EFFECTIVE DATE: 2014-10-01
We may collect information about you directly from you and from third parties, as well as automatically through your use of our Site, Application, or Services.
Certain areas and features of our Site, Application, and Services require registration. To register on the Site you must provide your first name, last name, email, and password. To log in to the Application after registering on the Site you must provide your user ID, and password. We also may collect additional optional information from you, including demographic information such as race, age, gender, as well as other information about you including health and treatment information, names and contact information of health care practitioners, and educational information; however, you are not required to provide us with this information.
We may automatically collect the following information about your use of our Site or Services through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit our Site and or use our Services; and the referring URL, or the webpage that led you to our Site, and the following: access time, browser type, device ID, domain name, IP address, page views and referring URL. We also may collect the following information about your use of the Application: mobile device ID; location and language information; device name and model; operating system type, name, and version; your activities within the Application; and the length of time that you are logged into our Application. We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other personal information. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.
We use your information, including your personal information, for the following purposes:
We may share your information, including personal information, as follows:
Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third Party Ad Network section.
Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site, Application, and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Application. There are two types of cookies: session and persistent cookies.
Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.
We may invite you to post content on our Site and Application, including your comments, pictures, and any other information that you would like to be available on our Site. Except for content that you post to your password-protected personal account, if you post content to our Site or Application, all of the information that you post will be available to all registered users on our Site and Application. If you post your own content on our Site or Application, your posting may become public and klaraHealth cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy. All content you post to the Site or the Application will be subject to this Policy and the Terms of Service.
Our Site, Application, and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.
We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site or Application for a period of time.
We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us.
Before we share your personal information with third parties we will ask you to consent to the sharing of information.
Our Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.
If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at email@example.com.
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site, at https://www.klarahealth.com. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site
THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND KLARAHEALTH ("KLARAHEALTH", "WE", or "US"). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: KLARAHEALTH.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO KLARAHEALTH.COM (COLLECTIVELY, THE "SITE"). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO "SITE" INCLUDE THE CONTENT, SERVICES AVAILABLE THROUGH THIS SITE (THE "SERVICES") AND ANY SOFTWARE THAT KLARAHEALTH PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITE FROM A MOBILE DEVICE (A "MOBILE APPLICATION"). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH KLARAHEALTH. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
klaraHealth may make changes to the content and Services offered on the Site at any time. klaraHealth can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site and by emailing or notifying registering users of the Services upon their logging into the Services. By using this Site after klaraHealth has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
klaraHealth provides content through the Site and through the Services that is copyrighted and/or trademarked work of klaraHealth or klaraHealth’s third-party licensors and suppliers or other users of the Site (collectively, the "Materials"). Materials may include logos, graphics, video, images, software and other content. Subject to the terms and conditions of these Terms, and your compliance with these Terms, klaraHealth hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site 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 the Site or Materials in any manner. If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
klaraHealth makes available Mobile Applications to access the Site via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. klaraHealth does not warrant that the Mobile Application will be compatible with your mobile device. klaraHealth hereby grants 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 klaraHealth 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 klaraHealth and its 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 klaraHealth provides 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 klaraHealth provides to you designed for use on an Android-powered mobile device (an "Android App"):
You can simply view the Site and not use any Services on the Site. You need not register with klaraHealth to simply visit and view the Site.
However, in order to access certain password-restricted areas of the Site (such as klaraHealth and to use certain Services and Materials offered on and through the Site, you must register with klaraHealth for an account and receive a password, and if applicable, pay any subscription fees.
If you desire to register for an account with klaraHealth, you must submit the following information through the account registration page on the Site: First name, last name, email and password. Once you have submitted your account registration information, the klaraHealth administrator shall have the right to approve or reject the requested registration, in the klaraHealth administrator’s sole discretion. If your account is approved by a klaraHealth administrator, you will be sent an e-mail that contains a password that will allow you to log-on to the Site using that password (the "klaraHealth Password") for the first time you log into your account on the Site to complete the account registration process.
You are responsible for maintaining the confidentiality of your klaraHealth Password (collectively, "Passwords), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify klaraHealth if any of your Passwords on this Site is lost, stolen, if you are aware of any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to this Site.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. You may change, correct or remove any information from your account by either logging into your account directly and making the desired changes or contacting klaraHealth using the contact information at the end of these Terms requesting that we make the change.
