THIS SERVICE IS ONLY CONTEMPLATED FOR SPECIFIC NON-EMERGENT MEDICAL CONDITIONS OR CONCERNS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES, OUR WEBSITE, OR OUR MOBILE APPLICATION.
1. Introduction
These terms of use (the “Terms”) describe your rights and responsibilities with regard to the Bridgeside Telehealth website and mobile application (the “Platform”) owned and operated by Bridgeside Telehealth LLC. In these Terms, “we”, “our”, “us”, and “Bridgeside Telehealth” collectively refer to Bridgeside Telehealth LLC. The terms “you” and “yours” refer to the person using the Platform. Use of the Platform is governed by these Terms and our Privacy Policy. By accessing or using the Platform, you acknowledge that you have read, understood and agreed to be legally bound by and comply with these Terms and our Privacy Policy.
Even though you may have arrived to the Platform through a website or mobile application operated or controlled by a third party, including by an affiliate of Bridgeside Telehealth, you understand and agree that these Terms are entered into between you and Bridgeside Telehealth.
You agree that when you use or enter the Platform, you affirmatively consent to conduct business electronically with Bridgeside Telehealth and engage in health-oriented activities with health professionals and professional entities affiliated with Bridgeside Telehealth, and such processes have the same force and effect as your written signature. You agree and consent to Bridgeside Telehealth, Bridgeside Telehealth affiliates or certain affiliated professional entities sending you disclosures, messages, notices, and other communications to your designated mobile phone and email account. If you do not agree with any of these Terms or our Privacy Policy, you may not use the Platform.
2. Modification of the Terms
We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should check the Terms from time to time when you use the Platform to determine if any changes have been made. If you use the Platform after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Platform.
3. Description of Bridgeside Telehealth
You understand and agree that the Platform is intended to facilitate the following services (the “Services”): (a) the development and gathering of health care records and information with retention of the same for use in medical provider encounters and communications; (b) administrative support in connection with scheduling and payment for Health Care Services; (c) administrative support in connection with coordinating optional fulfilment and payment for diagnostic testing and prescription medications ordered or prescribed by medical providers performing Health Care Services; and (d) telecommunications and technology support for using the Platform as a means of direct access to medical providers provided by affiliated professional entities for communication, consultations, assessments, and treatment by such medical providers.
You understand that the Platform gathers unique information from you to enable an affiliated medical provider through the Health Care Services to determine whether a prescription or a diagnostic test is indicated and appropriate for you, including applicable health information (such as your past and present health conditions, medications, and blood pressure), diagnostic tests, as applicable, and personal information (such as your name, location and demographic information) (collectively, “Your Information”). You further understand and agree that after reviewing Your Information, the medical provider, in his or her independent professional judgment, will determine whether to prescribe you medication, other treatment, or, alternatively, recommend that you consult with alternative clinical resources (the “Health Care Services”).
You give us consent to send and disclose to the affiliated professional entities and their medical providers all Your Information so that you may receive Health Care Services. Further, you consent to our delivery of Your Information to Bridgeside Telehealth affiliated and unaffiliated pharmacies, laboratories, and other diagnostic testing companies as part of coordinating desired fulfilment and payment for diagnostic testing, prescription medications, and medical devices recommended as part of the Health Care Services.
All medical providers who deliver Health Care Services through the Platform are: (i) independent professionals contracted or employed with affiliated professional entities that coordinate with Bridgeside Telehealth, and (ii) solely responsible for such Health Care Services provided to you. Bridgeside Telehealth does not provide any Health Care Services through the Platform and is not licensed to practice medicine. Bridgeside Telehealth does not control or interfere with the provision of Health Care Services by the medical providers and affiliated professional entities, each of whom is independent and solely responsible for the Health Care Services provided to you. Therefore, you understand and agree that Bridgeside Telehealth is not responsible for Health Care Services, or your use of any Health Care Services, provided by a medical provider or affiliated professional entity, including any personal injury or property damage.
