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Please review and agree to our Terms of Use in order to proceed

Effective Date: 11/04/2024

1. Introduction

These Terms of Use (“Terms”) govern your use of (a) the websites (including https://www.copays.org/ and https://www.patientadvocate.org), mobile applications, and other online platforms operated by Patient Advocate Foundation (“PAF,” “we,” “us,” or “our”) where these Terms are posted (collectively, the “Platforms”) and (b) any services, features, and functionalities available on the Platforms (collectively, the “Services” and, with the Platforms, the “Sites”). These Terms represent a binding contract between PAF and you.

By using the Sites, other than for the limited purpose of reviewing these Terms, you expressly represent that you (a) are eighteen (18) years of age or older and have reached the age of majority in your jurisdiction of residence, (b) are legally competent to enter into this agreement, and (c) agree to be bound by these Terms. It is your responsibility to review these Terms periodically. If, at any time, you do not agree to these Terms, or these Terms are not enforceable where you are located, you may not use the Sites. We would not provide the Sites without the conditions in these Terms. If you use the Sites after reviewing these Terms but later seek to repudiate them or any aspect thereof, you agree that such action would constitute a breach of these Terms, prohibiting you from enforcing any aspect of the Terms and entitling us to damages resulting from your breach.

If you are an individual using the Sites on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. In that case, references to “you” and “your” in these Terms will refer to both the individual using the Sites and to any such Organization.

Certain Services may be subject to different or additional terms, rules, guidelines, or policies (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other reasonable means. All Additional Terms are hereby incorporated by reference into these Terms; as such, any reference to the “Terms” herein includes all Additional Terms. From time to time, Additional Terms may conflict with the terms herein. In the event of such a conflict, the Additional Terms will control.

ARBITRATION NOTICE: THESE TERMS INCLUDE AN ARBITRATION PROVISION, WHICH REQUIRES US TO ARBITRATE ANY DISPUTES (DEFINED BELOW) ON AN INDIVIDUAL BASIS, SUBJECT TO SOME LIMITED EXCEPTIONS. INDIVIDUAL ARBITRATION MEANS THAT NEITHER YOU NOR PAF WILL HAVE, AND WE EACH HEREBY WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE ITS CLAIMS, AND THAT NEITHER YOU NOR PAF IS PERMITTED TO PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. IN ADDITION, THESE TERMS REQUIRE EACH OF US TO WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY WITH RESPECT TO ANY DISPUTES NOT SUBJECT TO ARBITRATION. PLEASE CAREFULLY REVIEW SECTIONS 15 AND 16, WHICH ADDRESS THESE REQUIREMENTS IN GREATER DETAIL.

2. CONTENT DISCLAIMER

The Sites are provided for general informational purposes only. The Sites are not intended to provide medical, legal, or any other form of professional advice. It is your responsibility to seek the advice of a qualified professional, as needed, to evaluate any information on the Sites.

Without limiting the preceding paragraph, the information on the Sites is not and should not be considered medical advice, nor should anything on the Sites be treated as a substitute for qualified medical advice, diagnosis, or treatment. You hereby expressly agree that we are not providing medical advice via the Sites. You should always seek the advice of a physician or other qualified health care provider for any questions regarding a medical condition or treatment and before making any health care decision. Never disregard medical advice or delay in seeking medical advice or treatment because of something you read on the Sites. If you are experiencing a medical emergency, you should not rely on the Sites and should instead seek appropriate emergency medical assistance, such as by calling “911.”

3. ACCOUNT CREATION AND PASSWORDS

To access certain Services, you must create an account on the Sites (an “Account”). You agree to provide truthful and accurate information during the Account creation process. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate, or incomplete, or otherwise act in a false or misleading manner during the Account creation process, we reserve the right to suspend or terminate your Account or your use of the Sites.

You are responsible for preserving the confidentiality of your Account password and will notify us of any known or suspected unauthorized use of your Account. You agree that you are responsible for all acts or omissions that occur under your Account.

4. COPYRIGHT AND TRADEMARK OWNERSHIP
The Sites and all of their contents, including all information, text, graphics, Trademarks (defined below), icons, images, audio and video content, data compilations, and the design, selection, and arrangement thereof (collectively, the “PAF Content”), are the exclusive property of PAF or our licensors and may not be used or exploited in any way without prior written consent.

