Terms of Use
Last Modified: October 26, 2026
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.
NOTICE - THIS AGREEMENT INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. BY USING THE WEBSITE AND AGREEING TO BE BOUND BY THIS AGREEMENT, YOU AGREE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT YOU MAY HAVE TO A TRIAL BY JURY, ANY RIGHT YOU MAY HAVE TO A COURT TRIAL, OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING AGAINST US OR RELATED THIRD PARTIES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT. PLEASE CLICK HERE TO READ SECTION 9 OF THIS AGREEMENT FOR FURTHER DETAILS.
You Again Medical, LLC (the “Practice,” “we,” “us,” or “our”) is pleased to provide you access to and use of youagainmedical.com, including any information, content, interfaces, tools, functionality, or services offered on or through youagainmedical.com (collectively, the “Website”), subject to your agreement to comply with these terms and conditions of access and use (the “Agreement”).
BY ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT AS UPDATED FROM TIME TO TIME. BY ACCESSING OR USING THE WEBSITE, YOU CONSENT TO RECEIVE COMMUNICATIONS FROM THE PRACTICE ELECTRONICALLY, INCLUDING BY EMAIL OR POSTING ON THE WEBSITE. YOU AGREE THAT ALL AGREEMENTS, NOTICES, DISCLOSURES, AND OTHER COMMUNICATIONS THE PRACTICE PROVIDES ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING, TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT OR ARE UNWILLING TO ABIDE BY ANY TERM OR CONDITION, DO NOT ACCESS OR USE THE WEBSITE. ACCORDINGLY, YOUR ACCEPTANCE OF THIS AGREEMENT OR USE OF THE WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS AND GIVES RISE TO A BINDING LEGAL AGREEMENT BETWEEN THE PRACTICE AND YOU GOVERNING YOUR USE OF THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU HEREBY AGREE AND REPRESENT AS FOLLOWS:
1. The Website Is Not Medical Advice or Services.
THIS WEBSITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER. DO NOT USE INFORMATION PROVIDED VIA THIS WEBSITE TO DIAGNOSE OR TREAT A HEALTH CONDITION OR DISEASE WITHOUT CONSULTING A QUALIFIED HEALTHCARE PROVIDER. THERE IS NO PHYSICIAN-PATIENT RELATIONSHIP ARISING SOLELY BY VIRTUE OF USING THIS WEBSITE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ VIA THIS WEBSITE. DO NOT USE THIS WEBSITE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911, YOUR PERSONAL PHYSICIAN, AND/OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
2. Changes to this Agreement.
The Practice reserves the right, in our sole discretion, to change, modify, update, add, or delete portions of this Agreement at any time by notifying you of the changes in writing, including by email or by updating the date following “Last Modified” at the top of this page. It is your responsibility to regularly check for changes to this Agreement and to review such changes. All changes to this Agreement are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued access or use of the Website after any such changes constitutes your acceptance of the new Agreement.
You may not amend this Agreement unless the amendment is in writing and signed by both you and the Practice.
3. Agreement is Effective Until Terminated.
This Agreement is effective until terminated. We reserve the right, in our sole discretion to refuse, delete, suspend, or terminate your access to or use of the Website and Practice Content at any time, with or without notice, including because of your violation of this Agreement. Your rights under this Agreement will terminate automatically without notice from us if you fail to comply with any of the terms or conditions of this Agreement. It is a violation of this Agreement to use the services of another company for the purpose of facilitating any activities that violate this Agreement and any actual, indirect, or attempted violations of this Agreement by a third-party acting on your behalf, shall be deemed violations by you of this Agreement.
Provisions of this Agreement that require or contemplate performance after the termination of this Agreement shall survive and be enforceable after the termination of this Agreement.
Upon the termination of this Agreement, you shall cease all use of the Website. If your rights to use the Website are terminated, you may immediately lose access to any information that may be on our systems.
