Terms of Service

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Last updated: July 13, 2015.

These Terms of Service (“Agreement”) are a legal agreement between You (“You”, “Your”, or “Customer”) and America’s Healthcare Associates, Inc. (“We” or “America’s Healthcare Associates”), the owner and operator of the www.myhealthcareassociates.com website (the “Site”). This Agreement states the terms and conditions that govern your use of the Site, and your purchase of the memberships sold on this Site. By accessing and using the Site, you are indicating that you accept, and agree to comply with, this Agreement. If you do not accept this Agreement, you are not permitted to, and you must not, access or use the Site or purchase memberships to the Site.

By placing an order for a Membership (as defined below) through this Site, by telephone or by otherwise utilizing this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless America’s Healthcare Associates if your child breaches or disaffirms any term or condition of this Agreement.

Please read through this Agreement carefully before placing your order and print a copy for future reference. Please also read our Privacy Policy http://myhealthcareassociates.com/your-privacy/ regarding personal information provided by you, which is incorporated herein by reference.

 

1 – Changes to Site; Personal Information/Privacy

1.1 – Changes to the site

America’s Healthcare Associates may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you. We attempt to ensure that the information on the Site is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Site; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Site. The materials appearing on America’s Healthcare Associates Site could include technical, typographical, or photographic errors. America’s Healthcare Associates does not warrant that any of the materials on its Site are accurate, complete, or current. America’s Healthcare Associates may make changes to the materials contained on its Site at any time without notice. America’s Healthcare Associates does not, however, make any commitment to update the materials.

1.2 – Personal Information

Customers agree to provide accurate, current, and complete information as required for the purchase of the Products and Memberships (both as defined below in Section 3.1). America’s Healthcare Associates reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that America’s Healthcare Associates uses a third party payment processing service to process orders and bill fees to your credit card.

1.3 – Privacy

By using this Site and/or purchasing a Membership you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in detail in our Privacy Policy (available for your review at http://myhealthcareassociates.com/privacy-policy). You hereby agree that we may use your personal information in accordance with the terms of the Privacy Policy, which is incorporated herein by this reference as though set forth in full. Irrespective of which country you reside in or supply information from, you authorize America’s Healthcare Associates to use your information in the United States and any other country where America’s Healthcare Associates operates as described herein. Accordingly, please be sure to read our Privacy Policy before using the Services or submitting information to us.

Please take notice that America’s Healthcare Associates (and its third party service providers) automatically collects various types of information about your visits to our Site, registration for a Membership, and/or use of our Services. In addition to the personal information provided by you in connection with your account registration, we may also collect certain additional information by automated means, such as cookies, web beacons, and other automated devices.

We and/or our third party service providers may employ canvas fingerprinting and other browser fingerprinting techniques that extract and analyze information about your browser, operating system, and installed graphics hardware in conjunction with other user information (e.g. time-zone, language preference, etc.) to help verify your unique identity for fraud prevention purposes and help us continue to improve our Site and Services. We may also use third-party website analytics tools (such as Omniture, Google Analytics, and Facebook Insights) that collect information about visitor traffic on the Site that help us continue to improve the Site, performance and user experiences.

The types of information we may collect by such automated means include: Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser, domain name and operating system type); URLs that refer visitors to our Site; Dates and times of visits to our Sites; Information on actions taken on our Site (such as page views and site navigation patterns); A general geographic location (such as country and city) from which a visitor accesses our Site; Search terms that visitors use to reach our Site and the webpage that led you to the Site.

 

2 – Use of Site; Prohibitions

Subject to your compliance with this Agreement, America’s Healthcare Associates hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you.

You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of America’s Healthcare Associates or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.

 

3 – Terms of Sale

3.1 – Sales of Products and Memberships to End Users Only

America’s Healthcare Associates sells access to Medical Bill Review Professionals, Board Certified Physicians and Discounts for certain goods and services (the “Product(s)”) from the Site to end-user customers who purchase monthly memberships to receive the Products and Services (“Membership(s)”) only for their own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.

3.2 – Pricing

Pricing for Products and Memberships (including any applicable fees) can be found on America’s Healthcare Associates then-current pricing page located on the Site at: www.myhealthcareassociates.com/get-started. The price that we will charge you for the Products and Memberships will be the price as posted on the Site on the date you first sign-up for a Membership to the Site. America’s Healthcare Associates reserves the right to change prices for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases. We will provide at least 30 days’ written notice via electronic mail prior to increasing the price of our monthly Membership.

