Last updated on February 10, 2020
THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
We do not provide any healthcare services, nor do We refer or recommend any specific medical provider or personnel. Nothing on this Website or in any of Our other interactions with You or in Your use of any of the Services should be construed as creating or establishing or promoting a physician-patient relationship between Us and You or You and any other third party.
The Materials on this Website are for informational purposes only. The Materials are not intended to be a substitute for professional medical advice, diagnosis, or treatment. We do not guarantee the accuracy, completeness, usefulness or adequacy of any resources, information, product, or process available at or from this Website. This Website is not designed for the delivery of time sensitive or life critical medical or health-related communications.
IF YOU OR SOMEONE YOU KNOW IS EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. Never disregard professional medical advice or delay in seeking it because of something communicated to You on this Website, or in any other fashion.
We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue this Website at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Because Everyone benefits from clarity, We promise to inform You of any modifications to these Terms by posting them on this Website and, if You have registered with Us, by describing the modifications to these Terms in an email that We will send to the address that You provided during registration. To be sure We properly reach Your email inbox, We just ask that You let Us know if Your preferred email address changes at any time after Your registration by updating Your profile information.
If You object to any such modifications, Your sole recourse shall be to cease using this Website. Continued use of this Website following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
We invite You to use this Website for individual, consumer purposes ("Permitted Purposes").
In these Terms We are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in this Website or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner. If You make copies of any of this Website while engaging in Permitted Purposes then We ask that You be sure to retain on such copies all of Our copyright and other proprietary notices as they appear on this Website.
Unfortunately, if You breach any of these Terms, the above license will terminate and You may be asked to immediately destroy any downloaded or printed Materials (and any copies thereof). Further, if Your use of the Services is prohibited by applicable laws, then You aren’t authorized to use the Services. We can’t and won’t be responsible for Your using the Services in a way that breaks the law.
We make available mobile applications to access this Website via a mobile device (the “Mobile Application”). To use the Mobile Application, You must have a mobile device that is compatible with the Mobile Application. We do not warrant that the Mobile Application will be compatible with Your mobile device. We hereby grant to You a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that We may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and We and Our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to Your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Apple iOS-powered mobile device (an “iOS App”):
The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Android-powered mobile device (an “Android App”):
You need not register with Us to simply visit and view this Website. However, in order to access certain password-restricted areas of this Website and to use certain Services and Materials offered on and through this Website (a “Membership”), You must become a “Member.” To become a Member, you must apply for insurance coverage by submitting all required information on the account registration page on this Website. If you wish to become a Member without applying online, You can contact us at the toll-free number, 1-877-653-6440. While applying for insurance coverage, You may also have the ability to provide additional optional information that is not required to apply for insurance but may be helpful to Us in providing You with a more customized experience when using this Website or the Services. Once You have submitted Your application for insurance, Our affiliate, Sidecar Health Insurance Solutions, LLC, will process Your application. If Your application is approved, You will be sent an e-mail that contains a link to set up Your password that will allow You to log-on to the Website.
Each Membership and the rights and privileges provided to a Member is personal and non-transferable. You are responsible for maintaining the confidentiality of Your password, and You are responsible for all activities that occur using Your passwords. You agree not to share Your password, let others access or use Your password or do anything else that might jeopardize the security of Your password. You agree to notify Us if Your password is lost or stolen, if You are aware of any unauthorized use of Your password, or if You know of any other breach of security in relation to this Website. All the information that You provide when applying for insurance coverage must be accurate, complete and up to date. Once Your Membership is set up, You may change, correct or remove any information from Your account profile by either logging into Your account directly and making the desired changes or contacting Us using the contact information at the end of these Terms requesting that we make the change.
Your Membership will continue for the term of the insurance policy issued to You.
Please refer to Your policy for details on the terms, conditions, limitations and exclusions of Your insurance policy.
If You have created an account to use the Services and become a Member, then subject to Your compliance with these Terms, We hereby grant You a limited, revocable, non-transferable non-exclusive, non-sublicensable license to access such Service and to display the Materials accessible therein, solely for Your own personal use.