4. Changes to the Website.
The Practice reserves the right, in its sole discretion, without notice to you, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify, suspend, terminate, withdraw, or discontinue, without compensation to you, including, but not limited to, by (i) restricting the availability of all or any part of the Website, (ii) restricting the amount of permitted use of all or any part of the Website, and (iii) restricting or terminating any user’s right of all or any part of the Website; or (b) offer opportunities to some or all users of all or any part of the Website. Any new features or updated content, feature, or functionality that we make available as a part of the Website will be subject to this Agreement. Practice Content is not necessarily complete or up-to-date and we are under no obligation to maintain or update Practice Content. You agree that the Practice will not be liable to you or to any third-party for any modification, suspension, termination, withdrawal, or discontinuance of all or any part of the Website, in whole or in part, or of any service, content, or feature offered through the Website. You agree that the Practice will not be liable to you or to any third-party if for any reason all or any part of the Website is unavailable at any time or for any period.
5. Intellectual Property Rights.
Ownership of Practice Content
The Website and (i) (a) its design, features, and functionality, (b) any content, information, text, displays, graphics, button icons, images, videos, audio, contained in or generated by the Website and the design, selection, and arrangement thereof, (c) any accompanying reports or data, and (d) any software, code, files, embedded software, in each case, including third party software; (ii) documentation ((i) and (ii) collectively, the “Practice Content”); and (iii) any related intellectual property, including patents, copyrights, the Practice Marks (as defined below), trade secrets, know how, and other similar rights or protectable attributes (collectively, “Practice Intellectual Property”), and any improvements to the foregoing, regardless of whether such improvements resulted from a comment, suggestion, or recommendation that you made to the Practice, are owned by the Practice or its licensors. Except for the limited licenses granted to you by this Agreement, all title and rights to the Website, the Practice Content and the Practice Intellectual Property remain with the Practice. This Agreement does not transfer any title or rights to the Website, Practice Content, or Practice Intellectual Property to you. The Practice reserves all rights not expressly granted to you, and except as provided in this Agreement, the rights granted by this Agreement are non-transferable and do not include any intellectual property rights.
The Website, Practice Content and Practice Intellectual Property Rights are protected by United States laws, including those governing copyrights, trademarks, patents, trade-secrets, and other intellectual property or proprietary rights.
The Practice, the Practice logo, and all related names, brands, designs, logos, slogans, trademarks, and service marks (collectively, “Practice Marks”) are trademarks of the Practice or its affiliates or licensors. Not all marks of the Practice will appear on the Website. Marks of third-parties may appear on the Website when referring to those entities or their products or services. Third-party marks displayed on the Website are owned by their respective owners. Practice Marks may not be used without the prior written permission of the Practice.
The Website and Practice Content are protected by copyright. Neither the Website nor any Practice Content may be copied, reproduced, republished, uploaded, broadcast, posted, transmitted, shared, modified, used to create derivative works, or distributed. Further, you acknowledge and agree that the existence of a copyright notice on copies of the Website or the Practice Content is not an admission or presumption that the publication of the Website or Practice Content has occurred or is intended.
YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE WEBSITE, PRACTICE CONTENT, PRACTICE MARKS, OR ANY OTHER PRACTICE PROPERTY EXCEPT AS PROVIDED IN THIS AGREEMENT.
THE PRACTICE TAKES THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS, VERY SERIOUSLY. THE PRACTICE WILL TERMINATE YOUR ACCESS TO, OR USE OF, ALL OR ANY PART OF THE WEBSITE, WITHOUT NOTICE TO YOU, IF YOU INFRINGE OR MISAPPROPRIATE THE INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS, OF THE PRACTICE OR OTHERS.
6. Limited Right to Use the Website and Practice Content.
Solely to enable your use of the Website and subject your compliance with all terms and conditions set forth in this Agreement, the Practice hereby grants you a non-exclusive, non-sublicensable, non-transferrable, revocable, limited license to (i) access and use the Website (as changed, modified, or upgraded by the Practice from time to time in its sole discretion) and (ii) to view and display Practice Content in connection with your use of the Website. In addition, this Agreement does not entitle you to receive, and does not obligate the Practice to provide, technical support services, medical advice or services, telephone assistance, or enhancements or updates to the Website. In accordance with this license, you may access the Website and Practice Content on computer and mobile devices as necessary for your personal, non-commercial, legitimate use.
