Welcome, and thank you for your interest in CrowdHealth, Inc. (“CrowdHealth,” “we,” or “us”) and our website at www.joincrowdhealth.com, along with our related websites, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and CrowdHealth regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
By accessing, browsing or otherwise using the Services, by creating an account with us or by clicking “Agree” when prompted to do so on the Site or our Mobile App, you agree that you have read, understood and accepted all of the Terms, our Privacy Policy (the “Privacy Policy”) and our Member Guide (the “Member Guide”), which is incorporated by reference into the Terms.
We may change, amend, or revise the Terms from time to time and at any time, in our sole discretion.
When we make changes, we will make the updated Terms available on the Site and update the “Last Updated” date at the beginning of the Terms accordingly. Please check the Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of our Services after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, then you should not continue to access or use our Services.
NOTICE: Please read the Terms, the Privacy Policy and the Member Guide carefully as they govern your use of the Services. The Terms contain important information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved. The Services are only available to you—and you should only access the Services—if you agree completely with the Terms
ARBITRATION NOTICE
Except for certain kinds of disputes described in Section 15, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND CROWDHEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 15.)
1. CROWDHEALTH SERVICE OVERVIEW
Membership-based alternative to health insurance. The terms governing your Membership and its associated benefits will be covered by our Member Guide, which is subject to and incorporates these Terms. In the event of any conflict between these Terms and the Member Guide, these Terms will control.
2. ELIGIBILITY
You must be at least 18 years old to be a Primary Member of CrowdHealth. By agreeing to these Terms, you represent and warrant to us that: (1) you are at least 18 years old; (2) you have not previously been suspended or removed as a Member; and (3) your registration and your Membership is in compliance with any and all applicable laws and regulations.
3. ACCOUNTS AND REGISTRATION
You must create a Membership Account and a Crowdfunding Bank Account to become a Member of CrowdHealth.
3.1 MEMBERSHIP ACCOUNTS
When you register for a Membership Account, you may be required to provide us with some information about yourself, such as your name, email address, phone number, and some personal information about your health (as further described in our Privacy Policy). You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at hey@crowdhealth.support.
3.2 CROWDFUNDING BANK ACCOUNT
Every Primary Member is required to have a CrowdHealth Crowdfunding Bank Account. This account is an FDIC insured account with Regent Bank of Tulsa, Oklahoma. For your protection, federal regulations require the Bank to use your Social Security number to verify your identity. This data is encrypted and used by the bank only. Your credit will not be checked.
3.3 PURPOSE OF CROWDFUNDING BANK ACCOUNT
This Account will be used to receive crowdfunded monies from CrowdHealth members. Using CrowdHealth payment tools, Members will be able to use crowdfunded monies deposited to their Crowdfunding Bank Accounts to pay for crowdfunded health care expenses.
3.4 ACCOUNT CLOSURE
Crowdfunding Bank Accounts will be closed upon Membership Account termination, per sections 5.3, 5.4, 11.2 & 11.5.
4. IDENTITY VERIFICATION
You hereby authorize us, through third parties, to validate information about you and your Account. This may include asking you for further information and/or documentation about your identity, requiring you to take steps to confirm ownership of your email address, mobile phone number or bank account(s), or verifying your information against third party databases or through other sources.
5. GENERAL PAYMENT TERMS
Upon becoming a Member, you will be required to make monthly Membership Subscription Fee payments. Before you make your initial Membership Subscription Fee payment, you will have an opportunity to review and accept the amounts that you will be charged. All amounts are in U.S. Dollars and are non-refundable unless otherwise specifically provided for herein.
5.1 Price
CrowdHealth reserves the right to determine required monthly Membership Subscription Fee payments. CrowdHealth will give you advance notice of changes to your monthly Membership Subscription Fee payments before they are applied. CrowdHealth, at its sole discretion, may make promotional offers with different features and different pricing to any of CrowdHealth’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
5.2 Authorization
You authorize CrowdHealth to charge all sums for your Membership Subscription Fee payments and CrowdFunding contributions as described in these Terms or published by CrowdHealth, including all applicable taxes and processing fees, to the payment method specified in your Crowdfunding Bank Account.