We are providing you with access to the Sites and the PAF Content pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license (the “License”). The License is available to you unless and until you or we terminate these Terms, we otherwise suspend or terminate your access to the Sites, or you are barred from using the Sites by applicable law. PAF reserves all right, title, and interest not expressly granted under the License to the fullest extent possible under applicable law.

Under the License, you are permitted to use the Sites solely for personal, non-commercial purposes and only in the following limited ways: (a) you may access and browse the Sites, and use the Services made available to you, using a device that you own or are authorized to use (a “Device”); (b) you may download PAF Content from the Sites and print out a hard copy, provided that you do not modify it in any way and do not remove or alter any copyright or other notice contained thereon; (c) you may install a copy of any mobile applications that we make available from time to time (collectively, the “Apps”) on a Device; and (d) your Device may temporarily store copies of PAF Content incidental to your use of the Sites.

You may not otherwise modify, copy, distribute, display, reproduce, sell, license, create derivative works from, or otherwise use or exploit the PAF Content in any manner without the prior written authorization of PAF or, if the content is licensed to PAF, the applicable licensor. Without limiting the preceding sentence, you may not “frame” the PAF Content or otherwise incorporate any aspect of the Sites or the PAF Content into another website or service. Any unauthorized use of the PAF Content automatically terminates the License without prejudice to any other remedy available under applicable law. Any unauthorized use of PAF Content may also violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable laws. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights. Your use of the Sites and the PAF Content pursuant to the License is, at all times, subject to all other provisions of these Terms.

The PAF Content includes the trademarks, service marks, logos, slogans, trade names, and trade dress appearing on the Sites (the “Trademarks”). The absence of a trademark notice or symbol indicating the registration or ownership of a Trademark does not constitute a waiver of PAF’s or its licensors’ trademark or other rights. These Terms do not grant you any rights to use the Trademarks. Under no circumstances are you permitted to use the Trademarks in a manner that creates a likelihood of consumer confusion.

Finally, the Sites are intended for users genuinely interested in our Services. Under no circumstances may the Sites or the PAF Content be used for the purpose of, or with the intention of, initiating litigation or arbitration, including using the Sites in order to trigger or induce an alleged violation of any law (“Litigation Purposes”). Use of the Sites for Litigation Purposes is strictly prohibited, exceeds the parameters of the License, and, as such, constitutes a breach by you of these Terms. In such circumstances, PAF may elect to terminate these Terms, without prejudice to our ability to seek damages, including attorneys’ fees, resulting from your breach. At the same time, we appreciate that, in the course of your legitimate use of the Sites under the terms of the License, a Dispute (defined below) could arise between you and PAF. In that event, the Dispute will be resolved pursuant to the terms of Sections 15 and 16.

5. USER CONTENT AND LICENSE GRANT TO PAF
Some Services may allow you to submit, post, link, send, share, or otherwise make available (“Share”) communications, content, information, and materials on the Sites (“User Content”). User Content has not necessarily been reviewed or approved by PAF, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness, timeliness, or any other aspect of User Content. Any views or opinions expressed in User Content belong to the users who Shared the content and not to PAF. Your reliance on any User Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to, any User Content, including your reliance on such content.

You will retain ownership of any intellectual property rights that you own in your User Content, but, in exchange for the opportunity to use the Sites, you automatically grant to PAF a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, sublicensable license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, display, and otherwise use and exploit the User Content in any media or medium, or any form, format, or forum, now known or hereafter developed, and for any purpose (commercial or otherwise) (the ”User Content License”). For avoidance of doubt, the User Content License permits PAF to use any ideas, concepts, know-how, or techniques contained in your User Content for any purpose whatsoever, including developing, manufacturing, and marketing products and services incorporating such information, without any compensation or attribution to you. We may sublicense these rights through multiple tiers of sublicenses. By sharing User Content, you represent and warrant that you possess all rights and permissions necessary to grant the User Content License to PAF.

For avoidance of doubt, all User Content appearing on the Sites is considered PAF Content. As such, aside from the limited right to access and use the Sites and the PAF Content granted in the License, you may not use, or exploit User Content shared by another party in any way without the prior written permission of the owner of such content.