Prohibited Uses of the Services
You understand, acknowledge, and agree that unless expressly permitted by this Agreement or in writing by the Practice, you will not:
- resell, transfer, modify, copy, duplicate, create, or re-create the Website, programs, offerings, services, or other aspects of the Website, or the Practice Content;
- amend, alter, change, remove, mutilate, modify, or delete the Website, any Practice Content, any Practice Marks, any copyright or proprietary notice contained within the Website or Practice Content, or any copies thereof;
- impersonate or attempt to impersonate the Practice, or its employees, or another user, or modify any software or other website to imply falsely that such other software or website is associated with the Practice or the Website
- hack, attempt to gain unauthorized access to, interfere with, damage, disable, impair, or disrupt any parts of the Website, or any server, computer, database, or other system associated with or connected to the Website, whether directly or through the use of viruses, Trojan horses, worms, or other material that is malicious or technologically harmful;
- use any device, software, or routine that overburdens the Website or interferes with the proper working of the Website, including through the use of any denial-of-service attack or distributed denial-of-service attack;
- access the Website through automated means (i.e., through bots, robots, spiders, scrapers, etc.) for any purpose;
- use the Website 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, and any laws regarding privacy, online conduct, or acceptable online content); or
- engage in any other conduct that restricts, inhibits, or interferes with any other party’s use or enjoyment of the Website, or, as determined by us, may harm the Practice or users of the Website, or expose them to liability.
WITHOUT LIMITING THE FOREGOING, THE PRACTICE HAS THE RIGHT, TO THE EXTENT PERMITTED BY LAW, TO FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDERS REQUESTING OR DIRECTING THE PRACTICE TO DISCLOSE YOUR IDENTITY, INFORMATION, OR ANY INFORMATION YOU HAVE PROVIDED ON OR THROUGH THE WEBSITE. YOU WAIVE AND HOLD HARMLESS THE PRACTICE, ITS AFFILIATES AND ITS SERVICE PROVIDERS FROM ANY CLAIMS OR CAUSES OF ACTION RESULTING FROM ANY ACTION TAKEN BY THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE PRACTICE OR LAW ENFORCEMENT AUTHORITIES.
7. Third-Party Materials.
The Website may contain (i) third-party software components; or (ii) embedded links to sites, applications, or content hosted or provided by third parties, such that the content appears in the interface of the Website (collectively (i) and (ii), the “Third-Party Materials”). Such Third-Party Materials may have terms and conditions, including privacy policies, which are separate and apart from this Agreement, but apply to you simultaneously. It is your responsibility to read and understand such terms and conditions, including the privacy terms. If there is any conflict between this Agreement and any terms or notices set forth with respect to any Third-Party Materials, then the terms of such Third-Party Materials will control your use of such Third-Party Materials. By using the Website, you represent to the Practice that you have read and agree to abide by the terms applicable to the Third-Party Materials and expressly relieve the Practice from any and all liability arising from your use of any Third-Party Materials.
8. Disclaimers, Indemnities, and Limitations on Liability
Liability and Warranty Disclaimer.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT NEITHER THE WEBSITE NOR THE PRACTICE CONTENT ARE MEDICAL ADVICE OR SERVICES, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. IN ADDITION, YOU ASSUME THE TOTAL RISK AND RESPONSIBILITY FOR USE OF THE WEBSITE AND UNDERSTAND AND ACKNOWLEDGE THAT ANY PERSONAL INJURY, LOSS OF DATA, DATA ERRORS, DAMAGE TO YOUR COMPUTER SYSTEM, INCOMPLETE TRANSACTIONS, SYSTEM DOWNTIMES, OR ANY OTHER ISSUES YOU EXPERIENCE USING THE WEBSITE ARE AT YOUR SOLE RISK AND ARE NOT THE RESPONSIBILITY OF THE PRACTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY SERVICES PERFORMED OR PROVIDED BY THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU UNDERSTAND AND AGREE THAT THE WEBSITE WILL NOT BE UNINTERRUPTED OR ERROR FREE AND THAT THE PRACTICE MAY NOT CORRECT ALL ERRORS. YOU ACKNOWLEDGE, REPRESENT, AND AGREE THAT YOU WILL SEEK THE CARE OF A HEALTHCARE PROVIDER AS NEEDED. NOTHING IN THIS AGREEMENT LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRACTICE DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ANY SERVICES PERFORMED