AllyHealth

Terms and Conditions

AllyHealth Terms of Use

Last Updated: December 29, 2022

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY SET FORTH IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.

YOU UNDERSTAND THAT BY ACCESSING OR USING THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE.

THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR THE MEDICAL GROUPS OR PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND OU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH EBLOW. WE EXPLAIN SOME OF THE EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by AllyHealth LLC and its respective affiliates (collectively “AllyHealth,” “We,” “Us,” or “Our”), including the www.AllyHealth.net website (the “Site”) and the services available to users through the Site or the mobile application (together, the “Platform”) (collectively the services received through the Site and App, the “Services”). Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, you are not authorized to access or otherwise use the Site, services or any information provided through the Site or Services so promptly exit this Site. Please also consult our Privacy Policy for a description of our privacy practices and policies, including how we collect and handle your personal health information and financial information. The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Site and/or Services. Your continued use after a change has been posted constitutes your acceptance of the changes so you should check the Terms of Use from time to time to determine if changes have been made.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

AllyHealth does not provide any physicians’ or other providers’ services itself. We may provide you with access to one or more independent medical groups who provide healthcare services through the Site or Platform (the “Medical Group”). All of the providers are independent of AllyHealth and use the Service as a way to communicate with you (the “Providers”). Any information or advice received from a provider comes from them alone, and not from AllyHealth. Your interactions with the Providers via the Service are not intended to take the place of your relationship with your regular health care practitioners. Neither AllyHealth, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any professional advice obtained from a health care provider via the Service or for any other information obtained on the Platform. AllyHealth does not endorse any specific tests, physicians, medications, products or procedures that are recommended by providers that may use AllyHealth to communicate with you. You acknowledge that your reliance on any healthcare providers or information provided by the providers via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith. By accepting this Agreement, you agree and acknowledge that any Services you receive from The Medical Groups and Providers through the Platform are also subject to this Agreement and Medical Groups and Providers are third-party beneficiaries of this Agreement.

AllyHealth does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Service.

  1. Ownership of The Site And Related Materials

    All pages within this Site and any material made available for download are the property of AllyHealth, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.

  2. Electronic Communications

    When you use any AllyHealth Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

    You agree to receive invitations, notifications, reminders and other communications from Provider and AllyHealth (and any of its affiliates or agents) through the Platform, or by email, text message (including any short message service), fax, phone or other method of communication. You agree and authorize Provider and AllyHealth to make such communications through use of an automatic telephone dialing system and/or an artificial or prerecorded voice message system (“Automated Messages”) at any of the contact information provided to AllyHealth or to Provider or to other service providers who are working with AllyHealth. You agree to immediately notify Provider or AllyHealth if there are any changes to your mobile phone number or other contact information.

    Automated Messages may include (without limitation) an invitation to download and use the Platform. By using the Services, you acknowledge and understand that you may receive multiple messages per day, and that you are responsible for any message and data rates charged by your mobile carrier. These communications may not be secure (not encrypted). Unsecured communications pose a risk to the confidentiality and privacy of the information being sent because they might be intercepted by a third party. You can opt out of receiving Automated Messages at any time, including by contacting AllyHealth at opt-out@allyhealth.net or replying “STOP” to an automated text message.

  3. Notice Regarding Your Financial Responsibility for Services/Membership

    Upon enrollment, you become an AllyHealth “Member”. As a Member, You are entitled  to access the Platform and the Services. Certain Services may not be available in all circumstances and any listed or quoted prices are subject to change without notice. We reserve the right to suspend or end the program or certain aspects thereof, without prior notice, in our sole discretion. Your membership is effective immediately upon your enrollment in the program and shall continue on a month-to-month basis until You cancel your membership. You may cancel your membership at anytime by contacting Us via email at cancel@allyhealth.net or by phone at 888-565-3303. The Payment of your membership fee, if applicable, is made automatically by a charge to the payment source that you provide to us (the “Payment Source”) in advance each month. Except to the extent that applicable law explicitly requires a longer notice period, we reserve the right to terminate your membership at any time without notification, including in the event that we are unable to bill the membership to your Payment Source.

  4. Eligibility; Availability

    In order to qualify to use the Services, the following must be true: (i) you are age 18 or over; and (ii) You agree to be legally bound by and comply with these Terms of Use.

    Please note that certain of our Services are not available to individuals in certain states. Additionally, the Services are limited to users located in the United States. Access to the Services from countries or territories or by individuals outside the United States or states where the Services are not available is prohibited. Certain products available through the Service are subject to additional age restrictions and not all products or Services on Our Platform are available to all ages.

    We reserve the right to change or include new requirements or modify the availability of the Services in Our sole discretion without providing prior notice to you.