6. VIDEO CONTENT

The Sites may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing the user experience on the Sites and is, therefore, provided in connection with PAF’s non-profit activities related to the provision of case management services and financial aid to persons with chronic, life threatening, and debilitating illnesses. PAF is not in the business of renting, selling, or delivering Video Content in a commercial manner. By using the Sites, you agree that PAF is not a “video tape service provider,” as defined in the Video Privacy Protection Act (“VPPA”), 18 U.S.C.A. § 2710, or similar state laws.

Further, the Sites may include online technologies and code-based tools, including cookies, pixels, web beacons, and software development kits, that track information about your activity on the Sites (collectively, “Cookies”). Cookies may result in information about your activity on the Sites being transmitted from your browser to PAF and third parties, which, in turn, may result in the display of targeted advertisements on third-party websites, services, or platforms (“External Sites”). Whether Cookies on the Sites result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of PAF’s knowledge or control, including what External Sites you use, what information you have provided to External Sites, and whether (and the extent to which) you have limited the use of Cookies by the operators of External Sites.

You hereby acknowledge and agree that, if Cookies on the Sites result in your browser’s transmission of information to EXTERNAL SITES, (i) such transmissions do not constitute a “knowing disclosure” of “personally identifiable information” by PAF under the VPPA and (ii) you will not initiate any litigation or otherwise assert any claim against PAF based, in whole or in part, on such transmissions, whether under the VPPA, the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), or any other statute, regulation, or cause of action.

7. USER CONDUCT
You agree to not to Share any User Content or otherwise use the Sites in any manner that:

Is designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files, or programs);
Interferes with or disrupts the Sites or any services connected to the Sites;
Infringes any copyright, trademark, trade secret, patent, or other right of any party, including the publicity rights or the privacy rights of any person, living or deceased;
Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Causes PAF to lose (in whole or in part) the services of its Internet service providers or other suppliers;
Links to materials or other content, directly or indirectly, to which you do not have a right to link;
Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or discriminatory on the basis of race, religion, ethnicity, nationality, sex, sexuality, gender, age, or disability;
Is designed to gain access to Services that you are not authorized by PAF to access;
Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof;
Violates or encourages anyone to violate these Terms; or
Violates or encourages to violate any applicable local, state, national, or international law, regulation, or order.

PAF has the right, but not the obligation, to monitor the Sites for the purpose of determining and enforcing compliance with these Terms. Further, PAF shall be free to delete, remove, modify, or refuse to post any User Content if we determine that the content violates these Terms.

You agree that PAF has the right to (a) disclose your identity or other relevant information about you to any third party who claims that User Content Shared by you violates their rights; (b) take legal action, including referral to law enforcement, with respect to any suspected illegal or unauthorized use of the Sites; and (c) cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or information of any user of the Sites.

You hereby waive any claims related to or resulting from any action or inaction of PAF with respect to (A) monitoring the Sites; (B) deleting, removing, modifying, or refusing to post any User Content; (C) determining or enforcing compliance with these Terms; and (D) cooperating with law enforcement OR A COURT ORDER CONCERNING any matter related to the Sites. You further agree that PAF shall not be liable to you with respect to any other user’s conduct that is prohibited under these Terms.

Notwithstanding the use restrictions in this Section 7, nothing in these Terms shall prohibit or restrict your ability to (a) make any “statement” protected by Cal. Civ. Code § 1670.8; (b) engage in a “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b; or (c) express or publish any review, performance assessment, or similar analysis (collectively, “Reviews”) about PAF, its employees or agents, or its products or services, to the extent that such Reviews are protected under applicable law.

8. LINKING
You are permitted to establish a hyperlink to a homepage of the Sites, provided that (i) you do so in a manner that is legal and does not state or imply any endorsement of or affiliation with the originating website, application, or service (the “Originating Site”) by PAF; (ii) the Originating Site contains no content that you would be prohibited from Sharing on the Sites pursuant to these Terms or any applicable law; (iii) the Originating Site is owned by you or you have express written consent from its owner to establish the link; and (iv) you do not establish a deep-link or otherwise link to any page other than a homepage of the Sites. You agree to cooperate with us as requested to remove any links that we determine violate these Terms. We reserve the right to withdraw linking permission at any time and without notice.

9. LINKS TO EXTERNAL SITES
The Sites may contain links to External Sites. We are not responsible for the availability of External Sites nor do we endorse the goods or services provided by External Sites. Any terms and conditions and policies applicable to an External Site are set by the operator of the External Site and not by PAF. Please review the terms and conditions and polices applicable to External Sites to better understand the terms applicable to your use of such websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods, or services available on External Sites.

10. PRIVACY
We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Sites is governed by our Privacy Policy, which is available here. The Privacy Policy is hereby incorporated into these Terms by reference.

As such, by using the Sites after reviewing these Terms, you are representing to PAF that you understand and accept how we collect, use, and disclose information concerning your use of the Sites, as set forth in the Privacy Policy. You understand and agree that (a) PAF is justifiably relying on this representation in granting you access to the Sites and (b) if you later take legal action inconsistent with this representation, such action will constitute evidence that your representation was false. In that case, PAF may elect to terminate these Terms, without prejudice to our ability to seek damages resulting from your breach. If you do not agree to the practices described in our Privacy Policy, you may not use the Sites or provide us with any information.

11. Errors on the Sites

Our goal is to provide complete, accurate, and up-to-date information on the Sites, but it is not possible to ensure that any website is completely free of human or technological errors. The Sites may contain mistakes, inaccuracies, or omissions (collectively, “Errors”), and some information may not be complete or current. PAF reserves the right to correct any Errors and to change or update information on the Sites at any time and without prior notice.

12. DISCLAIMER OF WARRANTIES
THE SITES AND THE PAF CONTENT ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS. PAF MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE PAF CONTENT OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE, DIRECTLY OR INDIRECTLY, THROUGH THE SITES. FOR AVOIDANCE OF DOUBT, PAF DISCLAIMS ALL IMPLIED WARRANTIES THAT THE SITES AND THE PAF CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PAF OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

WITHOUT LIMITING THE PRECEDING PARAGRAPH, PAF DOES NOT GUARANTEE THAT (A) THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES; (B) THE SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS; (C) THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING; OR (D) THE PAF CONTENT WILL BE ACCURATE OR RELIABLE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES AND TO SEEK THE ADVICE OF PROFESSIONALS AS NEEDED.

ADDITIONAL RIGHTS: SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION 12 MAY NOT APPLY TO YOU. FOR CLARIFICATION, NOTHING IN THESE TERMS SEEKS TO EXCLUDE ANY WARRANTIES THAT CANNOT BE EXCLUDED BY APPLICABLE LAW. YOU AGREE, HOWEVER, THAT THE TERMS OF THIS SECTION 12 SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

13. LIMITATION OF LIABILITY
IN NO EVENT WILL PAF OR ITS OFFICERS, MANAGERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS (COLLECTIVE, THE “RELEASED PARTIES”) BE LIABLE FOR THE FOLLOWING DAMAGES (IF ANY) ARISING WITH RESPECT TO YOUR USE OF (or inability to use) THE SITES: (A) INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF USE, DATA, BUSINESS, REVENUE, OR PROFITS, IN ALL CASES WHETHER DIRECT OR INDIRECT; (C) DAMAGES, INCLUDING FOR ANY DELAY OR FAILURE IN PERFORMANCE, ARISING FROM CAUSES BEYOND THE REASONABLE CONTROL OF THE RELEASED PARTIES; (D) DAMAGES ARISING FROM THE CONDUCT OF OTHER USERS OF THE SITES or their user content; (v) or damages relating to the delay, failure, interruption, disclosure, or corruption of any data or information transmitted in connection with the Sites.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE RELEASED PARTIES IN CONNECTION WITH ANY DISPUTE (DEFINED BELOW) EXCEED THE GREATER OF (I) $100 USD OR (II) THE AMOUNT YOU PAID TO PAF IN CONNECTION WITH YOUR USE OF THE SITES IN THE 12-MONTH PERIOD PRECEDING THE DATE ON WHICH THE FIRST CLAIM RELATED TO THE DISPUTE AROSE. THE LIMITATION OF LIABILITY IN THIS SECTION 13 APPLIES regardless of legal theory, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

ADDITIONAL RIGHTS: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 13 MAY NOT APPLY TO YOU. FOR CLARIFICATION, NOTHING IN THESE TERMS SEEKS TO EXCLUDE OR LIMIT ANY DAMAGES OR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. YOU AGREE, HOWEVER, THAT THE TERMS OF THIS SECTION 13 SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

14. INDEMNIFICATION

You agree to indemnify, hold harmless, and (at our option) defend PAF from and against any and all liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees and costs, arising from or related to (a) any breach by you of these Terms; (b) any User Content you Share; and (c) your violation of any law or the rights of a third party. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. You agree never to settle any matter for which your indemnification is required absent our prior written consent.