OR PROVIDED BY THE WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE PRACTICE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE WEBSITE WILL BE CAPABLE OF REDUCING THE IMPACT OF, OR TREATING, ANY MEDICAL INDICATION, THAT THE OPERATION OF THE WEBSITE OR SERVICES PERFORMED OR PROVIDED BY THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR SERVICES PERFORMED OR PROVIDED BY THE WEBSITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE PRACTICE OR ANY OF ITS RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. MOREOVER, NOT ALL THE FUNCTIONALITY AND FEATURES SET FORTH IN THIS AGREEMENT WILL NECESSARILY BE AVAILABLE IN THE INITIAL VERSION (OR ANY FUTURE VERSION) OF THE WEBSITE, AND NO MENTION OF SUCH FUNCTIONALITY OR FEATURES HEREIN SHOULD BE CONSTRUED AS A PROMISE TO PROVIDE SUCH FUNCTIONALITY OR FEATURES IN THE WEBSITE OR IN ANY OTHER PRODUCT OFFERED BY THE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PRACTICE OR ITS RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, DIRECTORS, MEMBERS, OR MANAGERS BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT, INCLUDING, WITHOUT ANY LIMITATION, ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, PERSONAL INJURY, PROCUREMENT OF SUBSTITUTE GOODS OR SUBSTITUTE SERVICES, OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), REGARDLESS OF WHETHER SUCH DAMAGES ARE CHARACTERIZED AS DIRECT DAMAGES OR AS INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND EVEN IF THE PRACTICE, OR ITS AFFILIATES ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS ON LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT. YOU AND THE PRACTICE HEREBY ACKNOWLEDGE AND AGREE THAT BOTH YOU AND THE PRACTICE WOULD NOT BE ABLE TO PERFORM HEREUNDER ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY CAUSED DIRECTLY BY THE NEGLIGENCE OF THE PRACTICE, THE LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY THE FRAUDULENT MISREPRESENTATION OF THE PRACTICE, OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ALL OR A PORTION OF THIS LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRACTICE’S TOTAL, AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THREE HUNDRED SIXTY DOLLARS ($360.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
The foregoing states the entire obligation of the Practice and your exclusive remedy arising out of your use of the Website and the Practice Content.
Indemnification.
YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR YOUR CONDUCT WHILE USING THE WEBSITE AND FOR ANY INFORMATION SUBMITTED THROUGH THE WEBSITE. ACCORDINGLY, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE PRACTICE, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, CONTRACTORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST, OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT THE PRACTICE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM, SUIT, OR DEMAND IN RELATION TO YOUR USE OF THE WEBSITE, YOUR ACCESS TO THE WEBSITE, THE INFORMATION YOU SUBMIT THROUGH THE WEBSITE, OR YOUR VIOLATION OF EITHER THIS AGREEMENT OR THE RIGHTS OF ANY THIRD PARTY. THE PRACTICE SHALL HAVE THE RIGHT TO CONTROL AND DIRECT THE DEFENSE OF ANY THIRD-PARTY CLAIM OR ACTION PURSUANT TO THIS SECTION, INCLUDING THE RIGHT TO SETTLE THE CLAIM, AND YOU AGREE TO PROVIDE YOUR FULL AND COMPLETE ASSISTANCE AND COOPERATION TO THE PRACTICE.
9. Dispute Resolution Agreement.
All matters relating to the Website and Practice Content and any disputes, controversies, claims (whether based on contract, tort, statute, or other legal or equitable theory) between you and the Practice arising out of or relating to (1) this Agreement (including the breach, termination, or validity thereof), the Website, or the Practice Content or (2) whether any particular dispute, controversy, or claim is a Dispute (as defined below) under this Agreement (each a “Dispute”) will be resolved to the fullest extent permitted under applicable law solely and exclusively pursuant to the provisions of this Section 9 (the “Dispute Resolution Agreement”). Each party represents and warrants that unless prohibited by applicable law it will only resolve Disputes pursuant to this Dispute Resolution Agreement.
WAIVER OF JURY TRIAL, COURT TRIAL, AND CLASS ACTION RIGHTS. YOU KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY ACTION, SUIT, OR PROCEEDING RELATING TO A DISPUTE SUBJECT TO EXCLUSIVE DISPUTE RESOLUTION PURSUANT TO THIS SECTION 9 OR THE ENFORCEMENT OF ANY AWARD (AS DEFINED BELOW). YOU ALSO WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING AGAINST US OR RELATED THIRD PARTIES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT.