3.3 – Refund/Cancellation Policy

If you are dissatisfied with the Membership for any reason, America’s Healthcare Associates will refund the amount paid for your most recent month of service. Refund requests must be made directly to America’s Healthcare Associates at contactus@myhealthcareassociates.com. All refund requests must be made by at least 5 days before the last day of the current subscription month in order to receive a refund for that month’s subscription. Promptly following America’s Healthcare Associates receipt of your request (typically within five (5) business days), America’s Healthcare Associates will credit the amount paid for the previous month’s subscription to the credit card you used to make the original purchase. Notwithstanding the foregoing, America’s Healthcare Associates does not control when a specific credit card company processes a chargeback transaction. You are responsible for contacting your credit card company if you have questions about the status of the chargeback. America’s Healthcare Associates will not provide a refund for the previous month if a request is received by America’s Healthcare Associates after 5 days prior to last day of the subscription month. We reserve the right to refuse a refund to any customer who repeatedly requests refunds or who, in our judgment, requests refunds in bad faith.

3.4 – Payment Methods; Automatic Monthly Membership Renewals and Membership Cancellation Policy

America’s Healthcare Associates accepts credit card payments only. You agree to pay all fees charged to your account based on America’s Healthcare Associates fees, charges, and billing terms in effect as shown on the payment page when you first sign-up for a Membership to the Site. You are also responsible for paying any sales and use taxes and shipping and handling fees (to the extent that you ever mail us documents) that may apply to your purchase of Products or Memberships based on the address that you provide as the address when you register for a Membership, and you authorize America’s Healthcare Associates or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be charged to your card on file each monthly anniversary date of the Membership. If you do not pay on time or if your credit card cannot be charged for any reason, America’s Healthcare Associates reserves the right to either suspend or terminate your account and Membership and terminate these Terms of Service. All sales and payments will be in US Dollars.

America’s Healthcare Associates and America’s Healthcare Associates third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to America’s Healthcare Associates and America’s Healthcare Associates third party payment service provider at the election of your credit card issuer. Neither America’s Healthcare Associates nor America’s Healthcare Associates third party payment service provider is responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.

We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse, or recall any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Web Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

3.5 – Membership Benefits Commencement

Upon making your first monthly payment, you will be able to start using America’s Healthcare Associates’ Medical Bill Review Professionals as well as gain access to the MD LIVE Telemedicine Program within 1 business day. Your access to the discount program will begin within 5 business days of your initial payment.

Note: When employing our Medical Bill Review services, you will be required to upload, fax, or mail in your medical bill(s) with balances of $200.00 or more along with the explanation of benefits, medical records of procedures performed, insurance benefits summaries, and an account of all actions taken by you up to that point. DO NOT SEND ANY ORIGINAL DOCUMENTATION TO US. We will review those documents using our proprietary system to look for errors. Within 5 business days after receiving all of your information, you will receive a secure e-mail with the results of our research. We will either confirm that your medical bill is correct, or inform you of our findings and share the options available to you. If it is determined that an appeal (to the provider or insurance) is needed, we will require a period of 6 weeks to file the appeal and will follow up on its receipt and status. Some bills may be beyond the time period for you to dispute them so we ask that you timely send them to us for review.

Important Notice to Consumers:

Auto-Renew Program

Automatic monthly membership renewal fees will be automatically charged to your card on file each monthly anniversary date of the Membership. Unless you cancel your membership, by contacting our Customer Support team at 1-855-723-1888 or e-mail us at contacus@myhealthcareassociates.com, [5] days prior to the end of your current months subscription cycle as specified above, we will charge your credit card on file for a subsequent monthly membership fee. Thereafter, you will continue to receive one month’s access while you remain a member of the America’s Healthcare Associates program. The card you provided when you purchased your membership will be automatically charged for the program you selected on the monthly anniversary date of your membership, as authorized by you by checking the box demonstrating your consent for automatic monthly renewal of your Membership during the sign-up process by America’s Healthcare Associates. We will charge your credit card with the applicable Membership fee or similar taxes that may be imposed on your Membership fee payments. Each Membership renewal period is for one calendar month. To cancel your membership, you must call 1-855-723-1888 or e-mail us at contacus@myhealthcareassociates.com at least [5] days prior to the end of your current month’s subscription cycle.

Our Customer Service Center is open Monday-Friday: 8:00am – 5:00pm EDT.

Membership Cancellation – If you cancel your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term, and your Membership benefits will expire at the end of the then-current Membership term for which you have paid. You will not be eligible for a prorated refund of any portion of the Membership fees paid for any unused days of the then-current Membership term.

 

4 – PROPRIETARY RIGHTS

You hereby acknowledge and agree that America’s Healthcare Associates or its licensors own all legal right, title and interest in and to the Site and content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.

