“).
(b) Termination for Convenience by Company. Company may, with or without cause, terminate this Agreement and/or disable or discontinue the Platform and/or your access to the Platform at any time, with or without notice to you.
(c) Suspension by Company. Company reserves the right to temporarily suspend your access to the Platform: (a) if Company deems such suspension necessary as a result of your breach of this Agreement; (b) if Company reasonably determines suspension is necessary to avoid material harm to Company, to its other customers, or to the Platform, including if the Platform’s cloud infrastructure is experiencing denial of service attacks or other attacks or disruptions outside of Company’s control, or (c) as required by law or at the request of governmental entities
(d) Termination by You. You may terminate this Agreement at any time and for any reason, but only by providing Company with ten (10) days’ prior written notice at [___]. If you object to any term or condition of this Agreement or any subsequent changes thereto, or become dissatisfied with Company Materials in any way, you agree that your sole remedy will be to terminate this Agreement.
(e) Effect of Termination; Survival. Upon termination of this Agreement for any reason: (a) the Subscription License shall automatically terminate; and (b) you shall cease all access and use of the Platform and certify in a signed writing that you have done so, and Company shall be entitled to deactivate the Platform. You acknowledge that following termination you may have no further access to any of Your Content within the Platform, and that Company shall be entitled to delete any of Your Content. Sections 7 (Third Party Content and Non Healthee Services) through 14 (General Terms) shall survive the expiration or termination of this Agreement, as shall any right, obligation, or provision that is expressly stated to survive or that ought by its nature to survive. Termination shall not affect any rights and obligations accrued as of the effective date of termination.
(a) Modifications to this Agreement. Company may, from time to time and in its sole discretion, modify this Agreement. Company will endeavor to (but does not guarantee that it will) notify you of the updated Agreement (the “Updated Terms“). In any event, the most current Agreement will be available at: https://healthee.com/terms_of_use/. The Updated Terms will take effect upon the date specified in the notice given to you (or, if no notice is given, or no date is specified, then ten (10) days after the date such Updated Terms are posted online). If you object to the modifications, then, as your sole remedy, and Company’s sole liability, you may discontinue using the Platform and deactivate your Account.
We may change this Agreement from time to time. Please check the applicable webpage to keep up to date.
(b) Assignment. Company may assign these Agreement (or any of its rights and/or obligations hereunder) without your consent, and without notice or obligation to you. You may not assign this Agreement (or any of your rights and/or obligations hereunder) without Company’s prior express written consent. Any prohibited assignment shall be null and void. Subject to the foregoing, this Agreement binds and benefits each party and its respective successors, assigns, heirs, executors, administrators and legal representatives.
(c) Entire Agreement. This Agreement represents the entire agreement between you and Company (and supersedes any prior or contemporaneous agreements or understandings, whether oral or written, between you and Company) relating to the subject matter of this Agreement. Certain Platform features and functionalities may be subject to their own respective terms and conditions (each, “Supplemental Terms“). Unless the Supplemental Terms expressly state otherwise, each set of Supplemental Terms shall be deemed in addition to (and not instead of) this Agreement (and are hereby incorporated into this Agreement by reference), and to the extent of any conflict between this Agreement and the Supplemental Terms, the Supplemental Terms shall prevail. Section headings are for convenience of reading only, and shall not be relied on for purposes of interpretation of this Agreement.
Sections c through e contain important legal items about this Agreement and your use of the Platform.
(d) Waivers. No failure or delay on the part of any party in exercising any right or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing (for waivers by you, emails will be acceptable; for waivers by Company, the writing must be duly signed by an authorized representative of Company), and shall be valid only in the specific instance in which given.
(e) Remedies. Except as may be expressly stated otherwise in this Agreement, no right or remedy conferred upon or reserved by any party under this Agreement is intended to be, or shall be deemed, exclusive of any other right or remedy under this Agreement, at law or in equity, but shall be cumulative of such other rights and remedies.
(f) Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, then: (a) the remaining provisions of this Agreement shall remain in full force and effect; and (b) you and Company agree that the court making such determination shall have the power to limit the provision, to delete specific words or phrases, or to replace the provision with a provision that is legal, valid and enforceable and that most closely approximates the original legal intent and economic impact of such provision, and this Agreement shall be enforceable as so modified in respect of such jurisdiction. In the event such court does not exercise the power granted to it as aforesaid, then such provision will be ineffective solely as to such jurisdiction, and will be substituted (in respect of such jurisdiction) with a valid, legal and enforceable provision that most closely approximates the original legal intent and economic impact of such provision.
(g) Relationship between you and Company. The relationship between you and Company is solely that of independent contractors. You are not an employee of Company and you agree to never represent or imply that you are an employee of Company, and nothing in this Agreement and/or in connection with your Platform use shall be deemed or construed to give rise to any employment relationship between you and Company, or any other relationship (such as partnership, joint venture, sponsorship, representative, franchise, or agency relationship) between you and Company. You have no authority to enter into agreement of any kind (or otherwise undertake any commitment) on behalf of Company, to impose any obligation or commitment on Company, or to purport to do any of the foregoing. You hereby irrevocably and unconditionally release and forever discharge Company from, and waive, any and all claims, in the past, present, or future, against Company in connection with the existence of any employment relationship between you and Company in connection with this Agreement. Without limiting the generality of the foregoing paragraphs, you are not eligible to participate in any of Company’s employee benefit plans, fringe benefit programs, group insurance arrangements, or similar programs, and Company will not (and will not be obligated to) provide workers compensation, disability insurance, health insurance, social security/national insurance, unemployment compensation coverage, or any other statutory benefit to you. If any obligation (such as an obligation to pay tax or social security) or liability (such as a fine) is imposed upon Company in connection with a determination (whether by a court or a governmental agency) that an employment relationship exists between you and Company, you agree to indemnify and hold harmless Company from and against such obligation and liability.