5.3 Membership Subscription Service
The Service may include certain Membership subscription-based plans with automatically recurring payments for periodic charges (“Member Subscription Service”). The “Member Subscription Billing Date” is the date you join CrowdHealth. The Member Subscription Service will begin on the Member Subscription Billing Date and continue for the subscription period that you select on your Membership Account (such period, the “Initial Member Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Member Subscription Period (the Initial Subscription Period and each such renewal period, each a “Member Subscription Period”) unless you cancel the Member Subscription Service or we terminate it. Upon joining CrowdHealth, you have initiated your Member Subscription Service authorizing CrowdHealth or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the “Member Subscription Fee,” please see our Member Guide. Your account will be charged automatically on the Member Subscription Billing Date and thereafter on the renewal date of your Member Subscription Service for all applicable fees and taxes for the next Member Subscription Period. You must cancel your Member Subscription Service before it renews in order to avoid billing of the next periodic Member Subscription Fee to your account. CrowdHealth or its third-party payment processor will bill the periodic Member Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Member Subscription Service via online Member Portal, the CrowdHealth mobile app, by contacting your Care Advocate or contacting us at hey@crowdhealth.support. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT MEMBER SUBSCRIPTION PERIOD.
5.4 Delinquent Accounts
CrowdHealth may suspend or terminate your Membership Subscription, including fee-based portions of the Membership, for any account for which any amount is due but unpaid. In addition to the amount due for the Membership Subscription, a delinquent account may be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Membership Subscription Fee is due, then CrowdHealth reserves the right to terminate your Membership Subscription without any liability to you.
6. LICENSES
6.1 License Restrictions
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including, but not limited to, any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
6.2 Feedback
We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant CrowdHealth an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
7. OWNERSHIP; PROPRIETARY RIGHTS
The Service is owned and operated by CrowdHealth. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by CrowdHealth (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of CrowdHealth or its third-party licensors. Except as expressly authorized by CrowdHealth, you may not make use of the Materials. There are no implied licenses in these Terms and CrowdHealth reserves all rights to the Materials not granted expressly in these Terms.
8. THIRD-PARTY TERMS
8.1 Third-Party Services and Linked Websites
CrowdHealth may provide tools through the Service that enable you to export information to third-party services, including through features that allow you to link your account on the Service with an account on the third-party service, such as Twitter or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you hereby authorize that CrowdHealth to transfer that information to the applicable third-party service. Third-party services are not under CrowdHealth’s control, and, to the fullest extent permitted by law, CrowdHealth is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under CrowdHealth’s control, and CrowdHealth is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any information with such third-party services. Once sharing occurs, CrowdHealth will have no control over the information that has been shared.
8.2 Third-Party Software
The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
9. COMMUNICATIONS
9.1
A condition of your Membership requires you to agree to receive emails, texts (SMS), and push notifications via your app in regards to your Membership status and/or your Membership benefits. CrowdHealth Members may not opt-out of receiving emails and texts (SMS) as they are the primary method of interaction with Members.
9.2 Emails
We will use the email address you provide as the primary method for communication concerning your Membership and to provide you with any necessary technical support. You must keep your email address and other contact information current in your Account profile.
9.3 Texts (SMS)
By providing us with a mobile phone number, you consent to receiving text (SMS) messages from us. Standard text messaging rates may apply based on your plan with your mobile carrier.
9.4 Push Notifications
When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page. PLEASE NOTE: Disabling your ability to receive in app push notifications will limit our ability to deliver important and time sensitive messages to you.
10. PROHIBITED CONDUCT.
BY BECOMING A MEMBER, YOU AGREE NOT TO:
10.1
use the Service for any illegal purpose or in violation of any local, state, national, or international law;
10.2
harass, threaten, demean, embarrass, bully, or otherwise harm any other Member of CrowdHealth;
10.3
violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
10.4
interfere with security-related features of your Membership, including by: (a) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
10.5
interfere with the operation of the Service or any Member’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another member; (c) collecting personal information about another member or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
10.6
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identify, accessing any other Member accounts without permission, submitting fraudulent medical bills or documentation, or falsifying your age or date of birth;
10.7
sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7) or any right or ability to view, access, or use any Materials; or
10.8
attempt to do any of the acts described in this Section 10 or assist or permit any person in engaging in any of the acts described in this Section 10.
10.9
not to provide goods or services in exchange for approval of crowdfunding requests
11. TERM, TERMINATION, AND MODIFICATION OF THE SERVICE
11.1 Term
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 4.
11.2 Termination
Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, CrowdHealth may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time, with or without notice, and without any liability to you arising from such termination. You may terminate your Membership Subscription and these Terms at any time via your online member portal account, CrowdHealth mobile app or emailing us at hey@crowdhealth.support.
11.3 Suspension
Your Membership Subscription may be suspended for failure to pay your monthly Membership Subscription Fee. Suspension of your Membership Subscription may occur with or without notice. You will receive notifications from us and/or our third-party payment processor of your failed payment(s) via email. You will have the opportunity to have your suspension lifted with a prompt payment.