Any trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including the content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole or licensed property of America’s Healthcare Associates. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.

America’s Healthcare Associates does not claim ownership of the materials you provide to America’s Healthcare Associates (including feedback and suggestions) or post, upload, input or submit to the Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting America’s Healthcare Associates , its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. America’s Healthcare Associates is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at America’s Healthcare Associates sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

5 – Third Party Sites; Indemnification

5.1 – Third Party Web Sites

The Site may provide links to third party Sites that are not owned or controlled by America’s Healthcare Associates, including, without limitation, Facebook, Twitter and LinkedIn (“Third Party Sites”). We provide such links solely as a convenience to you. America’s Healthcare Associates does not review, approve, endorse, or make any representations about such Third Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third Party Sites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Sites linked to the Site, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies located on the linked to Third Party Sites which may be different from this Agreement or our Privacy Policy, including, without limitation, such Third Party Sites’ password and account security policies and user-generated content posting and acceptable use policies.

5.2 – Indemnification

You agree to defend, indemnify and hold the Site, and its subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, employees, and Ad Partners harmless from any liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, costs and expenses, made by any third party directly or indirectly relating to or arising out of (a) content you provide to the Web Site or otherwise transmit or obtain through the Service, (b) your use of the Service, (c) your connection to the Service, (d) your violation of this Agreement, (e) your violation of any rights of another or (f) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our consent.

5.3 – Disclaimer

Important Information

The information and content on America’s Healthcare Associates is solely for your general educational information only. America’s Healthcare Associates cannot replace the relationship that you have with your health care professionals. The content on America’s Healthcare Associates’ Site should not be considered medical advice. If you are experiencing a medical emergency, you should call “911” immediately. You should always talk to your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. None of the information on this Site represents or warrants that any particular drug or treatment is safe, appropriate or effective for you. Health information changes quickly. Therefore, it is always best to confirm information with your health care professionals.

By becoming a member of America’s Healthcare Associates, you will receive access to medical professionals such as doctors and nurses (“providers”) who can provide you with medical assistance, regarding non-emergency health related issues or concerns you may be experiencing, via PDA, computer, Iphone or similar communication device. Providers will not, under any circumstances, prescribe any narcotic medication.

America’s Healthcare Associates does not employ, recommend or endorse any provider, nor is it responsible for the conduct of any provider. Each individual is solely responsible for selecting an appropriate provider for themselves or their families. Each individual who receives services from a provider enters into an independent contractor’s relationship with said provider. Providers are not employees of America’s Healthcare Associates. America’s Healthcare Associates does not provide medical advice, diagnosis or treatment. All individuals or families seeking help should always consult an applicable licensed professional with pertinent questions or concerns.

America’s Healthcare Associates shall under no circumstances be liable for any damage you or anyone else, alleges to have been caused by a provider including, but not limited to, liability for injunctive relief as well as for any harm, injury, loss or damages of any kind incurred by you or anyone else. This limitation shall also apply with respect to damages resulting from any transactions or potential transactions, goods or services promised or exchanged, information or advice offered or exchanged, or other content, interactions, representations, communications or relations through, related to your relationship with a provider.

Use of Third Party Services. Your membership plan includes monthly memberships and services with third party companies who are responsible for providing their services under their own plans. You understand that if you have any issues with their services, such matters should be addressed directly with the company responsible for the provision of such services. Moreover, you should review such companies’ terms of use and privacy policy. If any of the third party companies deny usage of their products/services for any reason, at their sole and absolute discretion, there is no obligation whatsoever by America’s Healthcare Associates to provide or identify other companies for which the third party service was denied to Client. Client’s eligibility may be canceled by third party service at any time without recourse by Client.

You may be required to download certain software in order to use America’s Healthcare Associates. Because America’s Healthcare Associates does not provide any of the aforementioned software or any other software necessary for you to access or use America’s Healthcare Associates, should you require such software and it damages your computer in any way, America’s Healthcare Associates cannot be held liable for such damage or any loss of information associated with such damage. Additionally, you will be responsible for all costs associated with your accessing America’s Healthcare Associates, including but not limited to, the cost of your computer and associated components and the cost of accessing the internet through your internet provider.

