Effective Date: June 6 2020
Acceptance of the Terms
THESE TERMS CONTAIN AN ARBITRATION NOTICE AND CLASS ACTION WAIVER WHERE ALL DISPUTES BETWEEN YOU AND THE PRACTICE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT WITH A WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION/COLLECTIVE LAWSUIT OR ARBITRATION.
BY ACCESSING OR USING THE WEBSITE OR SERVICES YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE OR SERVICES.
Description of Services
Visitors and Potential Patients
The Website provides information about ketamine therapy. If you are interested in such therapy the Website provides you the ability to schedule an initial evaluation with one of our healthcare providers, and pay for such therapy should you and our healthcare providers determine that such therapy is appropriate for you. Prior to the initial evaluation we will email or text you a link to complete a New Patient Registration Form accompanied by our Notice of Privacy Practices and Consent to Telemedicine. By providing your email and phone number to us, you hereby consent to us contacting you by phone, email or text. You acknowledge and agree that the therapy services are offered exclusively to individuals that reside within the State of Florida. If you do not reside within the State of Florida, then you must not seek to obtain therapy services from us.
We, through our healthcare professionals, will assume responsibility for your care only after: (1) you complete and return all forms that we send to you; (2) make the appropriate payment for the therapy services through the Website; (3) conduct a consultation with our healthcare professional recognizing that the initial evaluation is not a consultation; and (4) our healthcare professional reviews the above and arrives at the conclusion that you are an appropriate candidate for the therapy services. You understand that our healthcare professionals duty of care only begins when our healthcare professionals have determined that you are an appropriate candidate for the therapy services, and not when you engage in any of the activities identified in subsections (1)-(3) above.
The Website provides information on ketamine therapy and courses concerning the same (“Course”) to counselors seeking to practice ketamine therapy or gain more information about the topic. The Courses are offered for a Fee (as described below) and are available for online viewing. Viewing and use of the Courses is subject to your compliance with these Terms as indicated below.
Not Medical Advice
The Website and Courses includes information regarding the use of certain methods and pharmaceuticals for the treatment of specific medical conditions and disorders (“Website Content”). The Website Content is not, nor intended to be, medical advice or the practice of medicine, and is not a substitute or replacement for professional medical advice, diagnosis or treatment. Website Content is provided to educate and create awareness regarding ketamine therapy. Website Content may include reviews by individuals who accessed and viewed such content (“Reviews”). We do not endorse the accuracy or completeness of such reviews.
Accessing the Website
We reserve the right to withdraw or amend this Website, Website Content, Courses and the Services, in our sole discretion without notice. We will not be liable if for any reason any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to you.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
If you desire to purchase the Courses or therapy services, then you may be required to create an account with us (“User Account”). The information provided for the User Account (“User Information”) must be correct, current, complete and accurate. If User Information changes rendering it no longer accurate, then it is your responsibility to make the necessary updates to the User Account. We shall have no responsibility or liability for inaccurate or outdated User Information contained in the User Account.
Purchase and Payment
The therapy Services and Courses are available for purchase through the Website. All prices are exclusive of taxes. All payments are non-refundable. We reserve the right to change the prices in our sole and exclusive discretion for any subsequent purchase of the therapy services or Courses, and the revised price will be reflected when you seek to purchase the therapy services or Courses at check-out. The methods of payment for the therapy services or Courses are identified at check-out, and all payments are processed by a third-party payment processor.
If you make payment through the Website or over the phone, you warrant and represent that: (i) the payment information you provide us, whether credit card, debit card, or other payment methods identified in the Website or over the phone, is true, correct, accurate and complete; (ii) you authorize us to complete the payment of your purchase according to the payment method selected by you; (iii) the bank or credit card or debit card provider will honor the charges incurred by you; (iii) you will pay the charges incurred by you in the amount posted, including any applicable taxes; and (iv) you are the named account holder and/or named card holder for the payment method you use to purchase the Services; (v) payment is inclusive of telehealth encounter fee, administration fee (technology fee, administrative staff support, etc), medical records review, HIPAA secure messaging (30 messages per month), follow-up visits ((3) 15-min visits per month), and pharmacy costs pre-negotiated with ApothiCare360, 6631 Orion Dr Suite 112, Fort Myers, FL 33912, phone: (239) 690-7700; (vi) patient reserves the right to decline the pharmacy costs (pre-negotiated with ApothiCare360) and choose a different pharmacy, and upon written request, the Practice will issue a valid prescription to the pharmacy of the patient’s choosing.