(h) No Compensation. Neither this Agreement, nor your involvement or activities hereunder, entitle you to any payment, reimbursement, or other compensation or consideration (such as credit or attribution) by or on behalf of Company, and you hereby irrevocably and unconditionally waive, and covenant never to assert, any claim for such payment, reimbursement, or other compensation or consideration.
(i) Language; Electronic Contract. The language of this Agreement is expressly agreed to be the English language. By entering into this Agreement, you hereby irrevocably and unconditionally waive to the maximum extent legally permitted, any law applicable to you requiring that this Agreement be localized to meet your language (as well as any other localization requirements), or requiring an original (non-electronic) signature or delivery or retention of non-electronic records.
Capitalized terms not defined in this Schedule shall have the meanings given to them in the main body of the Agreement to which this Schedule is attached.
1. Company wants to address your concerns without the need for a formal legal dispute. Before filing a claim against Company, you agree to try to resolve the Dispute informally by contacting [EMAIL]. If a Dispute is not resolved within thirty (30) days after the email noting the Dispute is sent, you may initiate proceedings, as set forth in this Schedule A.
2. You and Company agree to resolve any Dispute only by FINAL AND BINDING BILATERAL ARBITRATION in accordance with the below; except, however, that:
(a) each party retains the right to bring an individual action: (i) in a small claims court located in your county of residence (or in New York County, New York, USA if you meet the requirements of such court);
(b) each party retains the right to seek equitable relief to protect any Intellectual Property Rights, in any court of competent jurisdiction; and
(c) nothing herein precludes you from bringing issues to the attention of federal, state, or local agencies.
3. Unless you and Company expressly agree otherwise in writing, the arbitration shall take place inperson (except that if telephonic or other remote electronic means are available and permissible, then you may elect to conduct the arbitration via such means) in New York City, New York, USA. The arbitration will be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), before a single arbitrator and in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures(“JAMS Streamlined Rules”), as modified by this Agreement. The arbitrator must honor the terms and conditions of this Agreement (including, but not limited to, all liability exclusions and limitations), and shall not make any award or decision that is contrary to, or in excess of, what this Agreement provides. The Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”) (and not any state law concerning arbitration) applies to this agreement to arbitrate, and governs all questions of whether a Dispute is subject to arbitration.
4. The arbitrator’s decision must be in writing, and must include the essential findings and conclusions upon which the decision and any award is based. Judgment on any arbitration award may be entered in any court having jurisdiction thereof. In the event any litigation should arise between you and Company in any court in a proceeding to vacate or enforce an arbitration award, YOU AND COMPANY HEREBY IRREVOCABLY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the proceeding be resolved by a judge. The arbitrator may award declaratory or injunctive relief only in favor of the plaintiff/claimant and only to the extent necessary to provide relief warranted by the plaintiff’s/claimant’s individual claim.
5. Regardless of who initiates arbitration for a Dispute, you will always remain responsible for your costs and expenses relating to legal counsel, experts, witnesses, and travel to and from the arbitration. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Streamlined Rules. If Company initiates an arbitration for a Dispute, Company will pay all administrative fees and costs related to the arbitration, including all professional fees for the arbitrator’s services.
6. Other than to a party’s legal counsel, all aspects of the Dispute and arbitration proceeding, including but not limited to the decision and award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain its confidentiality, unless (and in such cases, only to the extent) otherwise required by applicable law or regulation. However, this paragraph shall not:
(a) prevent a party from submitting to a court any information necessary to enforce an arbitration award, or to seek equitable relief; or
(b) prevent Company from sharing aspects of the Dispute and arbitration proceeding (including but not limited to the decision and award of the arbitrator and compliance therewith) with its Affiliates, as well as its and their investors, potential investors and acquirers, and other third parties involved in Company’s business (to the extent such third parties have a legitimate interest in knowing).
7. YOU ACKNOWLEDGE AND AGREE THAT, EVEN IF ANYTHING IN THE JAMS STREAMLINED RULES (OR OTHER JAMS RULES, AS APPLICABLE) PERMIT OTHERWISE:
(a) YOU AND COMPANY ARE HEREBY EACH IRREVOCABLY WAIVING THE RIGHT TO A TRIAL BY JURY, AS WELL AS THE RIGHT TO PARTICIPATE (FOR EXAMPLE, AS A CLASS REPRESENTATIVE OR CLASS MEMBER) IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER CLASS-WIDE OR REPRESENTATIVE ACTION OR PROCEEDING, AND THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY; AND
(b) NO ARBITRATION WILL BE JOINED TO ANY OTHER ARBITRATION, AND THE ARBITRATOR MAY NOT CONSOLIDATE ANY INDIVIDUAL PARTY’S DISPUTE WITH ANY OTHER PARTY’S DISPUTE.
8. OPT-OUT: You can choose to reject this agreement to arbitrate (“Opt-out”) by emailing [EMAIL] within thirty (30) days after the date you agree to this Agreement for the first time. The Opt-out email you send to us must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number, and email address. Providing an Opt-out notice is the only way you can opt-out of this agreement to arbitrate. If you Opt-out of this agreement to arbitrate, all other provisions of the Agreement will continue to apply, and you will not be permitted to invoke this agreement to arbitrate to resolve any Dispute with Company.
To the extent any provision of this Schedule A is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, you and Company agree that the provisions of Section(Severability) shall apply.