4. Eligibility
In order to use the Services through the Platform, the following must be true:
You are at least 18 years of age or older.
You live in the United States and in a state or territory where the Services are available.
You agree to be legally bound by and comply with these Terms of Use.
You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Platform. Fees and charges may apply to your use of the mobile services and to the Internet.
You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through the Platform. In addition to the above requirements, Bridgeside Telehealth and its affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you. Further, medical providers and affiliated professional entities delivering the Health Care Services may on a case by case basis determine that certain criteria apply to utilizing the Platform for the Health Care Services or that Health Care Services are not appropriate in any individual instance for a particular user. You can obtain more information on the criteria for the Health Care Services.
Although certain parts of the Platform are accessible by any individual, you are obligated to register with Bridgeside Telehealth in order to access the Services. The Services are available only to users who have registered with Bridgeside Telehealth and to other persons affiliated with Bridgeside Telehealth who have been granted accounts with usernames and passwords. The Platform may not be accessible at any time, for any period, or for any reason, and Bridgeside Telehealth will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period.
Upon registration of an account, the Platform may contain forms or fields that allow you to enter, submit or transmit to Bridgeside Telehealth user information or data (“User Data”) on or through the Platform. You understand and agree that any User Data provided by you on or through the Platform may be used, copied or displayed by Bridgeside Telehealth, Bridgeside Telehealth may create derivative works of any such data, and Bridgeside Telehealth may provide such data to our service providers, our successors and assigns, and medical providers and their affiliated professional entities, in performance of the Services.
You grant Bridgeside Telehealth, our service providers, our successors and assigns, and medical providers and their affiliated professional entities, the fully transferable and sublicenseable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any User Data you submit on or through the Platform for the purposes of providing the Services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of Bridgeside Telehealth using such data.
5. Registration, User Accounts, and User Data
Although certain parts of the Platform are accessible by any individual, you are obligated to register with Bridgeside Telehealth in order to access the Services. The Services are available only to users who have registered with Bridgeside Telehealth and to other persons affiliated with Bridgeside Telehealth who have been granted accounts with usernames and passwords. The Platform may not be accessible at any time, for any period, or for any reason, and Bridgeside Telehealth will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period.
Upon registration of an account, the Platform may contain forms or fields that allow you to enter, submit or transmit to Bridgeside Telehealth user information or data (“User Data”) on or through the Platform. You understand and agree that any User Data provided by you on or through the Platform may be used, copied or displayed by Bridgeside Telehealth, Bridgeside Telehealth may create derivative works of any such data, and Bridgeside Telehealth may provide such data to our service providers, our successors and assigns, and medical providers and their affiliated professional entities, in performance of the Services.
You grant Bridgeside Telehealth, our service providers, our successors and assigns, and medical providers and their affiliated professional entities, the fully transferable and sublicenseable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any User Data you submit on or through the Platform for the purposes of providing the Services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of Bridgeside Telehealth using such data.
6. Your Responsibilities and Acknowledgement
As a condition of your use of the Services through the Platform, you agree to the following:
All Your Information provided through the Platform is accurate, complete and correct, and you will accurately maintain and update any of Your Information that you have provided to Bridgeside Telehealth.
You agree, that a missed appointment without cancellation with 4 hours results in a non refundable charge for that appointment.
You agree to pay a 25.00 fee after the first request for a pharmacy transfer
You agree to immediately notify Bridgeside Telehealth of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing Bridgeside Telehealth at support@Bridgeside Telehealth.co
You may be asked to provide additional information to Bridgeside Telehealth, its affiliated professional entities, or applicable medical provider(s) for the purpose of providing Health Care Services or fulfilling a prescription. You may elect to withhold requested information; however, if you do so, you may not use the Platform or any other related services.
