BY USING THE OUTOFPOCKET.HEALTH WEB SITE YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS.
The www.outofpocket.health web site ("Site") is made available by Out Of Pocket Health, LLC (the "Company"). All content provided on or through this Site may be used only under the Terms and Conditions stated below
USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF USE ESTABLISHED BY THE COMPANY
When you access information provided on the Site, you acknowledge your agreement to these Terms and Conditions. References to "you" or "your" refer to you as an individual as well as in any representative capacity you may have.
1. SERVICES PROVIDED
2. PROPERTY RIGHTS ON THE SITE
(a) Subject to these Terms and Conditions, the Company grants to you the right to access and use the Site for your own personal use. The Site is the property of the Company and is protected by applicable copyright, trademark or other intellectual property law. The Company retains all title, ownership rights, and intellectual property rights in and to the Site. You agree to abide by any copyright notice or other restriction contained in any individual information, software, or other material accessible through the Site, and you further agree not to remove any copyright or other notices contained therein. Except as expressly authorized herein, you may not use, copy, transmit, offer for sale, sell, display, distribute, publish, create derivative works of, or commercially exploit the Site without the written consent of the Company. You also agree not to use the Site for any unlawful purpose.
(b) In the event you use the Site or the links included on the Site to gain access to a web site or source of information, services, software, or goods of any company, organization, or person other than the Company, you acknowledge that such other sites or locations are not under the control of the Company and agree that the Company shall not be responsible for any of the information, services, software, or goods or other links found at any such web site or source of information, services, software, or goods, or for your use of such information, services, software, or goods.
3. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
(A) THE SITE IS PROVIDED "AS IS." NEITHER THE COMPANY NOR ANY OF ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THAT ACCESS TO, OR USE OF, THE SITE WILL BE UNINTERRUPTED, ABSOLUTELY SECURE, COMPLETE, ACCURATE OR ERROR FREE). IN ADDITION, THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION ITSELF IS NOT WARRANTED OR GUARANTEED. YOUR USE OF THE SERVICES AND THE INFORMATION ACCESSED ON OR THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK AND IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE ACCURACY AND COMPLETENESS AND THE COMPANY AND ITS LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
(B) YOU UNDERSTAND THAT THE COMPANY DOES NOT GUARANTEE THAT IT WILL CONTINUE TO MAKE THE SITE AVAILABLE TO YOU, WHETHER BY THE SAME METHODS CURRENTLY USED OR OTHERWISE. THE COMPANY MAY DISCONTINUE PROVIDING THE SITE TO YOU AT ANY TIME. YOU AGREE NOT TO HOLD THE COMPANY LIABLE FOR ANY DAMAGES ARISING FROM A DISCONTINUATION OR MODIFICATION OF ALL OR PART OF THE SITE.
(C) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY (CONTRACT, WARRANTY, TORT OR OTHERWISE) WILL THE COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES INCURRED BY YOU AND IN ANY WAY ARISING OUT OF OR RELATED IN ANY WAY TO THESE TERMS AND CONDITIONS (INCLUDING, WITHOUT LIMITATION, YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY DAMAGES YOU MAY INCUR IN CONNECTION WITH ANY DECISION MADE, ACTION, OR INACTION, TAKEN BY YOU OR ANY OTHER PARTY, IN RELIANCE UPON THE INFORMATION OR FOR THE RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS THEREOF, OR FOR ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY PART OF THE INFORMATION OR SERVICES), EVEN IF ADVISED OF SUCH DAMAGES.
4. YOUR INFORMATION
We may terminate your access to the Site if we believe you have violated these Terms and Conditions,.
You agree to indemnify and hold harmless the Company (and its directors, officers, employees, control persons, suppliers, licensors and agents) from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) arising out of or related to: (a) your breach of your agreements, representations and warranties contained in these Terms and Conditions; (b) your use of the Site (i) in violation of these Terms and Conditions, (ii) in violation of any rights of the Company or any third-party information provider, including copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, or (iii) in violation of any applicable law, rule or regulation.
7. COPYRIGHTS AND TRADEMARKS
All contents of the Site are Copyright © 2020 Out Of Pocket Health, LLC. The logos, marks, product and service names that appear on this Site or in connection with the services offered by the Company (the "IP") belong to the Company and are protected by U.S. and international trademark laws. You agree not to display or use that intellectual property in any manner without the Company's prior written permission. To seek permission to use any of the Company's intellectual property, please contact the Company in writing at its address set forth below.
8. NOTICE OF COPYRIGHT INFRINGEMENT.
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice to firstname.lastname@example.org
9. NOTICE REQUIRED BY CALIFORNIA LAW
Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:
"The name, address and telephone number of the provider of this website is Out Of Pocket Health, LLC, 122 South 2nd Street #1, Brooklyn, NY 11249. Complaints regarding the Site or the services offered on the Site or requests to receive further information regarding use of the Site may be sent to the above address or emailing email@example.com. 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 Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210."
10. APPLICABLE LAWS
This Agreement is governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflicts of law. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site or the Company's services or these Terms must be filed within one (1) years after such claim or cause of action arose or be forever barred.
(a) By accessing the Site you agree that any dispute, controversy, or claim arising out of, related to or in connection with this Agreement, or to the breach, performance, non-performance, termination or invalidity thereof, shall be finally settled and determined by arbitration administered by the American Arbitration Association (the “Association”) under its then current Arbitration Rules.
(b) The written award of the arbitrator shall be final and binding upon the parties, and judgment on or enforcement of the award so rendered may be sought, had or entered in any court having jurisdiction. The Association shall appoint the sole arbitrator following consultation with the parties. The arbitrator so appointed shall be independent of the parties and shall have a reputation as being experienced in the legal and technical matters related to the dispute. The seat of arbitration shall be Kings County, New York; provided, however, that the arbitrator may hold hearings at such other locations within the State of New York as the arbitrator shall determine, after consultation with the parties. The arbitral proceedings and all pleadings and written evidence shall be in the English language.
(c) The arbitrator is precluded from awarding punitive or exemplary damages. Nothing in this Agreement prohibits any party from seeking interim relief in any court of competent jurisdiction; provided, however that neither the filing of an application for a temporary restraining order, preliminary injunction, or other interim relief, as necessary, nor the granting of such relief, shall be deemed to be a waiver of the obligation of the party to have the dispute heard and determined solely and exclusively by arbitration. The rights and obligations of the parties as described herein shall survive the termination of any services provided by the Company.
Notices given by the Company to you will be given by e-mail, or by a general posting on www.outofpocket.health, or by conventional mail. In any matter requiring Company's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of the Company. Notices given by you to the Company shall be sent to firstname.lastname@example.org or by conventional mail addressed to the Out Of Pocket Health, LLC, 122 South 2nd Street #1, Brooklyn, NY 11249
14. MODIFICATION AND WAIVER
Except as herein provided, no waiver, modification or amendment of any provision of these Terms and Conditions shall be effective against the Company unless the same is in writing and signed by an authorized official of the Company. The Company may modify these terms and conditions at any time upon written notice or posting to the Site. You agree that if you access and or use the Site after notification of changes in these Terms and Conditions, you will be bound by all such changes.
The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time on notice to you. If a revision is material the Company will provide at least 20 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the Company's sole discretion. By continuing to access or use the Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
16. CONTACT INFORMATION
If you have any questions or concerns with respect to these Terms of Service or our Site and Services, please contact us at email@example.com or by conventional mail to 122 South 2nd Street #1, Brooklyn, NY 11249.
BY CONTINUING TO USE THE OUTOFPOCKET.HEALTH WEB SITE YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS.