WHAT ARE THE SERVICES?
M&B operates a membership based mobile application (the “App”) that provides access to certain third-party services to support accessible and affordable health services. The services available are offered by M&B and its third-party vendors and affiliates, which may include healthcare providers (“Providers”). By accepting these Terms, You agree and acknowledge that We do not provide clinical, laboratory, Imaging or pharmaceutical services. Our role is limited to supporting and facilitating Your access to these services via our App. Each third-party affiliate is responsible for the services provided.
YOU HEREBY AGREE AND ACKNOWLEDGE THAT M&B IS IN NO WAY PROVIDING DIAGNOSIS OR TREATMENT TO YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE INFORMATION, PROCESSES, PRODUCTS AND OTHER ITEMS REFERENCED IN THE APP ARE NOT INTENDED AS A RECOMMENDATION OR ENDORSEMENT OF ANY COURSE OF ACTION, INFORMATION, OR PRODUCT. WE EXPLICITLY DISCLAIM THE CREATION OF A PROVIDER-PATIENT RELATIONSHIP WITH YOU.
If at any time You are concerned about the advice or treatment You receive from a Provider affiliated with the App, please contact your primary care physician or other current treatment provider. If You believe or suspect or someone else advises You that You have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room.
WHILE M&B ENSURES THE CREDENTIALS OF ALL PROVIDERS THAT ARE PROVIDING SERVICES THROUGH THE APP, A PROVIDER’S USE OF OUR APP TO DELIVER CARE TO YOU IS NOT AN ENDORSEMENT OR RECOMMENDATION OF SUCH PROVIDER BY M&B. WE DO NOT PROVIDE MEDICAL ADVICE, AND WE ARE NOT RESPONSIBLE FOR OR IN CONTROL OF THE MEDICAL ADVICE PROVIDED TO YOU BY ANY PROVIDER, EVEN IF SUCH ADVICE IS PROVIDED THROUGH THE APP. WE DO NOT CONTROL OR INTERFERE WITH THE JUDGMENT OF ANY PROFESSIONALS WITH WHOM YOU MAY FORM A PROVIDER-PATIENT RELATIONSHIP THROUGH OUR MEMBERSHIP PROGRAMS.
We do confirm the credentials of any Provider using the App and validate that any such persons are in good standing with their respective licensure board(s). We do not ensure that they are using the App in accordance with laws applicable to their scope of practice. It is Your responsibility to exercise whatever due diligence You feel appropriate in selecting and maintaining Your choice of healthcare professionals.
THE SERVICES CANNOT AND ARE NOT DESIGNED, INTENDED OR APPROPRIATE TO REPLACE THE RELATIONSHIP YOU HAVE WITH YOUR HEALTH CARE PROVIDER OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES. If You have or suspect that You have an urgent medical problem or condition, please contact a qualified healthcare professional immediately. Never disregard, avoid, or delay obtaining medical advice from a doctor or other qualified healthcare provider because of something learned or instructed via the Services. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional. THE EDUCATIONAL CONTENT ON THE SITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDERS FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPY, OR OTHER TREATMENT MAY BE APPROPRIATE FOR YOU.
WHO IS ELIGIBLE TO USE THE SERVICES?
You must register to create an account (“User Account”) and become a “Member” to use the Services. To register, You must create a username and provide Your name, Your email address, and other information specified in the registration form (“Registration Data”). You may change or correct information in Your account by contacting M&B at email@example.com . You agree not to register for a User Account on behalf of an individual other than Yourself or your minor child unless You are legally authorized to bind such person to these Terms. By registering another person, You hereby represent that You are legally authorized to do so.
By registering for an account and using the Services, You represent and warrant:
- That You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law;
- If applicable, You are the legal parent or guardian of the child(ren) that will use the App; and You agree to allow your child(ren) to use the App with your supervision;
- Your registration data is true, accurate, current, and complete;
- You will update Your registration data as needed to maintain its accuracy;
- You are authorized to create a User Account (either for Yourself or another person); and
- You are legally authorized to view information stored in the App.
HOW WILL WE TELL YOU IF WE CHANGE THESE TERMS?
With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included at the end of these Terms, M&B reserves the right to change or modify these Terms at any time without prior notice to You. If we change or modify these Terms, we will let You know by (1) posting a new version of the Terms to the App; and (2) notifying You of update.
If You continue to use the Services after we have let You know that we have made changes, You agree to be bound by the modified Terms. If You do not accept the changes, You should immediately stop using the Services and delete all files associated with the Services on Your device or computer.
WHO OWNS THE M&B CONTENT AND APP?
M&B owns any educational or other content (“M&B Content”) and the App. Subject to Your compliance with these Terms, M&B grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the M&B Content and App. THE M&B CONTENT AND APP ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. You may not use the M&B Content and App for any other purpose than what is allowed under these Terms without M&B’s express written permission.
You may not use M&B’s name, trademarks, service marks, or logos, or those of third parties appearing on the App in any advertising or publicity or to otherwise indicate M&B’s or such third-party’s sponsorship or affiliation with any product or service without express written permission from M&B or such third-party.
App Store & Google Play
If You downloaded the App from the Apple App Store or Google Play (the “App Provider”), by agreeing to these Terms, You acknowledge that You understand and agree to the following:
- the Terms are only between You and M&B, and not between You and the App Provider, and only M&B is responsible for the App (not the App Provider);
- the App Provider has no obligation to furnish any maintenance or support services with respect to the App;
- in the event of any failure of the App to conform to any applicable warranty, (i) You may notify the App Provider and the App Provider will refund the purchase price for the App to You (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our the App Provider’s responsibility;
- the App Provider is not responsible for addressing any claims You have or any claims of any third party relating to the App or Your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
- in the event of any third-party claim that the App or Your possession and use of the App infringes that third party’s intellectual property rights, the App Provider will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim; and
- the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as it relates to your license of the App. This means that, upon your acceptance of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to Your license of the App against You.
Apple users only: If You downloaded the App from the App Store, the license granted to You in this Agreement is non-transferable and is for use of the App on any Apple products that You own or control.
WHAT ARE YOU PROHIBITED FROM DOING WITH THE SERVICES?
M&B imposes certain restrictions on Your use of the Services. While using the App, You shall not:
- provide false, misleading or inaccurate information to M&B, any Provider, or any other user;
- impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
- use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the App for any use, including without limitation use on third-party websites;
- access content or data not intended for You, or log onto a server or account that You are not authorized to access;
- violate any applicable law or regulation;
- attempt to probe, scan, or test the vulnerability of the App or any associated system or network, or breach security or authentication measures without proper authorization;
- interfere or attempt to interfere with the use of the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";
- forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the App;
- post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by M&B, You, or any other third-party (including another user) to protect the App;
- attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by M&B in providing the App. Any violation of this section may subject You to civil and/or criminal liability; or
- encourage or enable any other individual to do any of the above.
M&B is not obligated to monitor Your use of the Services, but We may do so to ensure Your compliance with these Terms, and to respond to law enforcement or other government agencies if and when we are required to. M&B reserves the right to suspend or terminate Your use of the Services without notice to You if You partake in any of the prohibited uses described above.
WHO PROTECTS YOUR LOGIN INFORMATION?
The App is designed to require users to create a username and password to access and use the App. Your username and password are, collectively, Your “User Credentials.” You are solely responsible for (A) maintaining the strict confidentiality of Your User Credentials, (B) not allowing another person to use Your User Credentials to access the App, (C) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under Your User Credentials, regardless of whether You were aware of those activities. You agree to immediately notify M&B in writing by email of any unauthorized use of Your User Credentials or any other compromise of the security of Your User Account.
M&B WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. M&B IS NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL DATA, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
You may be held liable for any losses incurred by M&B its affiliates, officers, directors, employees, consultants, agents, and/or its representatives (“Related Parties”) due to someone else’s use of Your account or password, regardless of whether You were aware of such use.
HOW DOES M&B PROTECT YOUR PRIVACY?
We are not responsible for nor liable to You or any third party for a third party’s treatment of Personal Data, including any collection, use, disclosure, storage, loss, theft or misuse of Personal Data, whether or not such treatment violates applicable law.
COMPUTER EQUIPMENT AND INTERNET ACCESS
You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, "Systems") necessary for You to access and use the Services. This includes, without limitation, obtaining internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software, allowing Us permissions to access your voice and camera functions to provide You with the Services. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems.
THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.
HOW DO YOU OPT-OUT OF RECEIVING EMAILS FROM M&B?
In providing the Services, You may receive periodic email and text / SMS communications regarding the Services, new product offers and information regarding the Services, which are part of the Services and which You cannot opt out of receiving. We may also use the App, email address or phone number to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such notifications, you may opt-out or change your preferences in your settings page. Opting out may prevent you from receiving notifications including notices regarding updates, improvements, or offers. You will not be able to opt-out from receiving Service and payment related notifications from M&B.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Services will be in accordance with these Terms and all applicable laws, regulations, rules. Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA WITH US.
WARRANTY DISCLAIMERS & LIMITATION OF LIABILITY
NO MEDICAL ADVICE
M&B is acting solely as a technology platform that enables You to access healthcare services and connect with Providers. We do not supervise those Providers or direct such Providers in the way they provide You with medical or clinical care. We do not make any representations or warranties to You about whether the Provider’s medical services to You are suitable, reliable, timely or accurate, all of which are the responsibility of the Provider.
THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. M&B EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM M&B OR THROUGH THE APPLICATION OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITHIN THE APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APP, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND OTHER AUTHORIZED THIRD PARTIES. YOU UNDERSTAND THAT M&B DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE APP, NOR DOES M&B VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF ANY SUCH USERS OF THE APP. M&B MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE APP, INCLUDING, WITHOUT LIMITATION, PROVIDERS.
M&B CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. M&B CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE APP.
YOUR RESPONSIBILITY FOR OUR LOSS OR DAMAGE
YOU AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. YOU WILL NOT HOLD M&B OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE APP REMAINS WITH YOU. NEITHER M&B NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, MAINTAINING, OR DELIVERING THE APP WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE APP OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT M&B HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE APP OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE APP. YOU ACKNOWLEDGE THAT IF YOU USE THE APP DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. M&B IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED IN THE APP. M&B IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY PROVIDERS OR CLINICIANS, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE APP. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, M&B’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE APP MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS M&B, ITS RELATED PARTIES AND THEIR RESPECTIVE AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SERVANTS AND REPRESENTATIVES OF EACH FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SERVICES, YOUR VIOLATION OF THIS AGREEMENT, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES THROUGH YOUR ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE. IF YOU ARE A CALIFORNIA RESIDENT, YOU 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.”
These Terms are governed by the laws of the State of New York without regard to its conflict of laws principles. The courts of the State of New York have jurisdiction over any action arising under these Terms or Your use of the Services.
HOW AND WHEN CAN YOUR ACCOUNT BE TERMINATED?
If You breach any of these Terms, we may suspend or disable Your account or terminate Your access to the Services without prior notice to You. There may be other instances where We may need to terminate Your access to the Services that are not related to any of Your actions or inactions. We reserve the right to terminate Your access to and use of the Services at any time, with or without cause.
If You wish to cancel your membership, please contact M&B at firstname.lastname@example.org , and you will continue to have access to the App and Services through the end of the applicable billing cycle. To avoid payment, you must provide us notice of cancellation three days prior to the end of the billing cycle or free trial period. When you cancel your membership, We will close your account at the end of the applicable billing cycle.
HOW DO YOU PROVIDE US FEEDBACK AND WHO OWNS IT?
All notices required or permitted to be given under these Terms must be in writing. M&B shall give any notice (i) by email sent to the most recent email address, if any, that You have provided to Us or (ii) by posting to the App. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from M&B electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH M&B IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY M&B OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.
You shall give any notice to M&B by email to: email@example.com . Notice to M&B shall be effective upon receipt of notice by M&B
*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*
Most user concerns can be resolved quickly and to Your satisfaction by emailing M&B support at firstname.lastname@example.org. In the unlikely event that our support team is unable to resolve a complaint You may have (or if M&B has not been able to resolve a dispute it has with You after attempting to do so informally), including but not limited to any alleged breach of these Terms, You and M&B agree to resolve the dispute through binding arbitration virtually before a single arbitrator, in accordance with the rules and procedures of the American Arbitration Association and the laws of the State of New York. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs and other costs incurred by the party that does not win the dispute.
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. Any arbitration will be strictly confidential and neither party will disclose to any person (other than necessary to carry out the arbitration) the existence of the dispute or any aspect of the dispute.
This agreement to arbitrate will not preclude You or M&B from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or M&B from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN NEW YORK; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
Exceptions to Agreement to Arbitrate: M&B may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the App or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.
Notwithstanding the above, You can decline or “opt out” of the alternative dispute resolution process described above by contacting email@example.com within 30 days of first accepting these Terms and stating that You (first and last name) decline this dispute resolution process.
If You opt-out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, You hereby submit to the exclusive jurisdiction of any state or federal court sitting in the State of New York within twenty-five (25) miles of New York, New York in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and You hereby waive any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.
GENERAL CONTRACT LANGUAGE
These Terms shall be governed by the laws of the State of New York without reference to its conflict of laws provisions.
You may not assign or transfer these Terms, by operation of law or otherwise, without M&B’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. M&B may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
The failure of M&B to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of M&B Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.
Med&Beyond A.I. Inc.
1460 Broadway St. New York, NY 10036
DATA SECURITY OFFICER:
Carrine-Belle Feder at firstname.lastname@example.org