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Terms of Use

1.  Terms of Use

 

Advanced Monitored Caregiving Inc. (referred to herein as “AMCH,” the “Company,” “we,” “us,” or “our”) provides visitors/users the website www.amchealth.com (the “Site”) which displays these terms of use (the “Terms of Use”) as well as any applications, services, products, and content available on or in association with the Site (the “Services”), subject to your compliance and agreement with all of the terms, conditions and notices contained or referenced herein.

 

By using the Site or the Services you (“you” or “user”) agree to be bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference. If you do not wish to be bound by these Terms of Use, please stop using the Site and exit it now. Your remedy for dissatisfaction with this Site, or any Services, is to stop using the Site and/or those particular Services. Your agreement with us regarding compliance with these Terms of Use becomes effective immediately upon commencement of your use of this Site or the Services.

 

These Terms of Use constitute our binding agreement with you, and your use of the Site or the Services constitutes your acceptance of that agreement.

 

These Terms of Use were last updated and are effective as of the date indicated below. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this Site or the Services after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. As used in these Terms of Use, references to our “Affiliates” means our owners, affiliated companies, officers, directors, employees, other users, suppliers, partners, sponsors, and advertisers, and includes, without limitation, all parties involved in creating, producing, and/or delivering this Site and/or the Services.

 

These Terms of Use contain a mandatory arbitration provision that requires you to arbitrate individually any disputes or claims that you may have with us and waives your right to participate in a class action or multi-party arbitration. You may opt out of the mandatory arbitration provision by providing written notice to us as at: Advanced Monitored Caregiving Inc., 1 World Trade Center, Suite 8500, New York, NY 10007 of your decision within thirty (30) days of the date that you first visit our Site.

 

2.  Proprietary Rights

 

All or portions of the Site are proprietary to us and are protected by intellectual property laws and treaties, including, but not limited to, copyright, trademark, service mark, trade secret and/or patent laws and any moral rights. You agree to use the Site for your own personal use only and shall not copy, duplicate, display, transmit, distribute, modify, or prepare derivative works of all or any portion of the Site, or other aspect of the Services, for any purpose unless AMCH gives you express written permission to do so.

 

3.  Licenses

 

Your access to the Site is pursuant to a free, limited, revocable, and non-exclusive license from us which may be modified, terminated, restricted, or limited by us at any time. By submitting any content to the Site, you grant to us a perpetual, unlimited, irrevocable, royalty-free, non-exclusive, assignable, and worldwide license to make, copy, perform, publish, display, distribute, transmit, translate, modify, prepare derivative works from, and use such content in any form, media, or technology now known or hereafter developed. You also agree to waive and never assert any moral rights that you may have in or to any content submitted to us.

 

4.  Accessibility

 

You understand and agree that the Site may at times be inaccessible for any reason. AMCH is not responsible or liable in any way to you or anyone else due to or as a result of any such inaccessibility.

 

5.  Collection of Certain Information

 

The Site may include functions (such as "contact us" forms for employment applications and registration information or "feedback" pages) provided for the purpose of submitting information to the Company. Submitted information may include personally identifiable information such as name, e-mail, and postal address. The Company’s handling and use of all submitted information will be pursuant to our Privacy Policy published separately on the Site. See the Privacy Policy for details and additional information.

 

6.  Accounts

 

Some portions of our Site may allow you to register for an account (“Account”). In general, you are not obligated to register for an Account to access the Site as a visitor. When you set up an Account you are required to enter your name, email address, password (“Password” and together with your registration information the “Account Information”) and certain other information requested by AMCH. You must be 18 years or older to become a registered user. If you are under 18 years of age, you may not establish an Account or use the Site in any manner.

 

You may not transfer or share your Account Information with anyone. You are responsible for maintaining the confidentiality of your Account Information. You agree to notify us immediately upon becoming aware of any unauthorized use of your Account Information or any other breach of security. You are responsible for any and all use of your Account. In no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out your use of the Site, your use of Account Information or your release of the Account information to a third party. You may not use anyone else’s Account at any time and may only maintain one Account at time.

 

7.  Privacy Policy

 

Operation of the Site may require the submission, use, and dissemination of various items of personal identifying information. While we consider your personal identifying information to be private, your use of the Site or the Services constitutes acceptance of our policies and practices for the collection and use of personal identifying information. Please see our Privacy Policy for a summary of our personal identifying information collection and use policies and practices.

 

8.  Compliance with Laws

 

Use of the Site is subject to compliance with all applicable international, federal, state, and local laws and regulations.