If a price is incorrect due to a typographical error, we have the right to refuse or cancel any orders with the incorrect price regardless of whether your payment has been processed. If your order is cancelled after processing your payment, then we will promptly issue you a refund for the charged amounts.
Financial Policy and Refunds
Payment for our oral ketamine program is due at the time of service. We provide this treatment as an adjunct to the client’s current care of psychiatric conditions including depression, anxiety, and addiction. Ketamine treatment is an off-label use that must be prescribed by a licensed physician. This treatment program is not covered by insurance and payment will be expected at the time of service.
The total cost of the program is determined by the number of sessions and certain promotional packages may be offered. If a package is selected and the patient, or provider, terminates the treatment prior to full utilization of the package, then rates of the lesser package will be charged up to the portion of the medical services rendered. For example, if a package of 6 oral ketamine treatments (currently valued at $1150) is selected, and the patient only utilizes 3 oral sessions then the package for 3 oral sessions with two deliveries of ketamine (currently valued at $850) will be charged and the difference ($300) will be refunded. If the patient continues past the third session and a third prescription is written for the medication for the 4th, 5th and 6th dose with consent of the patient, then the full amount will be charged for all the medical services rendered. The treating physician reserves the right to refuse to continue treatment based on his or her sole discretion for the safety of the patient.
By communicating with us through the Website, Services, emails, message boards or other communications from your computer or mobile device you are engaging in electronic communications with us. These electronic communications may require you to complete certain forms, questionnaires or give your consent. You agree that all consents and agreements can be signed electronically and all disclosures, notices, or other communications we provide to you through an electronic communication satisfy any and all legal requirements that the same must be in writing.
By providing us with your email address and or telephone number, you acknowledge and consent to the receipt of calls, texts, and emails from: (a) us regarding the Services, including marketing and promotional communications; and (b) our third-party providers, such as our third-party compounding pharmacy, regarding your Prescription. You can discontinue your receipt of specific materials by responding to the email address in the body of the email or requesting such discontinuance. If you desire not to receive any of the categories of information or documents identified above, then you can opt-out by emailing us at email@example.com.
Term and Termination
These Terms begin once you access the Website, and shall be in effect until: (a) either party notifies the other party of its desire to terminate; or (b) we terminate due to your failure to follow and adhere to these Terms. We, in our sole and exclusive discretion, have the right to suspend your access to the Services, including Website Content and Courses, if you fail to follow and adhere to these Terms, and the exercise of such rights shall not waive or preclude our ability to terminate your access and use of the Services, Website Content or Courses.
If you purchased a Course, then upon termination, you will no longer have the ability to access or view the Courses that you purchased, and all right granted to you with regards to such access and use of the Courses shall immediately terminate.
If you choose, or are provided with, a user name, password, access code, or any other piece of information as part of our security procedures to access your User Account (“Credentials”), then you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your User Account is personal to you and agree not to provide any other person with access to your User Account. You agree to notify us immediately of any unauthorized access to or use of your Credentials or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
We have the right to disable your Credentials in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Intellectual Property Rights
The Services, Website and its entire contents, features, and functionality (including but not limited to all information, Website Content, Courses, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Practice, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services, Website, Website Content and Courses for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services, Website, Courses or Website Content in breach of the Terms, your right to use the same will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services, Website, Website Content, Courses or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Practice. Any use of the Services, Website Content, Website, and not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
All trademarks and related names, logos, product and service names, designs, and slogans are trademarks of the Practice or its affiliates or licensors. You must not use such marks without the prior written permission of the Practice. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Services, Website and Website Content and Courses only for lawful purposes and in accordance with these Terms. You agree not to use the Services, Website, Website Content and Courses:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
To transmit, or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Practice, a Practice employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Practice or users of the Website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Prohibited Use of Courses
Unless expressly permitted at check-out, you must not copy, share, hyperlink, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, post, download, store, or transmit Courses, in whole or part. Likewise, you must not remove any proprietary notices, such as trademark or copyright notices, from the Courses.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users, other persons or Practice (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and our licensees, successors, and assigns the assignable, irrevocable, perpetual, right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
These content standards apply to any and all User Contributions. User Contributions must in their comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Monitoring and Enforcement
We have the right to:
Remove or refuse to use or post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Practice.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, or that the User Contribution violates any applicable laws.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE PRACTICE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review comments, replies and communications before they are posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information Posted
The information presented on or through the Website and Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Courses are based on medical studies and consists of Practice’s analysis basis on such studies. Opinions and information regarding treatment methods contained in Courses may differ in the medical community.
This Website and Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Practice, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Practice. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
If you provide any communications to us suggesting or recommending changes to the Courses, Website Content, Website, or Services, including without limitation any comments, questions, suggestions, or the like (“Feedback“), we are free to use such Feedback irrespective of any other obligation or limitation between the us governing such Feedback. You hereby irrevocably assign to us, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever. We are not required to use any Feedback.
Links from the Website
If the Website or Courses contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website or Courses, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
This Website and Services are provided for use only by persons located in the United States. We make no claims that the Website, Website Content, Services, Courses, or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OFFERED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE PRACTICE NOR ANY PERSON ASSOCIATED WITH THE PRACTICE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE PRACTICE NOR ANYONE ASSOCIATED WITH THE PRACTICE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE OPINIONS AND INFORMATION COMMUNICATED IN WEBSITE CONTENT OR COURSES CONTENT MAY BE BASED ON INFORMATION OBTAINED FROM THIRD-PARTY MEDICAL STUDIES THAT PRACTICE RELIES UPON FOR ITS ACCURACY AND INTEGRITY. PRACTICE WARRANTS THE ACCURACY OF THE OPINIONS AND INFORMATION CONTAINED IN WEBSITE CONTENT AND COURSES TO THE EXTENT THE UNDERLYING THIRD-PARTY MEDICAL STUDIES ARE ACCURATE AND CORRECT.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE PRACTICE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE PRACTICE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AUTHORIZED PERSONS OR DIRECTORS BE LIABLE FOR THE FOLLOWING CATEGORIES OF DAMAGES, EVEN IF FORSEEABLE,WHETHER ARISING UNDER CONTRACT, TORT, STATUTORY, OR ANY OTHER LEGAL THEORY: INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, INFRINGEMENT, AND LOSS OF DATA. PRACTICE’S MAXIMUM TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, SHALL NOT EXCEED $100.
THE FOREGOING IS IN ADDITION TO ANY OTHER TERMS OF THIS AGREEMENT AND DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Practice, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, Website, Website Content and Courses. These indemnification obligations shall survive the expiration or termination of this these Terms.
Dispute Resolution and Binding Arbitration.
Summary. Most users’ concerns can be resolved quickly simply by reaching out to us at (305) 985 6170. In the event that we are unable to resolve your complaint, or we are unable to resolve our dispute with you, then we each agree to resolve all disputes through binding arbitration or small claims court instead of through the traditional court system. Arbitration is more informal than a traditional lawsuit brought in court, because it is before a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
Arbitration. Excluding indemnification claims and claims filed in small-claims court in Miami-Dade County, Florida, any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your use of the Website Services will be resolved exclusively and finally by binding arbitration before the American Arbitration Association. The laws of the State of Florida shall control these Terms and any claims arising hereunder.
YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING AND AGREE THAT BY ACCEPTING THIS AGREEMENT AND THE ARBITRATION PROVISIONS HEREIN, THE FAA WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND PRACTICE AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND PRACTICE ARE EACH HEREBY IRREVOCABLY WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION IN CONNECTION WITH ANY DISPUTE BETWEEN US. YOU AND PRACTICE ALSO AGREE THAT ANY ARBITRATION CONDUCTED HEREUNDER WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND WILL NOT BE BROUGHT OR PROCEED ON BEHALF OF A CLASS OR IN A REPRESENTATIVE CAPACITY.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Expedited Procedures provided under its Commercial Arbitration Rules before a single arbitrator with the locale of all hearing requiring physical attendance of the parties to occur in Miami-Dade County, Florida. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Excluding the power to consider the enforceability of the class arbitration waiver and any challenge to the class arbitration, the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
Relationship of the Parties
The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
Waiver and Severability
No waiver by the Practice of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Practice to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth in the first paragraph of this Agreement or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), email (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) on receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section. You can contact us as indicated below.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when you access the Website, Website Content, Courses or Services. However, any changes to the dispute resolution provisions set out in Dispute Resolution and Binding Arbitration will not apply to any disputes for which the parties have actual notice on or before such upload.