Confidentiality. The existence of any Dispute and any documents, evidence, or other materials disclosed by you or the Practice to the other party, to the Mediator (as defined below) or the Arbitrator (as defined below) as a part of any Dispute, the Award (as defined below), and any other information relating to the resolution of any Dispute under this Agreement (collectively, the “Dispute Confidential Information”) shall be kept confidential, and there shall be no disclosure of any confidential information under this Section 9 except to a party’s legal or financial advisors (subject to an obligation of confidentiality) or as necessary to enforce this Agreement or any decision of the Arbitrator pursuant to this Agreement.
Governing Law. This Dispute Resolution Agreement, including the breach, interpretation, validity, or enforceability thereof, and the enforcement of any Award (as defined below) or decision of the Arbitrator (as defined below) pursuant to this Agreement shall be governed by the United States Arbitration Act, 9 U.S.C. §§1 et seq. (“FAA”), to the exclusion of any provision of law inconsistent therewith or which would produce a different result. If it is determined that the FAA does not apply to any of the foregoing, then the laws of the State of Alabama shall apply without regard to choice of law principles. In resolving a Dispute (including regarding applicability of statutes of limitation), the Arbitrator shall apply, without regard to choice of law principles, the substantive laws of the State of Alabama.
Court Proceedings; Forum Selection; Confidentiality. To the fullest extent permitted by applicable law, you agree that you will resolve all Disputes against us first through informal resolution and then by arbitration in accordance with Section 9.6 of this Agreement. You agree that you will bring any claim or controversy regarding this Agreement or the matters contemplated by this Agreement that cannot be submitted to binding arbitration under Section 9 of this Agreement (if any) solely and exclusively in the state or federal courts located in Mobile, Alabama. We may bring any Dispute against you in any court of competent jurisdiction, including in your country of residence or any other relevant country, and you hereby waive any and all objections to jurisdiction and venue of such courts. In addition, in no event will the terms of this Section 9 limit our right to investigate complaints or reported violations of this Agreement or to take any action we deem necessary and appropriate to mitigate actions against us, including reporting any suspected unlawful activity to law enforcement officials, regulators, or third parties.
Dispute Resolution Procedures.
Notice of Dispute. You shall commence the resolution of a Dispute only by providing a written notice of Dispute (the “Dispute Notice”) to the Practice explaining in reasonable detail the general nature of the Dispute and the relief or remedy sought. We may, in our sole discretion, commence the resolution of a Dispute by providing a Dispute Notice to you.
Informal Resolution. If you provide a Dispute Notice, you will give us 30 days from the date of our receipt of the Dispute Notice to resolve the Dispute to your reasonable satisfaction before commencing arbitration. If we do not resolve the Dispute in this 30-day period, you may then, and only then, submit the Dispute to binding arbitration. The Practice may, but is not required to, provide you with 30 days to resolve a Dispute that the Practice has against you. The Practice may commence arbitration of a Dispute at anytime.
Arbitration. Any arbitration shall be in accordance with the 2018 International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Non-Administered Arbitration (the “CPR Rules”). Either party (“Claimant”) may commence an arbitration by sending a notice of arbitration to the other party (“Respondent”) in accordance with the CPR Rules. Any arbitration conducted under this Agreement shall be heard by a sole arbitrator (the “Arbitrator”) qualified by education, training, and experience to resolve the Dispute. The seat of any arbitration shall be Mobile, Alabama. The Arbitrator shall fix a reasonable time and place for any hearings (which may be telephonic or by video conference) and shall determine the Dispute pursuant to the provisions of this Agreement in a timely manner, with the expectation that, absent special circumstances, a final hearing (which may be telephonic or by video conference) will be held within two (2) months after the selection of the Arbitrator. The Arbitrator shall render his or her decision (the “Award”) in writing within ten (10) business days of the conclusion of the final hearing to determine the Dispute and shall state the reasoning on which the award rests unless the Parties agree otherwise. The Parties agree that except as provided otherwise in this Agreement, the Arbitrator shall have the broadest powers allowable under applicable law, including that the Arbitrator, and not any federal, state, or local court or agency, 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 Agreement or whether any particular claim or controversy is a Dispute subject to arbitration under this Agreement. The Arbitrator will not have the power to conduct any form of class or collective arbitration nor to join or consolidate Disputes against us with Disputes brought against us by any other persons. Discovery shall be limited to the exchange of documents among the Parties to the arbitration. Depositions are not allowed. No discovery requests may be made to any person that is not a party to the arbitration. The responsibility for paying the costs of the arbitration (as defined in Rule 17.2 of the CPR Rules) shall be apportioned among the Disputing Parties in a manner determined by the Arbitrator to be reasonable, taking into account the circumstances of the case, the conduct of the parties during the proceeding, and the result of the arbitration.