 

9.  Security

 

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. We reserve the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained through such monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. We will comply with all court orders involving requests for such information.

 

10.   No Professional Advice

 

Any content, information, or otherwise provided through our Services by any form of communication, or by any of our employees or agents whether by telephone, e-mail, letter, or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you. In addition, health-related information provided through our Services is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

 

11.   No Medical Advice or Services

 

The Company is not a health care provider. If you experience any pain, symptoms, or other maladies of any kind, consult your physician immediately or call 911 (or the equivalent emergency number in your territory). The content of the Services, including without limitation any content accessed, sent, or made available for use or download through this Services, does not constitute professional medical advice, diagnosis, or treatment by the Company of any kind. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. We do not recommend or endorse any specific tests, healthcare providers, physicians, products, treatments, therapeutics, pharmaceuticals, devices, procedures, opinions, or other information that may be included on, accessed through, sent through, or made available for use or download through the Services.

 

12.   Conduct

 

Your use of the Site and the Services is subject to all applicable laws and regulations and you are solely responsible for the substance of your communications through the Site. By posting information in or otherwise using any communications service, chat room, message board, or other interactive service that may be available to you on or through this Site (the “Feedback”), you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any Feedback — including text, communications, software, images, sounds, data, or other information — that:

 

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or otherwise violates our rules or policies;

  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, national origin, age, or disability;

  • infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

  • constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as

“spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

  • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or

telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

  • impersonates any person or entity, including any of our employees or

 

By submitting any Feedback you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation and that we are free to use the Feedback without any additional compensation to you and/or to disclose the Feedback on a non- confidential basis or otherwise to anyone. You further acknowledge that by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us or developed by us or obtained from sources other than you.

 

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Site. However, we and our agents have the right at their sole discretion to remove any content (including without limitation your Feedback) that in our judgment does not comply with these Terms of Use and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. In addition, you may not use your Account to breach security of another Account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. Similarly, not all Services may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site and/or the Services. Users who violate systems or network security may incur criminal or civil liability.

 

You acknowledge and agree that we will cooperate fully with investigations of violations of systems or network security of the Site or at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. In our cooperation with law enforcement authorities, you acknowledge and agree that we may disclose your personal identifying information and Feedback as well as any other information we may know about you and your use of the Site and/or the Services.

 

13.   No Redistribution or Resale

 

You agree not to sell, resell, lease, distribute, redistribute, or exploit any portion of the Site for commercial purposes.

 

14.   Linking and Framing

 

You agree not to bypass or attempt to bypass the home page of the Site and “deep link” to any other page in the Site or frame our content within another website or copy or use our content in another medium without our express written permission.

 

15.   Links to Other Sites

 

This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials, and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control and you acknowledge and agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of or association with the site or party by us or any warranty of any kind, either express or implied.

 

16.   Third Party Products and Services

 

You acknowledge and agree that the Site may feature materials, products, and services provided by third parties. We make no representations or warranties with respect to, nor do we guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, products, and services or any other materials, products, and services which may be accessed or acquire through such third party materials, products, and services. We expressly disclaim responsibility and liability for all third party materials, products, and services contained on or accessed through the Site.

 

17.   Disclaimer of Warranties

 

The Site and the Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability or fitness for a particular purpose or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Services will be effective, accurate, or reliable; or (d) the quality of any Services purchased or obtained by you from the Site, from us, or our Affiliates will meet your expectations or be free from mistakes, errors, or defects.

 

This Site could include technical or other mistakes, inaccuracies, or typographical errors. We may make changes to the Services at this Site, including the prices and descriptions of any Services listed herein, at any time without notice. The Services at this Site may be out of date, and we make no commitment to update such Services. The use of the Services or the downloading or other acquisition of any Content through this Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

 

Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions are agreed to solely between the seller or purchaser of such merchandise and services and you. We are not liable for and you hereby hold us harmless from such transactions.

 

WE MAKE NO WARRANTY REGARDING THE SERVICES OR ANY TRANSACTIONS EXECUTED THROUGH OR IN CONNECTION WITH THIS SITE AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

 

Content available through this Site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than our authorized spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this Site for further information, which policies are incorporated by reference into these Terms of Use.

 

You understand and agree that temporary interruptions of the Site or the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.