15. DISPUTE RESOLUTION AND ARBITRATION

If there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), you and PAF agree to resolve the Dispute through the dispute resolution procedures set forth in this Section 15, even if the Dispute arose prior to the Effective Date of these Terms.

A. Informal Dispute Resolution

You and PAF agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).

All Dispute Notices must: (a) be signed by the Complaining Party; (b) include the Complaining Party’s name, physical address, and email address; (c) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim, and (d) set forth the alleged damage and harm suffered, and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and PAF. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.

Dispute Notices shall be sent as follows:

To PAF: by (a) first-class or certified mail to Patient Advocate Foundation, Attn: Compliance Department, 421 Butler Farm Road, Hampton, VA 23666 and (b) email to compliance@patientadvocate.org;
To You: by first class or certified mail to the mailing address we have on file for you (if any) and by email to the email address we have on file for you (if any). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by other reasonable means.

You and PAF will attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and PAF (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. PAF will participate in the Conference through one or more representatives, which may include our counsel.

Both you and PAF agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any litigation or arbitration against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed or satisfied, the parties agree that (a) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (b) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the Dispute.

B. Individual Arbitration

YOU AND PAF AGREE THAT, IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCEDURE, SUCH DISPUTE SHALL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU AND WE WILL NOT HAVE, AND WE EACH WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY DECIDE OUR CLAIMS, AND THAT NEITHER PARTY IS PERMITTED TO PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (“JAMS”) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by these Terms), before one arbitrator to be mutually agreed upon by both parties (a Dispute submitted to JAMS for arbitration being a “Demand for Arbitration”). The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (the “Minimum Standards”) if (and only if) it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute. The Minimum Standards are available at www.jamsadr.com/consumer-minimum-standards. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, either party may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a teleconference or videoconference hearing.

Unless stated otherwise in these Terms, you and PAF agree that (a) the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable; and (b) the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this Section 15 or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

C. Mass Arbitration

This Section 15(c) applies to Mass Arbitrations (defined below) and supersedes any provision to the contrary in these Terms.

If you or PAF files a Demand for Arbitration that is one of fifty (50) or more similar Demands for Arbitration filed against the other party (i.e., against you or PAF, as applicable) by parties represented by the same law firm or law firms acting in coordination (“Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Procedures”). The Mass Arbitration Procedures are available at www.jamsadr.com/mass-arbitration-procedures.

You and PAF agree that, in the event of a Mass Arbitration, any issues arising under or relating to (a) the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section 15 or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.

D. Exceptions

Notwithstanding any other provision of this Section 15, you or PAF may (a) bring a claim or elect to resolve a dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits and (b) file a claim in court to (i) enjoin the infringement or other misuse of its intellectual property rights or (ii) seek a declaration that the other party is in breach of these Terms. You and PAF agree that, to the extent permitted by applicable law, the claims referenced in this Section 15(d) must be brought and maintained on an individual basis, and we each waive the right to a jury trial with respect to such claims.

In addition, nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

16. CHOICE OF LAW AND CHOICE OF FORUM These Terms have been made in and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the Commonwealth of Virginia, without giving effect to any conflict of law principles that would result in the application of the laws of any other jurisdiction. For avoidance of doubt, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and not by any state arbitrations laws.

Except for disputes or claims properly lodged in a small claims court in the United States, any Disputes that are, for any reason, not subject to arbitration pursuant to Section 15 shall be resolved by a court located in the Commonwealth of Virginia, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Unless prohibited by applicable law, you and PAF further agree that any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective or representative capacity, and that we each waive the right to a jury trial with respect to such claims.

17. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
We comply with the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of copyrighted material on our Sites, please send a notice of copyright infringement (“Copyright Notice”) to our agent designated to respond to reports of copyright infringement (“Designated Agent”). In the subject line of the Copyright Notice, please include “Re: Claim of Copyright Infringement.” The contact information for our Designated Agent is as follows:

Compliance Department
Patient Advocate Foundation
421 Butler Farm Rd
Hampton, VA 23666
Compliance@patientadvocate.org

To be effective, the Copyright Notice must be a written communication that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we receive a substantially compliant Copyright Notice, we will expeditiously remove or disable access to the allegedly infringing content. We may give notice to the user who Shared the removed content by means of a general notice on the Sites, email to the user’s email address in our records, or written communication sent by first-class mail to a user’s physical address in our records.

If you receive such a notice from us and believe that the content in question was removed as a result of mistake or misidentification, you may provide a counter-notification (“Copyright Counter-Notification”) in writing to the Designated Agent. To be effective, the Copyright Counter-Notification must be a written communication that includes the following:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

In an effort to protect the rights of copyright owners, we maintain a policy for terminating access to the Sites (where technically feasible) of users who are repeat infringers.

18. CHANGES TO THESE TERMS AND THE SITES

A. Changes to these Terms

We reserve the right to modify these Terms at any time. When we do so, we will update the “Effective Date” at the top of this agreement. For material changes, we will seek to supplement such notice by email, a pop-up message on the Sites, other prominent notice on the Sites, or by other reasonable means. By continuing to use the Sites or any portion thereof after we post any such changes, you accept these Terms as modified.

B. Termination of these Terms

These Terms will continue to apply until terminated by either you or PAF. We may terminate these Terms, or suspend or terminate your access to the Sites, at any time if (a) we believe you have breached any of these Terms, (b) we stop providing the Sites or any material component thereof, or (c) as we believe necessary to comply with applicable law. You may terminate these Terms at any time by emailing compliance@patientadvcoate.org and requesting to terminate these Terms and delete your Account. Once deleted, a confirmation will be sent to you by email.

If you or we terminate these Terms, or if we suspend or terminate your access to the Sites, you agree that (a) your right to access and use the Sites ceases immediately, (b) we shall have no liability to you in connection with such suspension or termination, and (c) except as expressly provided otherwise by PAF, we will not refund any amounts that you have already paid to us.

The following provisions shall survive the termination of these Terms: Sections 1, 2, 3, 4 (excluding the License), 5, 6, 7, 9, 10, 12, 13, 14, 5, 16, 18 and 19, and any other provisions of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.

C. Changes to the Sites

We may change, restrict access to, suspend, or discontinue the Sites, or any portion of the Sites, at any time and without notice to you. You acknowledge and agree that PAF will not be liable for any such actions.

19. MISCELLANEOUS

A. No waiver

If PAF does not exercise or enforce any legal right or remedy which is contained in these Terms (or which PAF has the benefit of under any applicable law or regulation), such inaction shall not be taken to be a formal waiver of PAF’s rights, and all such rights or remedies shall still be available to PAF.

B. Severability

If any provision of these Terms is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

C. Entire Agreement

These Terms (which, for avoidance of doubt, include all Additional Terms) set forth the entire understanding and agreement between us with respect to your use of the Sites.

D. Assignment

You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.

E. No Relationship

These Terms do not, and shall not be construed to, create any partnership, employer-employee, or agency relationship between you and PAF.

F. Interpretation

In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall be construed as if followed by “without limitation.” Titles and headings to sections herein are included for convenience only and are not intended to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, force, or breadth of any other disclaimers or limitations of liability in these Terms. When these Terms refer to a decision or action that will or may be made or taken by PAF, such decision or action shall be made, taken, or refrained from in PAF’s sole discretion and judgment.

G. Notice to California Residents

The following terms apply to California residents:

You may reach PAF at the contact information provided in Section 20. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
With respect to any limitations or disclaimers of warranties or liability included in these Terms, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

A. Admissibility

You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

20. CONTACT US
If you have any questions, comments, or concerns about these Terms, please contact us at:

Patient Advocate Foundation
Compliance Department
421 Butler Farm Road
Hampton, VA 23666
United States
Phone: +1 (800) 532-5274
Email: compliance@patientadvocate.org

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