You understand and agree that provision of Health Care Services through the Platform depends on the completeness and accuracy of Your Information. Bridgeside Telehealth is unable to verify all of Your Information. Therefore, Bridgeside Telehealth is not responsible for any consequences if Your Information is inaccurate or incomplete. If Your Information is inaccurate, incomplete, or not maintained, or Bridgeside Telehealth has reasonable grounds to suspect as much, Bridgeside Telehealth has the right to suspend or terminate your account and your use of the Services. In addition, Bridgeside Telehealth may take any and all actions it deems necessary or reasonable to maintain the security of the Platform, Services and your Secure User account.
Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Platform or any content made available to you on or through our Platform;
Use any manual process or automated device to monitor or copy any content made available on or through our Platform for any unauthorized purpose except as permitted in Section XIV;
Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Bridgeside Telehealth or third-party content from the Platform; or
Encourage or enable any other individual to do any of the foregoing.
- Disclaimer; Limited Health Care Services
The Platform is structured for use specific to certain health care services and is not, and should not, be considered, or used as comprehensive medical advice, care, diagnosis or treatment.
Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding general personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug or medication.
7. Telehealth Consent
Telehealth involves the delivery of health and wellness services using electronic communications, information technology, or other means between a licensed, certified, or registered healthcare professional at one location and a patient in another location about a clinical matter. Please review the full “Telehealth Informed Consent,” which informs you about the treatment methods, risks, and limitations of utilizing telehealth to meet your health and wellness needs. In order to receive Health Care Services, you will be required to agree to the Telehealth Informed Consent regarding the use of telehealth.
8. Payment
When you submit Your Information for Health Care Services, you agree to pay all fees due. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. If you receive a medical consultation, medical consult fees are not subject to or eligible for a refund. We cannot accept returns of prescription products for reuse or resale, and all sales are final. However, if you believe we have made an error in the filling of your prescription, please message us through your Bridgeside Telehealth account.
You understand and agree that you are responsible for all fees due to receive the Services, including any fees charged by medical providers and affiliated medical professional entities, and any applicable co-insurance or co-pay amounts.
You understand that Bridgeside Telehealth’s affiliated medical professional entities are not contracted health care providers with any health insurance plans (commercial, government, or otherwise) (i.e., Bridgeside Telehealth is an “out-of-network” provider), and therefore, you understand and agree that you are exclusively and solely responsible for paying all fees due to receive the Health Care Services provided to you, including any fees charged by the Bridgeside Telehealth medical providers and affiliated medical professional entities. A super bill will be provided to you upon request, if you wish to submit a claim for the Health Care Services provided to you to your health insurance plan to request out-of-network reimbursement. You are exclusively and solely responsible for filing any reimbursement claims with your health insurance plan. Amounts collected by Bridgeside Telehealth will include fees charged by medical providers for Health Care Services. In the event that your credit card expires or Bridgeside Telehealth, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Bridgeside Telehealth and/or the medical provider(s) have no obligation to provide any Health Care Services unless and until full payment has been received and/or verified.
You also understand and agree that, because Bridgeside Telehealth’s medical providers are not contracted with any health insurance plan to provide the Health Care Services, including federal or state government health care programs, like Medicaid and Medicare, any prescription medication or laboratory service ordered by a Bridgeside Telehealth medical provider may also not be covered. It is your responsibility to determine whether your health insurance plan will cover your prescription medication and/or laboratory testing services, as applicable. For ease of reference, see here for information concerning insurance that our lab partner may accept.
Bridgeside Telehealth itself does not accept private insurance, government insurance, including Medicaid or Medicare, for its Services. Again, if you would like to use our services as an out-of-network provider, you will need to pay cash for those services. We can provide you a receipt, so you can seek out-of-network reimbursement.
9. Privacy
Bridgeside Telehealth understands the importance of confidentiality and privacy regarding Your Information. Please see our Privacy Policy for a description of how we may collect, use and disclose Your Information in connection with the Platform.
- Intellectual Property
As between Bridgeside Telehealth and you, Bridgeside Telehealth is the sole and exclusive owner of all right, title and interest in and to the Platform and its content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Platform shall be owned solely and exclusively by Bridgeside Telehealth or its licensors, including all intellectual property rights therein. You have permission to use the Platform solely for your personal and non-commercial use on the condition that you comply with these Terms. No other right, title or interest in or to the Platform is transferred to you, and all rights not expressly granted are reserved by us or our affiliates.