11.4 Effect of Suspension
Effect of Suspension. Members with suspended Membership Subscriptions are not considered as Members in Good Standing. Only Members in Good Standing can submit health events for crowdfunding. CrowdHealth reserves the right to fully or partially suspend access to other Member Benefits to Members with suspended Membership Subscriptions.
11.5 Effect of Termination
Upon termination of your Membership and these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) your account access will be terminated; (c) you must pay CrowdHealth any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.2, 7, 11.5, 12, 13, 14, 16, and 17 will survive. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address, or other forms of account verification.
11.6 Modification of the Service
CrowdHealth reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. CrowdHealth will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service.
12. INDEMNITY
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify CrowdHealth, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “CrowdHealth Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
13. DISCLAIMERS; NO WARRANTIES BY CROWDHEALTH
13.1
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. CROWDHEALTH DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. CROWDHEALTH DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND CROWDHEALTH DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
13.2
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR CROWDHEALTH ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE CROWDHEALTH ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA.
13.3
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 13 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. CrowdHealth does not disclaim any warranty or other right that CrowdHealth is prohibited from disclaiming under applicable law.
14. LIMITATION OF LIABILITY
14.1
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CROWDHEALTH ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY CROWDHEALTH ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
14.2
EXCEPT AS PROVIDED IN SECTIONS 15.5 AND 15.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE CROWDHEALTH ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO CROWDHEALTH FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.
14.3
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. DISPUTE RESOLUTION AND ARBITRATION
15.1 Generally
In the interest of resolving disputes between you and CrowdHealth in the most expedient and cost effective manner, and except as described in Section 15.2 and 15.3, you and CrowdHealth agree that every dispute arising in connection with these Terms, the Service, and communications from us will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, the Service, or any communications to or from us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CROWDHEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
15.2 Exceptions
Despite the provisions of Section 15.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
15.3 Opt-Out
If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 15 within 30 days after the date that you agree to these Terms by sending a letter to CrowdHealth, Inc., Attention: Legal Department – Arbitration Opt-Out, 3267 Bee Caves Rd Ste 107-250, Austin, TX 28746 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once CrowdHealth receives your Opt-Out Notice, this Section 15 will be void and any action arising out of these Terms will be resolved as set forth in Section 16.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
15.4 Arbitrator
Any arbitration between you and CrowdHealth will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting CrowdHealth. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
15.5 Notice of Arbitration; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). CrowdHealth’s address for Notice is: CrowdHealth, Inc., 3267 Bee Caves Rd Ste 107-250, Austin, TX 28746. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or CrowdHealth may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or CrowdHealth must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by CrowdHealth in settlement of the dispute prior to the award, CrowdHealth will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000.
15.6 Fees
If you commence arbitration in accordance with these Terms, CrowdHealth will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in the county and state of your residence or billing address, but if the claim is for US$10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence or billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse CrowdHealth for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
15.7 No Class Actions
YOU AND CROWDHEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CrowdHealth agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
15.8 Modifications to this Arbitration Provision
If CrowdHealth makes any future change to this arbitration provision, other than a change to CrowdHealth’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to CrowdHealth’s address for Notice of Arbitration, in which case your account with CrowdHealth will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
15.9 Enforceability
If Section 15.7 or the entirety of this Section 15 is found to be unenforceable, or if CrowdHealth receives an Opt-Out Notice from you, then the entirety of this Section 15 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 16.2 will govern any action arising out of or related to these Terms.
16. MISCELLANEOUS
16.1 General Terms
These Terms, including the Privacy Policy, the Member Guide and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and CrowdHealth regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
16.2 Governing Law
These Terms are governed by the laws of the State of Texas without regard to conflict of law principles. You and CrowdHealth submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Travis County, Texas for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Texas, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
16.3 Privacy Policy
Please read the CrowdHealth Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The CrowdHealth Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
16.4 Additional Terms
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
16.5 Consent to Electronic Communications
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
16.6 Contact Information
The Service is offered by CrowdHealth, Inc., located at 3267 Bee Caves Rd Ste 107-250, Austin, TX 28746. You may contact us by sending correspondence to that address or by emailing us at hey@crowdhealth.support.
16.7 Notice to California Residents
If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
16.8 No Support
We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
16.9
CrowdHealth currently prohibits members from providing goods or services in exchange for crowdfunded donations. As a result, CrowdHealth will not provide tax documentation for funds members receive from their crowdfunded health events. Crowdfunded donations made to members of CrowdHealth are generally considered personal gifts and are not taxed as income in the United States.
16.10 International Use
The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
17. NOTICE REGARDING APPLE
This Section 17 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and CrowdHealth only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
[END TERMS OF SERVICE]