Arbitration Award. Any Award of an Arbitrator shall be final and binding on the Disputing Parties, and the Disputing Parties will undertake to carry out the award without delay. An Award may not be appealed except to the limited extent permitted by the FAA. Judgment upon an Award rendered by the Arbitrator may be entered by any court having jurisdiction. All Disputing Parties will act in good faith to avoid submitting an Award to a court and will endeavor in good faith to abide by any Award without the intervention of a court. Any claim or controversy regarding the interpretation of an Award or the applicability of an Award to any party shall be considered a Dispute subject to resolution pursuant to this Agreement.
Injunctive Relief. You understand and agree that a breach or threatened breach of this Agreement will cause the Practice irreparable damage for which the recovery of money damages alone would be inadequate. Therefore, the Practice will be entitled to obtain injunctive relief in any court of competent jurisdiction to protect and enforce the Practice’s rights under this Agreement in addition to any and all remedies available at law without the requirement to post a bond (or with the posting of a nominal bond if a bond is required by applicable law). In addition, if we believe that you have acted or failed to act in any manner that may cause harm to us or any third party, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. For Disputes you bring against us, the Arbitrator shall have the sole authority to grant injunctive relief, including preliminary injunctive relief.
Limitations of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected in any way with this Agreement, the Website, or Practice Content, must be submitted to the Practice in a proper Dispute Notice pursuant to this Section 9 within twelve (12) months of the date the facts giving rise to the suit were known or should have been known by you, or be forever barred.
Complaints. Nothing in this Section 9 prohibits or limits your right to complain to the Practice or to the Secretary of the U.S. Department of Health and Human Services regarding your privacy rights. The Practice will not penalize you for filing a complaint.
10. Text Message Terms of Use
The Practice may provide you with an opportunity to opt in to receive text messages and/or calls on your mobile device as part of its messaging program. Messages will be provided in accordance with this Section 10.
Description, Scope, and Consent
The Practice offers service-related communications, appointment communications, and other informational messages.
By providing your telephone number, you consent to receive automated text messages from the Practice for the following purposes: (a) appointment reminders and confirmations; (b) pre-appointment instructions and follow-up care reminders; (c) scheduling changes, cancellations, rescheduling notifications, or other updates related to your appointments; and (d) communications directly related to services you have requested or your account with the Practice.
Informational messages do not contain marketing, promotional, or advertising content.
Your consent to receive informational messages is voluntary and not a condition of scheduling an appointment, receiving services, or purchasing any goods or services from the Practice.
You may receive services or purchase goods from the Practice without consenting to participate in the messaging program or receive any text messages.
By opting in to the messaging program, you acknowledge and agree that your information, including your telephone number, will be processed in accordance with this Section 10, the Practice’s Privacy Policy or Notice of Privacy Practices, as appropriate.
To receive informational messages, you must be a resident of the United States and 18 years of age or older. The Practice reserves the right to prove that you are at least 18 years of age.
Opt-Out
To opt-out of text messages, reply STOP, QUIT, END, REVOKE, OPT-OUT, CANCEL, UNSUBSCRIBE or any similar keyword to any text message you receive from us. You may also contact us at info@youagainmedical.com or in person at the location where you are seen.
After we receive your request to opt-out, we will send you a message to confirm your request. It may take up to 10 days to process your request, after which you will no longer receive messages from us.
If you want to participate in the message program again, sign up as you did initially and we will re-send messages.
