Please read the Terms carefully because it sets forth the important terms you will need to know about the Services. YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICES.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
IF YOU HAVE A MEDICAL EMERGENCY OR ARE CONSIDERING SUICIDE OR HARM TO YOURSELF, IMMEDIATELY CALL YOUR DOCTOR, DIAL 911 OR A CRISIS HOTLINE.
THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.
Acceptance of Terms and Conditions
Your access to and use of the Services is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Services or any information or Content provided through the Services, except as necessary to review this Agreement. The Services are continually under development, and we reserve the right to revise or remove any part of this Agreement or the Services at our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Services are also subject to this Agreement upon posting to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Services. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.
Modification of Terms
We may modify the Agreement from time to time without notice to you. In the event of such change, we will post the updated Terms on this page and will update the last updated date at the bottom of this Agreement. The changes will take effect immediately (unless stated otherwise). You are solely responsible for familiarizing yourself with this Agreement and ensuring that you periodically review the Terms. Your continued use of the Services following such update will signify your consent to be bound by the modifications. If you do not agree with the changes, do not use the Services.
Your Relationship with Us and Use of Services
I understand that Reklame Health provides administrative services and offers a technology platform to Integrative Wellness Nurse Practitioner in Psychiatry, PLLC (the “PLLC”) which is independently owned by a licensed nurse practitioner.
While we do not employ the mental health providers that contract with or are employed by the PLLC (the “Providers”), our Services provide access to the Providers through the Platform. By accepting this Agreement, you acknowledge and agree that any professional services you receive from the Providers through the Platform are also subject to this Agreement, and that the Providers are third-party beneficiaries of this Agreement.
We do not control or interfere with the practice of any professional services by the Providers. By accepting this Agreement, you acknowledge and agree that Reklame Health is not a healthcare provider or provider of any other professional service, and that by using the Service, you are not entering into a doctor-patient, therapist-patient or other provider-patient relationship with Reklame Health. By using the Service, you may, however, be entering into a health care provider-patient relationship with one or more of the Providers.
While we offer the Platform for individuals to access Providers, in some cases, the Services may not be the most appropriate way for you to provide information to, communicate with or seek medical care and treatment from a Provider. For example, certain medical conditions may require an in-person procedure with a healthcare provider other than what can be offered through the Platform, or a Provider may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through use of the Services. In such a case, you may receive notification that you will be unable to use the Services for the particular issue you submitted and Reklame Health may provide you with additional information regarding next steps.
Reklame Health is not an insurer. The Services are not insurance products, and the amounts you pay to Reklame Health or for Reklame Health’s Services are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
We reserve the right to makes changes to the offerings and functionality of the Services without prior notice to you. We may also limit, restrict, or remove the features offered on the Services. In our sole discretion, we may limit, suspend, or terminate accounts if they violate this Agreement. We also reserve the right to deny access to the Services to anyone for any reason.
Our Services are currently only available to individuals who are located in states in which we offer the Service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement. By visiting, accessing, registering with or using the Services, you are (a) representing and warranting to us that you satisfy all of these eligibility requirements, (b) agreeing to comply with all applicable laws in visiting, accessing, registering with or using the Services, and (c) agreeing that you will only use the Services for lawful purposes. Our Services are subject to state and federal regulations and may change from time to time due to changes in applicable regulatory requirements.
Consent to Use of Telehealth Services
Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The telehealth services are not a substitute for in-person health care in all cases.
Duty to Provide Information, Access, and Connectivity
You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the Services) to enable use of the Services, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Services.
We reserve the right to change the access configuration, including any software, hardware or other requirements of the Services at any time without prior notice.
Registration; User Accounts, Passwords, and Security
You are obligated to register and set up an account in the Platform in order to access the Services, and the Services are available only to Users who have registered and have been granted accounts with usernames and passwords. You agree to accurately maintain and update any information about yourself that you have provided to Reklame Health. If you do not keep such information current, or fail to submit truthful, accurate, and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Services. You also agree to immediately notify Reklame Health of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Services by emailing our support desk at firstname.lastname@example.org. In addition, you agree to keep confidential your username and password and to exit from your User account at the end of each session. Reklame Health explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.
When establishing an account, you will be required to provide a username and password that will be used as your login for your account. To help protect the privacy of data you transmit through the Services, we take steps to protect the User data we collect against unauthorized access. However, you should keep in mind that the Services and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access the Services and information about you, including medical information, contained in the Services. It is your responsibility to affirmatively log out from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone, and other devices, and to protect the confidentiality of your username and password.