 

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

18.   Limitation of Liability

 

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA, PROFIT, SAVINGS, OR BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE OR THE SERVICES, WHATEVER THE BASIS OF THE CLAIM OR ACTION (SUCH AS BREACH OF WARRANTY, CONDITION, CONTRACT, INFRINGEMENT, AND TORT, INCLUDING STRICT LIABILITY AND NEGLIGENCE OR OTHER LEGAL THEORY) EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AND OUR AFFILIATES’ LIABILITY FOR DAMAGES OR LOSSES FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE BASIS OF THE CLAIM OR ACTION WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE SPECIFIC SERVICE THAT CAUSED THE DAMAGES OR LOSSES.

 

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

 

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH INSTANCES, AMC HEALTH’S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

 

THE USE OF THE SERVICES AND THE CONTENT THEREIN IS AT YOUR OWN RISK. BY ACCESSING ANY ASPECT OF THE SERVICES (INCLUDING WITHOUT LIMITATION THE MYCARE VIRTUAL APPLICATION), YOU ASSUME RESPONSIBILITY FOR THE SECURITY CONTROLS OF THE WIFI CONNECTION THAT IS SELECTED AND USED BY YOU. WHEN USING THE SERVICES, INFORMATION MAY BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF THE COMPANY. ACCORDINGLY, THE COMPANY ASSUMES NO LIABILITY FOR ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SERVICES. THE COMPANY ALSO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR DEVICES ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING VIA THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS OR CONTENT FROM THE SERVICES.

 

19.   Binding Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. THIS PROVISION REQUIRES YOU TO ARBITRATE DISPUTES WITH AMCH AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. IT FURTHER PROVIDES THAT YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS OR OTHER REPRESENTATIVE ACTION. THIS SECTION OF THE TERMS SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

  1. We will try work in good faith to resolve any issue you have with our Services if you bring that issue to our attention. However, we realize that there may be rare cases where we may not be able to resolve an issue to a client’s satisfaction. In that case, you and AMCH agree that any dispute, claim or controversy arising out of or relating in any way to these Terms shall be determined by binding arbitration rather than court, except that you or we may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on a non-class, non-representative basis.

  2. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and AMCH are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and AMCH.

  3. If you desire to assert a claim against AMCH Law in respect of AMCH, and you therefore elect to seek arbitration, you must first send to AMCH, by e-mail, a notice of your claim ("Notice"). The Notice to Company should be addressed to: info@appAMCH.com("Notice Address") and should state in the “subject line” of the e-mail “LEGAL NOTICE FOR AMCH” in all capital letters. If AMCH desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by AMCH, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). In an effort to accelerate resolution and reduce the cost of any Demand between us, you and we agree to personally meet and confer telephonically or via videoconference in a good faith effort to resolve informally any Demand prior to either party initiating a lawsuit or arbitration (“Initial Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference, as will we. The Initial Dispute Resolution Conference shall occur within 60 days after the other party receives a Notice, unless an extension is mutually agreed upon by the parties. The Initial Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party sends a Notice, even if the same law firm or group of law firms represents multiple users in similar cases; unless all parties agree, multiple individuals initiating a Demand cannot participate in the same Initial Dispute Resolution Conference. The completion of the Initial Dispute Resolution Conference is a mandatory pre-condition to either party initiating an arbitration or lawsuit against the other. If either party fails to participate in the Initial Dispute Resolution Conference prior to initiating an arbitration or lawsuit, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or court proceeding, and, unless prohibited by law, the arbitration provider shall neither accept nor administer any such arbitration nor assess fees in connection with such arbitration. The statute of limitations and all filing fee deadlines shall be tolled while the parties engage in the Initial Dispute Resolution Conference process required by this paragraph.

  4. If AMCH and you do not reach an agreement to resolve the claim within 60 days after the Notice is received and after the completion of the Initial Dispute Resolution Conference, you or AMCH may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by AMCH or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms. The arbitrator shall decide all disputes arising out of or relating to the interpretation or application of this Arbitration Agreement. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. Unless AMCH and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address, and may occur by videoconference at either party’s election. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. For any arbitration in which your total damage claims, exclusive of attorney fees and expert witness fees, are $5,000.00 or less, the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees and costs as part of any award, unless the total damages awarded are less than the amount of a settlement offered by us prior to the initiation of the arbitration. The arbitrator may also award us our attorney fees, expert witness fees and costs if it is determined that your claim was brought in bad faith, for purposes of harassment, or is patently frivolous.  

  5. If multiple individual arbitration proceedings are consolidated pursuant to this Arbitration Agreement, AAA and the arbitrator shall treat the consolidated proceedings as one arbitration for purposes of assessing AAA fees and the arbitrator’s compensation, and you consent and agree not to object to any reduction or elimination of AAA fees or arbitrator compensation.