You must have a broadband Internet connection and the following browser and media players, as well as any additional software and hardware necessary in order to obtain and make full use of this Site and the Material: Firefox version 33, Chrome version 38, Safari 8, or Internet Explorer 11. The minimum display resolution when using the Site and viewing the Materials is 1280x1024 for computers. klaraHealth reserves the right to change any of the minimum system requirements at any time. For best viewing of the Site and Materials, the recommended: (i) computer processor speed is 1 gigahertz (GHz) or faster with support for PAE, NX, and SSE2, (ii) RAM is 1 gigabyte (GB) (32-bit) or 2 GB (64-bit), and (iii) Internet connection speed is 512k per second or faster. In addition, the display resolution for computers can be optimized at 1280x1024.
Certain of the Services offered through the Site may be made available on a subscription basis. By registering for an account with klaraHealth for subscription-based Services, you become a "Subscriber" with access to certain password-restricted areas of the Site and to use the subscription-based Services (each a "Subscription"). To purchase a Subscription, you must be at least 18 years of age, a legal resident of the United States, and have the legal capacity to enter into contracts in your own name. Each Subscription and the rights and privileges provided to a Subscriber is personal and non-transferable. All sales and payments of Subscription fees will be in US Dollars.
Subscriptions may be offered on an annual or monthly basis as indicated on the Site. The fee that we will charge you for your Subscription will be the price posted on the Site on the date that you register for the Service. klaraHealth reserves the right to change prices for Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
You may pay for your Subscription fee only with credit and debit card payments (Visa, MasterCard, American Express, and Discover). We will charge your credit or debit card for your first Subscription fee on the date that we process your order for your Subscription (or if you sign-up for a Subscription that includes a free-trial period, we will charge your credit or debit card for your first Subscription fee upon the expiration date of the applicable free-trial period). Once your credit or debit card is charged the first Subscription fee (or if you sign-up for a Subscription that includes a free-trial period, once we have processed your order for your Subscription, you will receive a confirmation e-mail notifying you of your ability to access those Subscription-only portions of, and Materials on, the Site.
IMPORTANT NOTICE: KLARAHEALTH WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON EACH MONTHLY OR YEARLY ANNIVERSARY (DEPENDING ON THE TYPE OF SUBSCRIPTION ORDERED) OF THE DATE THAT KLARAHEALTH FIRST CHARGES YOUR CREDIT OR DEBIT CARD FOR THE FIRST SUBSCRIPTION FEE AND, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION SIGN-UP PROCESS, KLARAHEALTH WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE MONTHLY OR YEARLY SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT (UNLESS YOU CANCEL PRIOR TO THE APPLICABLE RENEWAL DATE). EACH SUBSCRIPTION RENEWAL PERIOD IS FOR ONE MONTH OR ONE YEAR, DEPENDING ON THE TYPE OF SUBSCRIPTION ORDERED.
YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING KLARAHEALTH THROUGH AN ESTABLISHED SUPPORT LINE, OR CONTACTING KLARAHEALTH THROUGH HELP@KLARAHEALTH.COM. KLARAHEALTH REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT YEARLY SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT MONTHLY OR YEARLY SUBSCRIPTION TERM, AS APPLICABLE.
FREE TRIAL PERIODS: YOU MAY BE OFFERED A FREE-TRIAL PERIOD TO TEST THE SERVICES. PLEASE NOTE THAT IF YOU DO NOT CONVERT TO PAYING SUBSCRIPTION BY THE END OF THE FREE TRIAL PERIOD, YOUR ACCOUNT WILL BE AUTOMATICALLY TERMINATED AND ALL INFORMATION WE HAVE RECEIVED DURING THE TRIAL PERIOD WILL BE DESTROYED.
You will be liable for paying any and all applicable sales and use taxes for the purchase of your Subscription based on the mailing address that you provide when you register as a Member, and you authorize klaraHealth to charge your credit or debit card for any such applicable taxes.
If applicable, you agree to pay all fees or charges to your account based on klaraHealth’s fees, charges, and billing terms in effect as shown on the payment page. If you do not pay on time or if klaraHealth cannot charge your credit card, PayPal or other payment method for any reason, klaraHealth reserves the right to either suspend or terminate your access to the Site, Services and account and terminate these Terms. You are expressly agreeing that klaraHealth is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card, PayPal or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that klaraHealth may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from klaraHealth. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with klaraHealth. 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.
klaraHealth may permit registered Subscribers and other users to post content to the Site and Services, including health information, medical records, comments, photos, videos, and other materials (collectively "User Content"). You understand and agree that klaraHealth does not review User Content prior to posting and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content.
If you choose to post User Content to public forums, blogs or other areas of the Site that are not password restricted, please be aware that your User Content will be available to the public. You should therefore only post User Content to such areas that you are comfortable sharing under these Terms.