The materials on America’s Healthcare Associates’ Site are provided “As Is”. America’s Healthcare Associates makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, America’s Healthcare Associates does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

 

6 – Disclaimer of Warranties

This Site, Content, Products, and Memberships are furnished to you “As Is” and without warranties, representations or conditions, statutory or otherwise of any kind. America’s Healthcare Associates, on behalf of itself and its affiliates, licensors, suppliers, and third party providers, and each of their respective Directors, Officers, Employees, Contractors, Agents, Successors, and Assigns (collectively, the America’s Healthcare Associates”): (A) Expressly disclaims all representations, warranties and conditions, whether express, implied or statutory, including, without limitation, the implied warranties of non-infringement, title, merchantability, and fitness for a particular purpose; (B) Does not represent or warrant that the Site, content, products or memberships will meet your requirements, or that the operation of the Site or content will be timely, uninterrupted, stable, or secure; (C) Does not represent or warrant that the Site, content, products, or memberships, will be error-free of that any defects will be corrected; and (D) Does not make any representations, warranties, or conditions regarding the use of the Site, content or products in terms of their accuracy, reliability, timeliness, completeness, or otherwise. Your use of the Site, content, products, memberships is entirely at your own discretion and risk and you assume total responsibility for your use of the Site, content, products and memberships.

This limitation of remedies is a part of the bargain between you and America’s Healthcare Associates. No oral or written information or advice given by America’s Healthcare Associates or any person on behalf of America’s Healthcare Associates shall create a warranty or condition or in any way change this exclusion of warranty. Nothing in this Section 6 shall exclude or limit the America’s Healthcare Associates parties’ warranties, representations or conditions to the extent they may not be lawfully excluded or limited by applicable law, in which case, such warranties, representations or conditions will be excluded and limited to the greatest extent permitted by applicable law.

 

7 – Liability Disclaimer

The information, software, products, and services included in or available through the America’s Healthcare Associates Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. America’s Healthcare Associates and/or its suppliers may make improvements and/or changes in the America’s Healthcare Associates Site at any time. Advice received via the America’s Healthcare Associates web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

America’s Healthcare Associates and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the America’s Healthcare Associates web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “As Is” without warranty or condition of any kind. America’s Healthcare Associates and/or its suppliers hereby disclaim all warranties and conditions with regards to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall America’s Healthcare Associates and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the America’s Healthcare Associates web site, with the delay or inability to use the America’s Healthcare Associates web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the America’s Healthcare Associates web site, or otherwise arising out of the use of the America’s Healthcare Associates website, whether based on contract, tort, negligence, strict liability or otherwise, even if America’s Healthcare Associates or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the America’s Healthcare Associates Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the America’s Healthcare Associates site and cancel your Membership.

7.1 – Special Damages Waiver

In no event shall America’s Healthcare Associates be liable to you, or any third party, for any special, indirect, incidental, punitive, exemplary, reliance, or consequential damages of any kind, including, but not limited to, property damage, loss of value of the products or loss of use of the products, whether based on breach of any express or implied warranty or condition, breach of contract or tort (including, without limitation, negligence or strict liability), even if America’s Healthcare Associates has been advised of the possibility of such damages.

7.2 – Cap on Damages

If, notwithstanding the forgoing, America’s Healthcare Associates is found to be liable to you or any third party for any damage or loss with arises under or in connection with your use of the Site, content, products or memberships, America’s Healthcare Associates’ total cumulative liability shall in no event exceed the greater of: (A) the amount you paid America’s Healthcare Associates for the products or membership, as applicable; and (B) the sum of one hundred US Dollars (US $100).

7.3 – Limitations, Exclusions & Exceptions

Nothing in this Section 7 shall exclude or limit America’s Healthcare Associates’ liability for losses which may not be lawfully excluded or limited by applicable law, in which case, America’s Healthcare Associates’ liability will be limited to the greatest extent permitted by applicable law.

America’s Healthcare Associates program includes a discount membership program offered by America’s Healthcare Associates. America’s Healthcare Associates is not a licensed insurer, health maintenance organization, or other underwriter of health care services. At any time America’s Healthcare Associates may substitute a provider network at its sole discretion. America’s Healthcare Associates cannot guarantee the continued participation of any provider. If the provider leaves, you will need to select another provider. Providers are solely responsible for the professional advice and treatment rendered to members and America’s Healthcare Associates disclaims any liability with respect to such matters.

 

8 – Waiver of Class Action Rights

By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with this Agreement must be asserted individually.