You must exercise caution, good sense, and sound judgment in using the Services. You are prohibited from violating or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you. Reklame Health may investigate any alleged or suspected violations and if a criminal violation is suspected, Reklame Health may cooperate with law enforcement agencies in their investigations.
Use and Ownership of the Services
The Services and the information available through the Services are protected by copyright laws throughout the world. Subject to this Agreement, Reklame Health grants you a limited, non-transferable, revocable license to access and use the Services for your personal use. Unless otherwise specified by Reklame Health in a separate license, your right to use any of the Services is subject to this Agreement, and all rights in the Services are reserved by Reklame Health. You agree that Reklame Health and its suppliers own all rights, title, and interest in the Services (including but not limited to, any computer code, social media posts, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, illustrations, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. Other trademarks, service marks, and trade names that may appear on or in the Services are the property of their respective owners.
License to Information Submitted via the Services
Subject to any limitations on Protected Information described below, any information you transmit to Reklame Health via the Services, whether by direct entry, submission, email, or otherwise, including data, questions, comments, blog posts, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary. Subject to any applicable account settings that you select, you grant Reklame Health a fully-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Submissions (in whole or in part) for the purposes of operating and providing the Services to you and to our other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Submissions has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Reklame Health, are responsible for all of Submissions that you provide to the Services. In addition to the foregoing, Reklame Health shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that Reklame Health deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission.
If a Submission you make contains Protected Information, Reklame Health’s rights under this section with respect to the use or disclosure of such Protected Information will be limited as and to the extent required under applicable law.
The Platform, its content, features, functionality, text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, Services, and other content features and functionality (collectively “Proprietary Material”) that you see or read on the Platform is exclusively owned by us or our licensors. Proprietary Material is protected by copyright, trademark, and other laws of both the United States and foreign countries. Proprietary Material may not be used in connection with any product or service without the prior written consent of Reklame Health. Our Services and trademarks, including without limitation, the name “Reklame Health” and our logos, are service marks owned by us. You may not copy or use any of these marks, logos, or trade names without our prior written consent.
Any use or attempted use of the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Services, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by Reklame Health to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by Reklame Health, (vii) to reverse engineer, disassemble or decompile any section or technology on the Services, or any component of the testing kits in connection with the Services, or (viii) for any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Services, you agree you will not:
- upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity;
- create a false identity or duplicative accounts for the purpose of misleading others or impersonating any person or entity, including, without limitation, any Reklame Health or Reklame Health’s partner representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another;
- delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise;
- violate any applicable local, state, national or international law;
- upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- delete or revise any material posted by any other person or entity;
- manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology;
- probe, scan, test the vulnerability of or breach the authentication measures of, the Services or any related networks or systems;
- register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so;
- harvest or otherwise collect information about others, including email addresses;
- use any robot, spider, scraper, or other automated or manual means to access the Services, or copy, download, distribute or reproduce any content or information on the Services; or
- assist or permit any person in engaging in any of these activities.
Reklame Health reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User’s access and/or account. Reklame Health may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Right to Monitor
Reklame Health reserves the right to monitor general use of the Services at any time as it deems appropriate and to remove any materials that, in Reklame Health’s sole discretion, may be illegal, may subject Reklame Health to liability, may violate this Agreement, or are, in the sole discretion of Reklame Health, inconsistent with Reklame Health’s purpose for the Services.
In order to use our Services, Reklame Health charges a subscription fee (“Fee”). The Fee for your subscription may be covered by an employer or by a third-party, or you may pay for the Fee yourself. In the event the Fee is covered by your employer or a third-party, the terms of such payment will be governed by a separate agreement entered into between Reklame Health and your employer/third-party. If the Fee is not covered by an employer/third-party, you will be required to pay the Fee yourself. You agree to pay the Fees, and you will pay all Fees in accordance with the billing terms that are then in effect.
If you cancel your Account, you will not receive a refund of any pre-paid Fees, and you will be responsible for any Fees outstanding through the effective cancellation date of your Account.
Reklame Health uses third party payment processors to process your payments. By agreeing to these Terms, you agree to act in accordance with the terms of service of such third party payment processors.
If you provide us any feedback or suggestions for improving or regarding your use of the Services (“Feedback”), you hereby assign to Reklame Health all rights in the Feedback and agree that Reklame Health shall have the right to use such Feedback and related information in any manner it deems appropriate. Reklame Health will treat any Feedback you provide to Reklame Health as non-confidential and non-proprietary. You agree that you will not submit to Reklame Health any information or ideas that you consider to be confidential or proprietary.