Services or some features of Services may be unavailable at certain times, including during any unanticipated or unscheduled downtime or as a result of system failures or force majeure events. If You have a current account to use a particular Service, we will use commercially reasonable efforts to provide You with information regarding any interruptions involving that Service.
We may temporarily or permanently suspend Your access to any portion or all of the Services if We reasonably determine that: (a) there is a threat or attack targeting Services (including a denial of service attack) or other event that may create a risk to the Services or users of the Services; (b) Your use of the Services disrupts or poses a security risk to the Services or any other user of the Services, may harm Our systems, or may subject Us or any third party to liability; (c) You are using the Services for fraudulent or illegal activities; or (d) You are using the Services in breach of this Agreement (collectively, "Service Suspensions"). If You are an affected user, We will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to You. We will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that You may incur as a result of any Service Suspension.
As a Member to the Services, You may be issued a Sidecar Health payment card to use for Your medical purchases. Your use of the Sidecar Health payment card will be conditioned on the terms and conditions set forth in Your policy, these Terms, as well as by any terms and conditions entered into between You and the Sidecar Health payment card issuing bank and processor.
By using this Website and/or any of the Services provided on or through this Website, You consent to receiving electronic communications from Us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to this Website and/or the Services. These electronic communications are part of Your relationship with Us. You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.
The Website may contain message boards, chat rooms, customer testimonials and review areas (e.g., review of doctors and other service providers), and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit (hereinafter, “post”) to Us and/or other users or other persons content or materials (collectively, “User Submissions”) on or through the Website.
By posting any User Submission, You grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to use, copy distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display Your User Submissions (or any modifications thereto), in whole or in part, in any format or medium now known or later developed. ANY USER SUBMISSION YOU POST WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY. We do not guarantee that You will be able to later edit or delete any User Submission.
You acknowledge that We may or may not choose to provide attribution of Your UGC in Our sole discretion, and we may or may not choose to fully or partially de-identify Your UGC and/or disassociate Your UGC with You and/or any with other person in Our sole discretion.
With respect to Your User Submission, You represent and warrant that:
You are responsible for Your User Submissions. You, not Us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Submissions posted by You or any other user of the Website. You hereby release, discharge and agree to hold US harmless from any liability arising out of Our use of Your User Submission.
We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. However, we have the right to:
Without limiting the foregoing, We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY US OR LAW ENFORCEMENT AUTHORITIES.
“User Generated Content” or “UGC” means any and all information and content, in any form, that is created by an individual and posted by that individual on one or more platforms (other than Our Website), including but not limited to content posted by an individual on social media platforms, messaging platforms, blog posts, consumer review sites, etc. “UGC” also means your username, profile information, real name, image, likeness, descriptions of you, location or other information that may be contained in or associated with the UGC described above. UGC may be in any format, tangible, electronic or otherwise, and includes any text, audio, graphics, photographs, video, location information or any other information included in the user’s post.
We may request Your permission to republish and/or use Your UGC for Our own commercial purposes.
Any UGC created by you remains your property, however, if you respond to Our request and grant Us permission to use Your UGC, You grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to use, copy, distribute, reproduce, modify, adapt, publish, translate, publicly perform, publicly display, prepare derivative works, and otherwise exploit in any manner Your UGC (or any modifications thereto), in whole or in part, in all formats, media, and distribution methods and channels now known or hereafter existing, known or developed, without further notice to or consent from You, and without the requirement of payment to You or any other person or entity. As part of this license, you are granting Us the right to use your username, profile information, real name, image, likeness, descriptions of you, location or other information that may be contained in or associated with your UGC. ANY AND ALL INFORMATION CONTAINED IN ANY LISENCED UGC IS CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY.
You acknowledge that We may or may not choose to provide attribution of Your UGC in Our sole discretion, and we may or may not choose to fully or partially de-identify Your UGC and/or disassociate Your UGC with You and/or any with other person in Our sole discretion.
By granting permission to use Your UGC You represent and warrant that:
You hereby release, discharge and agree to hold Us harmless from any liability related in any way to Our use of Your UGC.