  5. Site Access, Security and Restrictions; Passwords

    If you create a subscriber account for the AllyHealth Site, you agree to complete the registration process by providing current, complete, and accurate information as required by AllyHealth. You are responsible for all activities that occur under your account. In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by AllyHealth at any time with or without cause.

    You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

    You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

    Violations of system or network security may result in civil or criminal liability. AllyHealth will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

  6. Protected Health Information

    When you set up an account with AllyHealth, you are creating a direct customer relationship with AllyHealth that enables you to access and/or utilize the various functions of the Service as a user. As part of that relationship, you provide information to AllyHealth, including but not limited to your name, email address shipping address and phone number, that we may collect, use and disclose in accordance with our Privacy Policy, and that we do not consider to be “health” or “medical” information.

    However, in using certain components of the Service, you may also provide certain medical information that may be protected under applicable laws. AllyHealth is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). One or more of the Medical Groups may or may not be a “covered entity” or “business associate” under HIPAA, and AllyHealth may in some cases be a “business associate” of a Medical Group. It is important to remember that, while state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with AllyHealth, the Medical Groups or the Providers. To the extent AllyHealth is deemed a “business associate” however, and solely in its role as a business associate, AllyHealth, may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the Medical Group (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”),will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.

    The Medical Groups and Providers have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Information. By accessing or using any part of the Service, you are acknowledging receipt of the Notice of Privacy Practices from your Medical Group and Provider(s).

  7. No Medical Advice or Services

    The Medical Groups provide the clinical services for AllyHealth. The Medical Groups are independent, physician-owned medical groups with a national network of United States based providers who provide clinical telehealth services. The Medical Groups provide clinical services via the Platform to customers of AllyHealth.

    THE CONTENT OF THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. ALL INFORMATION PROVIDED BY ALLYHEALTH OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY ALLYHEALTH, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH ALLYHEALTH MEDICAL EXPERTS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. THE SITE AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY ALLYHEALTH, ITS CONTENT PROVIDERS, MEDICAL EXPERTS, CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK. WHILE ALLYHEALTH FACILITATES YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH PHYSICIANS, ALLYHEALTH DOES NOT PROVIDE MEDICAL SERVICES AND THE DOCTOR-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE HEALTHCARE PROVIDER YOU SELECT. ALL HEALTHCARE PROVIDERS IDENTIFIED OR ACCESSIBLE ON THE SITE ARE INDEPENDENT PROVIDERS AND ARE NOT EMPLOYED BY OR AFFILIATED WITH ALLYHEALTH.

  8. License And Access

    Subject to your compliance with these Terms of Use and your payment of any applicable fees, AllyHealth or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the AllyHealth Services. This license does not include any resale or commercial use of any AllyHealth Service, or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of any AllyHealth Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by AllyHealth or its licensors, suppliers, publishers, rights holders, or other content providers. No AllyHealth Service, nor any part of any AllyHealth Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AllyHealth. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AllyHealth without express written consent. You may not use any meta tags or any other “hidden text” utilizing AllyHealth’s name or trademarks without the express written consent of AllyHealth. You may not misuse the AllyHealth Services. You may use the AllyHealth Services only as permitted by law. The licenses granted by AllyHealth terminate if you do not comply with these Terms of Use.

    The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by AllyHealth. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of AllyHealth without our express written consent.

  9. Accuracy and Integrity of Information

    Although AllyHealth attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform AllyHealth so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, AllyHealth shall have no responsibility or liability for information or Content posted to the Site from any non-AllyHealth affiliated third party.

  10. Links to Other Sites

    AllyHealth makes no representations whatsoever about any other website that you may access through this Site. When you access a non-AllyHealth site, please understand that it is independent from AllyHealth, and that AllyHealth has no control over the Content on that website. In addition, a link to a non-AllyHealth website does not mean that AllyHealth endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.

  11. Terms of Sale

    All products offered for sale by AllyHealth are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Service. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.

    Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated Payment Source for the total amount of your membership fees and any other orders as applicable. In connection with any purchase you make through the service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant AllyHealth without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.

    All credit card, debit card and other monetary transactions on or through the Service occur through an online payment processing application(s) accessible through the Service. This online payment processing application(s) is provided by AllyHealth’ third-party online payment processing vendor. AllyHealth’s relationship with any online payment processing application, if any, is merely contractual in nature, as the processor is nothing more than a third-party vendor to AllyHealth, and is in no way subject to AllyHealth’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.We reserve the right to remedy any User issues and concerns on a case by case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.

  12. User Information

    If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to AllyHealth and its Providers that you have the legal right and authorization to provide all User Information to AllyHealth and its Providers for use as set forth herein and required by AllyHealth and the Provider.