  6. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action, and the parties expressly waive their right to file a class action or seek relief on a class basis, whether in arbitration or in court.

  7. Although the parties have agreed that no disputes may proceed as part of a class arbitration, you and we agree that the AAA may consolidate an individual arbitration filed under this Agreement with other individual arbitration(s), at the request of any party, if the arbitrations share any common issues of law or fact. The consolidation issue shall be determined by the arbitrator appointed for the earliest filed arbitration. Any disputes over whether an arbitration claim should be consolidated with others, or which arbitrator shall hear any consolidated matter, shall be resolved by the AAA.

  8. If any court or arbitrator determines that the class action and class arbitration waiver set forth in this Arbitration Agreement is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

  9. If this Arbitration Agreement is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be the state or federal courts located in the State of New York.

  10. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO OUR PLATFORM OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20.   Copyright

 

It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA"). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances. If you believe that any Content on the Site infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”) identified below with the following information:

 

  • A description of the copyrighted work or other intellectual property that you claim has been infringed with sufficient detail so that we can identify the alleged infringing material;

  • The URL or other specific location on the Site that contains the alleged infringing material

described in (a) above with reasonably sufficient information to enable us to locate the alleged infringing material;

  • Your name, mailing address, telephone number, and email address;

  • The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;

  • A 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

  • A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

 

To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address, to the provider of the allegedly infringing material.

 

We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA.

 

21.   Termination

 

We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use. Upon any termination, your right to use the Site and/or the Service will cease immediately. If you wish to terminate your Account, you may simply discontinue using the Site and the Services.

 

22.   Governing Law

 

This Site (excluding any linked sites) is controlled by us from our offices within New York, USA. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of the State of New York, by accessing this Site, both you and we agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of Services available through this Site. If for any reason the Binding Arbitration Agreement contained within Paragraph 19 is held invalid, you and the Company each agree and hereby submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the State of New York, USA with respect to such matters.

 

23.   Modification and Amendment

 

WE HAVE THE RIGHT AT ANY TIME OR FROM TIME TO TIME TO MODIFY OR AMEND THE TERMS AND CONDITIONS OF THIS AGREEMENT, IN WHICH CASE THE SITE WILL DISPLAY SUCH CHANGES, WHICH WILL BE YOUR ONLY NOTIFICATION OF ANY SUCH CHANGE. ANY USE OF THE SERVICES BY YOU AFTER SUCH NOTIFICATION SHALL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFIED OR AMENDED TERMS. NO MODIFICATION MADE BY YOU SHALL BE BINDING UPON US UNLESS IT IS MADE IN WRITING AND SIGNED BY US.

 

24.   Separate Terms and Conditions

 

In connection with your access to or use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms of Use. Please read these supplemental policies and terms carefully before accessing or making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms of Use regarding any access to or use of the Services, unless otherwise expressly stated.

 

25.   Severability

 

If any one or more of the provisions contained in these Terms of Use shall for any reason be found to be invalid, illegal, or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law, provided that such severance does not alter the fundamental benefit of the bargain to either party.

 

26.   Headings

 

The paragraph headings contained herein are for convenience only and shall not affect their interpretation.

 

27.   Notice

 

All notice relating to the Site, the Services, or your use of any thereof shall be deemed to be delivered when displayed on the Site. All notices to us shall be sent via email to info@amchealth.com.

 

28.   Notice for California Residents

 

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

29.   Indemnification

 

You agree to indemnify, hold harmless, and defend AMC Health and its officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys' fees and fees of other professional advisers, arising out of or in connection with (i) your access to or use of the Services, (ii) your online conduct in connection with the Services, (iii) your violation or breach of these Terms of Use, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons resulting from access to or use of the Services. You shall not settle any such claim without the prior written consent of AMC Health. These obligations will survive any termination of these Terms.

 

30.   Complete Agreement

 

These Terms of Use (including all terms and conditions incorporated herein by reference) constitute the complete and exclusive agreement between us and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications, or agreements not specifically incorporated herein. Any attempt by you to alter, supplement, or amend these Terms of Use, or to enter an order for Services which are subject to additional or altered terms and conditions, shall be null and void unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

 

  1. Contact Us

 

If you have any questions about these terms or believe that your personal data has been compromised (i.e., data breaches or information regarding disclosure of PHI/PII), contact AMCH Customer Relations via phone (877) 262-2240 or email AMCH Security Team at security@amchealth.com.

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Last Updated: September 2024

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