Message Rate and Frequency
Message frequency may vary. For informational messages, frequency is based on your appointment schedule or other activity. Message and data rates may apply for any messages sent to and from you. Contact your wireless provider if you have any questions about your text or data plan.
Support
If you are experiencing issues with the messaging program you can reply with the keyword HELP to any message you receive from us or contact us at info@youagainmedical.com for assistance. If you text HELP to any message, you will receive a response that includes the program name You Again Medical Text Messaging Program, customer support contact information, and instructions on how to opt-out.
Wireless Carriers
Carriers are not liable for delayed or undelivered messages. The messaging program may not be available on all wireless carriers. The Practice may add or remove any wireless carrier from this program at its discretion and without notice to you. Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions outside the control of the Practice, and the Practice is not responsible or liable for any issues beyond the Practice’s control.
Your Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide, or that you have the account holder’s authorization to opt in to receive messages at that number. You are responsible for notifying the Practice immediately if you change your mobile telephone number or transfer your number to another person. You agree to INDEMNIFY the Practice and its affiliates for all claims, expenses, attorneys’ fees and damages arising from or related to your failure to notify the Practice of a change in your telephone number, including, but not limited to, all claims, expenses, attorneys’ fees and damages arising from or related to the Telephone Consumer Protection Act.
Changes
The Practice may change or update this Section 10 from time to time. Your continued consent to receive messages from the Practice indicates your acceptance of this Section 10 and any changes to this Agreement.
Termination
The Practice may suspend or terminate your participation in the messaging program if the Practice believes you are in breach of this Section 10 or the Agreement. Your participation in the messaging program is also subject to termination if your mobile telephone service terminates or lapses. The Practice, in its sole discretion, may modify or discontinue, temporarily or permanently, all or any part of the messaging program, with or without notice to you.
11. Additional Terms and Conditions.
Global Availability.
The Website and Practice Content are available only for use by United States residents. Use by residents outside of the United States is strictly prohibited. If you live outside of the United States and access the Website, you are responsible for compliance with local laws.
Use by Children under the Age of 18.
You must be at least 18 years of age to use this Website. Please visit the Practice’s Privacy Policy to understand the personal data collected.
Use Of Information.
“Protected Health Information,” as that term is defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended from time to time, is governed by our HIPAA Notice of Privacy Practices. All other personal data and information you provide or the Practice collects through the Website is subject to the Practice’s Privacy Policy, which forms a part of this Agreement and can be accessed at youagainmedical.com/privacy.
Except where prohibited by law, by using the Website, you understand, acknowledge, and consent to all actions we take with respect to your information in accordance with the Privacy Policy. By submitting your contact information through the Website, you consent to receive communications from the Practice electronically.
Accessibility.
The Practice is committed to improving the accessibility and usability of its Website for all users, including individuals with disabilities. Website accessibility and usability are guided by relevant portions of the Web Content Accessibility Guidelines 2.1 (WCAG 2.1), Level AA. The Practice’s work is ongoing and your feedback is important to us as we work to overcome website code limitations. If you require any assistance using or access our Website, please contact us at info@youagainmedical.com.
Third-Party Websites.
We assume no responsibility for any third-party websites that link to our Website. If a third-party links to our website, it does not imply that we endorse, authorize, sponsor or are affiliated with that third party.
Miscellaneous.
This Agreement is the complete and entire agreement between you and the Practice pertaining to the subject matter of this Agreement. It supersedes and replaces any and all prior or contemporaneous agreements, understandings, communications and discussions between you and the Practice relating to this Agreement, the Website, and your use of the Website and the Practice Content. The failure of the Practice to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision nor prejudice the Practice’s right to take subsequent action. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found unlawful, void, or enforceable by a court based upon any written decree, that provision shall be modified to the extent necessary to render it enforceable without losing its intent or it shall be deemed severable from this Agreement if no modification is possible. The remainder of this Agreement shall remain in full force and effect, and modification or severance of any one provision shall not affect the validity and enforceability of any of the remaining provisions.
How to Contact Us.
To ask questions, to raise a concern about the Website or the Practice Content, to request a copy of this Agreement, or to give a notice required under this Agreement, you may contact us at:
8345 Morphy Avenue
Fairhope, AL 36532