  13. Consent to Receive Transactional Calls and Messages

    By electing to contact or be contacted by AllyHealth by telephone or SMS/text messaging, or otherwise signing up for a text message campaign related to the Service, you are agreeing to the Dispute Resolution; Binding Arbitration; Class Action Waiver section of these Terms as well as the rest of the terms herein, including Limitation of Liability.

    By providing your mobile number to us, you agree to be contacted by or on behalf of AllyHealth at the mobile number you have provided, including via phone call or text message, to receive transactional communications relating to the Service (such as to update on status of arrival, timing, and to confirm orders and use of the Service), and you recognize and acknowledge that text messaging is an inherently less secure of a method of communication and agree to receive text messages regardless of the level of security associated with them. Message and data rates may apply. For help regarding the communications, we exchange with you using your phone number, contact us directly.

    Consent to receive marketing text messages, which are subject to separate consent terms, are not a condition of purchasing any of AllyHealth’s goods and services, and you are free to opt-out at any time of marketing text messages- if you would like to stop receiving marketing text messages, you may text the word STOP in reply to any text. Note that we may confirm your opt-out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the Service that most recently sent you a message or respond to your STOP message by texting you a request to identify the Service(s) you wish to stop. Keep in mind that if you stop receiving marketing text messages from us, you may not receive important and helpful information and reminders.

    You must notify us if you give up a telephone number that is subscribed to a text message program or if the number is otherwise reassigned.

  14. Claims of Copyright Infringement

    We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

    AllyHealth respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to AllyHealth’s Designated Copyright Agent, identified below.

    Notices of Alleged Infringement for Content Made Available on the Site

    If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.

    1. Identify the copyrighted works that you claim have been infringed.
    2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
    3. Provide your mailing address, telephone number, and, if available, email address.
    4. Include both of the following statements in the body of the Notice:
      “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
      “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
    5. Provide your full legal name and your electronic or physical signature.
      Deliver this Notice, with all items completed, to info@allyhealth.net.

  15. Disclaimer of Warranties

    ALLYHEALTH DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. ALLYHEALTH DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

    YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. ALLYHEALTH DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

  16. Limitation of Liability Regarding Use of Site

    ALLYHEALTH AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF ALLYHEALTH TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $10000 (TEN THOUSAND DOLLARS).

  17. Binding Arbitration / Class Waiver

    YOU EXPRESSLY AGREES THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND ALLYHEALTH OR YOU AND ANY OF THE ALLYHEALTH PARTIES OR ANY MEDICAL GROUP OR PROVIDER ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO ALLYHEALTH, THE SITE, THE PLATFORM THE CONTENT OR THE SERVICES, OR ANY OTHER ALLYHEALTH 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 AllyHealth 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. AllyHealth 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 Ridgefield Park, New Jersey, except that, in the event Ridgefield Park, New Jersey is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence, 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 https://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 AllyHealth agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in Bergen County, New Jersey, 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 Bergen County, New Jersey, 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 Bergen County, New Jersey 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 AllyHealth. 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 AllyHealth to: AllyHealth LLC, 100 Challenger Road, Suite 400, Ridgefield Park, NJ 07660 ATTN: Arbitration Opt-Out.

    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 AllyHealth LLC, 100 Challenger Road, Suite 400, Ridgefield Park, NJ 07660, ATTN: Dispute Notice. 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 AllyHealth LLC, 100 Challenger Road, Suite 400, Ridgefield Park, NJ 07660 ATTN: Arbitration Opt-Out within 30 days of the effective date of such modifications.

  18. Governing Law; Venue

    These Terms of Use are governed by the laws of the state of New Jersey without regard to conflict of law principles. You and AllyHealth submit to the personal jurisdiction of the state courts and federal courts located within Bergen County, New Jersey for resolution of any lawsuit or court proceeding permitted under these Terms of Use.

  19. Force Majeure

    We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

  20. Indemnity

    You agree to defend, indemnify and hold AllyHealth harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by AllyHealth arising out of your breach of these Terms of Use or violation of applicable law, or access by anyone accessing the Site using your user ID and password. Notwithstanding the foregoing or anything to the contrary herein, AllyHealth shall only exercise its rights in this Section after addressing applicable claims with Your employer or health plan should you be accessing the Site or Services through your employer or health plan

  21. Right to Modify Revisions; General

    AllyHealth reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. AllyHealth uses Google Analytics, a third-party tracking service, which uses cookies to track non-personal identifiable information about our visitors to our main site in the aggregate to capture usage and volume statistics. AllyHealth has no access to or control over these cookies. The companion Privacy Policy covers the use of cookies by AllyHealth only and does not cover the use of cookies by any third-party. AllyHealth reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between AllyHealth and you pertaining to the subject matter hereof. In its sole discretion, AllyHealth may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

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