8.1 – Dispute and Arbitration; Class Action Waiver

Important Notice Affecting Your Rights : In the event of any controversy between the parties, including but not limited to any claims, dispute, suite, demand, cross claim, counterclaim, or third party complaint (where statutory, in tort, or otherwise) arising out of or relating to this agreement or its performance, breach, termination, enforcement, interpretation or validity, including the validity, scope or applicability of this provision to arbitrate, shall be determined by binding arbitration. This arbitration is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq. and not by any state rule or statute governing arbitration. Arbitration under this provision shall be conducted in either the county in which the consumer resides or the closest metropolitan county. THE PARTIES AGREE THAT ARBITRATION SHALL BE BEFORE A SINGLE ARBITRATOR ON AN INDIVIDUAL BASIS AND NOT AS A CLASS OR MASS ACTION. FURTHER, THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS. The Arbitration shall be administered by the American Arbitration Association (“AAA”), or another nationally known consumer arbitration service on which the parties shall agree. Arbitration shall be administered according to the arbitration service’s fee schedule and the service’s current applicable rules and procedures except: 1) that the parties expressly waive the applicability of any rule governing class or mass action; and 2) that the parties agree that any specific arbitration procedure provided for herein shall apply to the arbitration proceeding. The arbitrator shall be neutral and independent and shall comply with the selected arbitration service’s code of ethics. Additionally, the arbitrator shall be guided by and apply the Federal Rules of Evidence and “governing substantive” law. The arbitrator’s award shall be final and binding on all parties. Judgment on the arbitration award may be entered in any court having jurisdiction over the parties. If a party fails to comply with the arbitrator’s award, the other party may petition a court having jurisdiction to enforce the award. The parties shall bear their own attorneys’ fees unless such fees are expressly provided for by applicable law. If the arbitrator determines that reasonable attorneys’ fees are to be awarded under applicable law, the parties agree that the arbitrator will also determine the amount under the award for attorneys’ fees. In the event a party fails to proceed with arbitration, fails to comply with the arbitrator’s award or unsuccessfully challenges the arbitrator’s award the other party is entitled to any costs and expenses incurred, including a reasonable attorneys’ fee for having to compel arbitration or defend or enforce the award.

Binding Arbitration means: (1) that both parties give up the right to a trial by a judge or jury; (2) that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of appealable issues expressly provided for in 9 U.S.C. § 16; and (3) that discovery may be severely limited by the arbitrator, and should the arbitrator decide to allow full discovery, the arbitrator may not exceed discovery limitations set forth by the Federal Rules of Civil Procedure.

8.2 – Choice of Law

This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to its conflicts of laws rules. Foreign laws do not apply. Arbitration or court proceedings must be in Broward County, Florida. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.

 

9 – Electronic Communications; General Terms

9.1 – Electronic Communications

Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. 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, to the extent permitted by applicable law.

Mobile Devices

By subscribing to America’s Healthcare Associates you consent to receive electronic communications from America’s Healthcare Associates in electronic form, via email, Short Message Service (“SMS Service”) or wireless internet (“WAP Service”). If you designate to receive electronic communications via your mobile device, you agree to receive messages delivered via the Site to that device and understand your carrier’s standard rates apply to any messages sent from America’s Healthcare Associates. You represent you are the owner or authorized user of the mobile device on which messages will be received, and that you are authorized to approve any applicable charges. Only United States residents may use the SMS or WAP Service.

Data Security

SMS or WAP Services are provided via wireless systems which use radio frequencies (and other means) to transmit communications over complex networks. America’s Healthcare Associates does not guarantee your use of the SMS or WAP Services will be private or secure, and America’s Healthcare Associates will not be liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures appropriate to your situation and intended use of the SMS or WAP Service. You acknowledge and agree America’s Healthcare Associates may access the content of your account and the wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints.

9.2 – General Terms

America’s Healthcare Associates may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer’s right to use or access all or any part of the Site including any account thereon, without notice, for any reason in America’s Healthcare Associates sole discretion, including without limitation breach of this Agreement and/or violation of the Terms of Service, America’s Healthcare Associates belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to America’s Healthcare Associates or another user of the Site. This Agreement and the Privacy Policy constitute the entire agreement between you and America’s Healthcare Associates regarding its subject matter. America’s Healthcare Associates will not be responsible for failures to fulfill any of its obligations due to causes beyond its control. The failure of America’s Healthcare Associates to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. The parties acknowledge and agree that this Agreement and all related documents that may be drawn up are only valid in the English language. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified America’s Healthcare Associates’ Party shall be a third party beneficiary hereunder. America’s Healthcare Associates may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. Customer may not assign or otherwise transfer its rights, or delegate its performance, under this Agreement to any third party, in each and every case, without America’s Healthcare Associates express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Site, Content, Products or Memberships shall survive such termination.

 

10 – Force Majeure

You acknowledge and understand that if the Web Site is unable to provide the Services as a result of a force majeure event the Web Site will not be in breach of any of its obligations towards you under these Terms of Service. A force majeure event means any event beyond the control of the Web Site. The Web Site shall not have any liability to you whether in contract, warranty, tort (including negligence), or any other form of liability for failing to perform its obligations under this agreement to the extent that such failure is as a result of a force majeure event.

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