These content standards apply to all User Submissions, use of the Interactive Services, and/or any User Generated Content (or UGC). User Submissions and UGC must in their entirety comply with all applicable federal, state, local, and international laws and regulations.
Without limiting the foregoing, You represent and warrant that the Your User Submissions and/or UGC that You have licensed to Us do NOT:
To be clear, We authorize Your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because as between You and Us, all rights in this Website remain Our property.
Unauthorized use of this Website may result in violation of various United States and international copyright laws. Because We prefer keeping this relationship drama-free, We want to give You examples of things to avoid. So, unless You have written permission from Us stating otherwise, You are not authorized to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):
You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that We may be obligated to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.
“Sidecar Health” and the Sidecar design are trademarks that belongs to Us. Other trademarks, names and logos on this Website are the property of their respective owners.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Website are Our sole property, Copyright © 2018. 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 license.
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to this Website (or any portion thereof) to any user who uses this Website in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the this Website in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of this Website, please provide written notice to Our Agent for notice of claims of infringement:
Sidecar Health, Inc.
Attn: Legal Affairs, Copyright Agent
2381 Rosecrans Avenue, Suite 400
El Segundo, CA 90274
To be sure the matter is handled immediately, Your written notice must:
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information:
We reserve the right, in Our sole discretion, to terminate the account or access of any user of this Website or Service who is the subject of repeated DMCA or other infringement notifications.
THIS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU. JUST TO BE CLEAR, WHENEVER WE USE THE TERM “WEBSITE” IN THIS SECTION, THE LIMITATION OF LIABILITY SECTION BELOW OR ANY OTHER SECTION OF THE TERMS, WE MEAN ALL THE MATERIALS ON THE WEBSITE, THE MOBILE APPLICATION AND THE MATERIALS ON THE MOBILE APPLICATION AND ANY SERVICES THAT WE PROVIDE FROM THE WEBSITE AND ANY SERVICES THAT WE PROVIDE THROUGH OR WITH THE USE OF THE MOBILE APPLICATION.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THIS WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that this Website will meet Your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by You through this Website or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. OUR TOTAL AND AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE IS LIMITED TO THE LESSER OF THE TOTAL AMOUNTS YOU HAVE PAID TO US AS A MEMBER DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR $100.00.
We control and operate this Website from Our headquarters in the United States of America and the entirety of this Website may not be appropriate or available for use in other locations. If You use this Website outside the United States of America, You are solely responsible for following applicable local laws.
Any submissions by You to Us regarding Your use of the Website (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, You hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. Notwithstanding the foregoing, You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
This dispute resolution provision (the “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, partners, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.
This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of Your right to litigate claims and a waiver of all opportunity to be heard by a judge or jury. We prefer this because We believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by emailing to Us at email@example.com the following information: (1)Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, than You may pursue Your Dispute in arbitration. You may pursue Your dispute in a court only under the circumstances described below.
Notwithstanding the above, You or We may choose to pursue a Dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing Us at firstname.lastname@example.org the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve disputes with Us through arbitration. We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us. But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.adr.org www.jamsadr.com, will arbitrate all disputes in English, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available atwww.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.
Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
You or We may initiate arbitration in either California or the federal judicial district that includes Your billing address.
So long as You place a request in writing prior to commencement of the arbitration, We will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon Your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both You and We specifically agree to do so in writing following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You.Neither You, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by accepting this Provision in these Terms, You and We are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of this Website. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the present language in this Provision if a dispute between Us arises.
The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.
We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You. We will even provide You with recommended necessary corrective action(s) because We value this relationship.
However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to this Website without prior notice to You. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will be heard in the courts located in Los Angeles County, California. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about this Website. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Service are provided by Sidecar Health, Inc., 2381 Rosecrans Avenue, Suite 400, El Segundo, CA 90245. If You have a question or complaint regarding this Website or Service, please contact Our Member Care Department at email@example.com with a copy to our Legal Affairs Department at firstname.lastname@example.org. You may also contact Us by writing Sidecar Health, 2381 Rosecrans Avenue, Suite 400, El Segundo, CA 90245. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us by mail at Legal Affairs, 2381 Rosecrans Ave, Suite 400, El Segundo, CA 90245 or by email at email@example.com.
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