Reklame Health may terminate your use of the Services or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement or if we discontinue the Services. The provisions of this Agreement concerning Services security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with Reklame Health. You agree that if your use of the Services is terminated pursuant to this Agreement, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all Reklame Health Parties harmless from any and all liability that any such Reklame Health Parties may incur with respect thereto.
Content and other information contained on the Services is provided by Reklame Health as a convenience. Users relying on content or other information from the Services do so at their own risk.
THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICES ARE VOLUNTARY AND AT THE SOLE RISK OF THE USER. THE REKLAME HEALTH PARTIES AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICES, INCLUDING THE PROVIDERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICES, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICES OR THE PLATFORM. REKLAME HEALTH DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICES. REKLAME HEALTH DOES NOT WARRANT THAT THE SERVICES WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE REKLAME HEALTH PARTIES OR ANY THIRD PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICES, INCLUDING THE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED BY PROVIDERS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REKLAME HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE REKLAME HEALTH PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM, SERVICES OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, SERVICES OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM, SERVICES OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold the Reklame Health Parties and any third-party offering products or services through the Services, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Services, your fraud, violation of law, or willful misconduct, any breach by you of these Terms or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
Any notices to you from Reklame Health or its partners regarding the Services or this Agreement may be made by email, a posted notice on the Services, or regular mail, in the sole discretion of Reklame Health.
When you access or use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you via email or through the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.
It is Reklame Health’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Reklame Health by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Reklame Health’s Copyright Agent for notice of claims of copyright infringement is as follows: Sarah Marmon, J.D., SMarmon@willkie.com.
California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Services and the Platform are provided by 1280 Lexington Avenue, Suite 2, Box 1105, New York, NY 10028. If you have a question or complaint regarding the Services or the Platform, please contact customer service at (718) 790-4511.. You may also contact us by writing to Administration at 1280 Lexington Avenue, Suite 2, Box 1105, New York, NY 10028. California users may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
This Agreement and any other agreements Reklame Health may post on the Services or that you and Reklame Health may execute from to time constitute the entire agreement between Reklame Health and you in connection with your use of the Services and supersede any prior agreements between Reklame Health and you regarding use of the Services, including prior versions of this Agreement.
Binding Arbitration / Class Waiver
YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE, OR OTHER CONTROVERSY BETWEEN YOU AND REKLAME HEALTH OR YOU AND ANY OF THE REKLAME HEALTH PARTNERS ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO REKLAME HEALTH, THE PLATFORM, THE CONTENT OR THE SERVICES, OR ANY OTHER REKLAME HEALTH GOODS, SERVICES OR ADVERTISING, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Reklame Health will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Reklame Health also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
The arbitration shall be conducted in New York, New York except that, in the event New York, New York is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence at Reklame Health’s discretion unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.
Notwithstanding anything to the contrary herein, to the extent, the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and Reklame Health agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in New York, New York, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in New York, New York, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in New York, New York for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.
You can opt out of the provisions of this Agreement that require the arbitration of Disputes within 30 days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with Reklame Health. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with Reklame Health to: 157 East 86th Street, Suite 5, New York, NY 10028. Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your User account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be mailed to 157 East 86th Street, Suite 5, New York, NY 10028. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in this Agreement, if we make any future material modification to any provisions of this Agreement that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of this Agreement that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at 157 East 86th Street, Suite 5, New York, NY 10028 ATTN: Arbitration Opt-Out within 30 days of the effective date of such modifications.
Governing Law; Venue; Severability of Provisions
This Services are controlled and operated by Reklame Health. Those who choose to access the Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Services from jurisdictions where the contents of the Services are illegal or penalized is prohibited.
The validity, interpretation, construction and performance of this Agreement will be governed by the Federal Arbitration Act and the laws of the State of New York, without regard to any conflicts of law provisions.
All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
No Agency Relationship
Neither this Agreement, nor any content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between you and Reklame Health. You may not enter into any contract on our behalf or bind us in any way.
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Reklame Health may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this Agreement to any affiliate or partner of Reklame Health or to another third party in the event that some or all of the business of Reklame Health is transferred to such other third party by way of merger, sale of its assets or otherwise.
Third Party Beneficiaries
Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of Reklame Health, and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, and, except as specifically set forth in this Agreement, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.
If you have any questions or concerns about this Agreement, please contact us by email at email@example.com. We will attempt to respond to your questions or concerns promptly after we receive them.