You are solely responsible for your User Content and the consequences of posting your User Content to the Site. You represent and warrant that you own or have the necessary licenses, rights, consents, permissions, and releases to publish or perform User Content you post or upload and to grant klaraHealth the licenses and rights set forth in these Terms.
You retain all rights in and to the User Content you post to the Site. However, by posting User Content to the Site, you hereby grant klaraHealth a perpetual, nonexclusive, royalty-free, transferable, sublicenseable, irrevocable, worldwide license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display and otherwise use your User Content (including any copyright, trademark, moral right, publicity, or other proprietary rights therein and thereto) in whole or in part, in connection with the Site and klaraHealth’ business, including without limitation for providing you the Services, in any medium now known or later developed.
You agree not to post any User Content that:
klaraHealth reserves the right but not the obligation to remove any User Content and/or to terminate or suspend a user account without notice for any reason or no reason, including without limitation our belief that User Content violates these Terms. You acknowledge, consent and agree that klaraHealth may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any User Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of klaraHealth, its users and the public.
When using this Site and/or the Services, you agree not to:
This list of prohibitions provides examples and is not complete or exclusive. klaraHealth reserves the right to terminate access to your account, your ability to post to this Site (or use the Services) with or without cause and with or without notice, for any reason or no reason, or for any action that klaraHealth determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. klaraHealth may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at klaraHealth’s discretion, klaraHealth will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
You agree to indemnify and hold klaraHealth and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) klaraHealth or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
klaraHealth is a trademark of klaraHealth in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of klaraHealth, Copyright © 2014. 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.
The Mobile Application software that is provided to you through the Site and Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if You are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
klaraHealth respects the intellectual property rights of others, and we ask you to do the same. klaraHealth may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide klaraHealth’s designated agent the following information:
klaraHealth’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
klaraHealth Copyright Agent
PO BOX 225125
San Francisco, CA 94122
Telephone: 888-613-7167 ext. 6
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
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 valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to klaraHealth designated agent that includes all of the following information:
Termination of Repeat Infringers
klaraHealth reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.
Your use of this Site and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by klaraHealth, and they may include inaccuracies or typographical or other errors. klaraHealth does not warrant the accuracy of timeliness of the Materials contained on this Site. klaraHealth has no liability for any errors or omissions in the Materials, whether provided by klaraHealth, our licensors or suppliers or other users.
KLARAHEALTH, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. klaraHealth DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
KLARAHEALTH SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL klaraHealth 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 KLARAHEALTH KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
klaraHealth controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to klaraHealth, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and klaraHealth is 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. You understand and agree that klaraHealth is 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.
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at firstname.lastname@example.org or 888-613-7167. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and klaraHealth. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and klaraHealth shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise 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). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, "klaraHealth" means klaraHealth and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between you and klaraHealth regarding any aspect of your relationship with klaraHealth, 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). "Dispute" is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as klaraHealth’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE 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.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give klaraHealth an opportunity to resolve the Dispute. You must commence this process by mailing written notification to klaraHealth, PO BOX 225125, San Francisco, CA 94122. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If klaraHealth does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or klaraHealth may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the "Opt-Out Deadline"). You may opt out of this Provision by mailing written notification to klaraHealth, PO BOX 225125, San Francisco, CA 94122.. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with klaraHealth through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with klaraHealth. 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 klaraHealth may initiate arbitration proceedings. The American Arbitration Association ("AAA"), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class 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 175,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving 175,000 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 at www.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 procedures or rules apply to the arbitration.
Because the Site 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.
Arbitration Award – 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. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or klaraHealth may initiate arbitration in either [CLIENT’s U.S. location] or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, klaraHealth may transfer the arbitration to [CLIENT’s U.S. location] in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – klaraHealth will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with klaraHealth 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.
Class Action Waiver
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 or private attorney general action) unless both you and klaraHealth specifically agree to do so 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 the Site 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 entering into this Agreement you and klaraHealth 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 klaraHealth 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, such as the right to appeal and to 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, and the remainder of this Provision 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 service with klaraHealth or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if klaraHealth makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require klaraHealth to adhere to the language in this Provision if a dispute between us arises.
klaraHealth prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by klaraHealth, may result in immediate termination of your access to this Site 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. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or this Site will be heard in the courts located in San Francisco County in the State of California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. klaraHealth’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and klaraHealth and supersede all prior or contemporaneous negotiations, discussions or agreements between you and klaraHealth about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact klaraHealth for any reason, you can reach us at klaraHealth, PO BOX 225125, San Francisco, CA 94122.