Certain names, logos, and other materials displayed in and through the Platform may constitute trademarks, trade names, services marks or logos (“Trademarks”) of Bridgeside Telehealth or its affiliates. You are not authorized to use any such Trademarks without the express written permission of Bridgeside Telehealth or its affiliates. Ownership of all such Trademarks and the goodwill associated therewith remains with us or our affiliates.
10. Links to Third-Party Hyperlinks and Websites
The Platform may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control; therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
You may have arrived to the Platform through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of Bridgeside Telehealth. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms will apply to your use of or access to the Platform.
11. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM AND THE SERVICES ARE PROVIDED THROUGH THE PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. BRIDGESIDE TELEHEALTH AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM AND THE SERVICES, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE PLATFORM OR THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER BRIDGESIDE TELEHEALTH NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE PLATFORM. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE PLATFORM. FURTHERMORE, BRIDGESIDE TELEHEALTH DOES NOT GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND BRIDGESIDE TELEHEALTH DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE PLATFORM ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, NEITHER BRIDGESIDE TELEHEALTH NOR ITS RELATED PERSONS OR LICENSORS WILL BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE PLATFORM OR ANY SERVICES PROVIDED THROUGH THE PLATFORM. THIS IS TRUE EVEN IF BRIDGESIDE TELEHEALTH OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO THIS SECTION, THE TOTAL LIABILITY OF BRIDGESIDE TELEHEALTH AND ITS RELATED PERSONS FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
13. Indemnification
You agree to indemnify, defend, and hold Bridgeside Telehealth and any of its Related Persons, licensors, and suppliers harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to: (i) any breach by you of these Terms, (ii) your use of material or features available on the Platform in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.
- Modifications to the Platform
Bridgeside Telehealth reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Platform, or any portion thereof, with or without notice. You agree that Bridgeside Telehealth shall not be liable to you and to any third party for any modification, suspension, or discontinuance of the Platform.
14. Suspension and Termination Rights
The Terms will remain in full force and effect as long as you continue to access or use the Platform. You may terminate the Terms at any time by discontinuing use of the Platform. Your permission to use the Platform automatically terminates if you violate these Terms.
We may terminate or suspend any of the rights granted by these Terms and your access to our Platform with or without prior notice, at any time, and for any reason. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Class Action Waiver; and Miscellaneous.
Subject to applicable law, Bridgeside Telehealth reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Platform pursuant to its internal record retention and/or content destruction policies. After any termination, Bridgeside Telehealth will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or required to provide you with continuing care under our applicable legal, ethical and professional obligations to you.
15. Governing Law; Dispute Resolution; Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND BRIDGESIDE TELEHEALTH TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BRIDGESIDE TELEHEALTH.
Governing Law. The Platform is controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. These Terms will be governed by the laws of the State of Texas without regard to conflicts of law principles.
Arbitration Agreement. You and Bridgeside Telehealth agree that all claims and disputes relating in any way to your use of our Platform, or arising out of or in connection with these Terms, shall be resolved by binding arbitration, to the fullest extent permitted by applicable law, on an individual basis, except for disputes which can be resolved in small claims court, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time you first agree to these Terms. You also agree that any arbitration will take place in Dallas, Texas.
Waiver of Jury Trial. IN THE EVENT ARBITRATION IS CONTRARY TO APPLICABLE LAW, YOU AND BRIDGESIDE TELEHEALTH WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Bridgeside Telehealth are instead electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
No Class Arbitrations, Class Actions, or Representative Actions. YOU AND BRIDGESIDE TELEHEALTH AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND BRIDGESIDE TELEHEALTH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER BRIDGESIDE TELEHEALTH USERS.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and Bridgeside Telehealth will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. The AAA Rules and filing forms are available at www.adr.org.
16. Miscellaneous
The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.