quilted health terms of service

a) Applicability. These Terms apply to several categories of users: (1) visitors to our Sites (“Visitors”); (2) Patients of the Practices (“QH Patients”); (3) Providers who use Maternity Neighborhood (“MN Providers”); and (4) patients of independent practices (“Network Patients”).  Collectively, Visitors, QH Patients, MN Providers and Network Patients are hereinafter referred to as “Users” or “you,” and unless otherwise specified below, either in text or in a section heading, these Terms apply to all Users. 

b) Registered Users. The Sites may allow you to register for certain Services by providing a username/email address (“User ID”) and password and thus become a Registered User. These are your credentials for accessing portions of the Journey Health Sites appropriate to your type of use of the Sites. You are responsible for protecting your User ID and password and should log out at the end of each session. You are responsible for all activity on your Account, and you are responsible for any internet or data charges you may incur when accessing the Sites or Services.  You agree to immediately inform us if your User ID is compromised, meaning someone may have access to or have used your User ID without your permission.

c) Registered Users Representation and Warranties. By registering for an account on the Sites (“Account”) as a Registered User, you represent and warrant (meaning you agree) that (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information, and provide updated information if the submitted information changes or is otherwise no longer accurate; and (c) that you are at least 18 years old or if under 18, are a parent, pregnant, or declared emancipated by a court order or otherwise determined to be an emancipated minor as determined by the state where you live. 

d) QH Patients and Network Patients. If you register as a Registered User because you have been invited to do so by a Practice or your provider so that you can access your health records and communicate with your Provider via the Sites, then please be advised that Journey Health is a business associate or contractor of your Provider under the federal health care privacy and security laws and regulations known as HIPAA, and that we will be storing and sharing your health information in accordance with the NPP provided to you by your provider; for QH Patients, the NPP is available here.

a) Overall. Users can access our Services as set forth on our Sites. Please see our Privacy Policy for further information on our treatment of personal information not protected by HIPAA. 

b) Informational Purposes Only. OUR SITES AND SERVICES SHOULD NEVER BE USED FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS, OR INSTANCES WHERE SOMEONE MAY BE IN DANGER OR REQUIRE IMMEDIATE ASSISTANCE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. The materials provided on Journey Health’s Sites (“Content”) are for informational purposes only. Seeking emergency care should not be delayed based on anything that appears or does not appear on the Sites. 

QH Patients and Network Patients may be able to and may interact with certain providers via the Sites. Always seek the advice of your health care provider in connection with questions or concerns about your health. Never disregard professional advice or delay seeking it because of something you read on the Sites. Journey Health does not employ health care provider(s) whom you may contact via the Sites or otherwise, and Journey Health is not licensed to practice medicine, nursing or midwifery. The Practices and/or the MN Providers employ or contract with licensed professionals and midwives. 

You may terminate the use of our Services at any time by no longer using the Services. To the fullest extent permitted by law and except as set forth in another written agreement between you and Journey Health, you agree that:

a) We, at our sole discretion, may immediately suspend, cancel, block or terminate your access to the Sites or any part of the Services at any time, without notice, for any reason, without cause.  We may suspend or terminate your account if we believe you provided inaccurate or incomplete registration data, used a false identity or impersonated another person when registering, or registered for a new account if your Account has been suspended.

b) We, at our sole discretion, may at any time modify the Services or modify, suspend, or discontinue the Sites, or any part thereof, with or without notice. 

c) We will not be liable to you or to any third party for any modification of the Services or modification, suspension, or discontinuance of your access to the Sites, to the fullest extent permitted by law and except as set forth in another written agreement between you and Journey Health.

a) Consent to Electronic Communications. When you provide us with your e-mail and/or phone number or communicate with us electronically via e-mail, text message, or messages via our Sites, you consent to receive communications from us electronically. However, you may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from us. Your withdrawal of consent will be effective within a reasonable time or any time period required under applicable law after we receive your withdrawal notice described above.

There are some communications regarding our Services, however, that you may not be able to opt out of and your withdrawal of consent will not affect the legal validity or enforceability of other provisions of these Terms. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.

You agree to promptly notify us if you change your contact information by updating your account settings. Journey Health will make reasonable efforts to ensure that communication is secure, private, and meets your communication preferences; however, we cannot guarantee that information shared via electronic means is 100% secure given the risks inherent in electronic communication. 

b) Our Content and Sites. You understand and acknowledge that all rights, title, and interest in and to the Journey Health Sites (including the Content and any software, interfaces, or designs thereof), and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein, are, without limitation: (a) subject to other intellectual property and proprietary rights and laws, including copyright and trademark, and (b) owned by us or third-party who provide us with an appropriate license. You do not have any rights, title or interest in our Sites or our trademarks or copyrights; our Sites may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and, if necessary, the prior written permission of our applicable licensors. You must abide by all copyright notices, information, and restrictions contained in or attached to the Site. Nothing in these Terms grants you any right to receive a copy of our Sites or to obtain access to the Sites, except as generally and ordinarily permitted through the Sites, according to these Terms. 

c) Restrictions. Subject to these Terms, Journey Health grants you a limited, revocable, non-transferable, non-exclusive license to use and access the Sites and Services for your personal and commercial purposes expressly permitted by these Terms or another written agreement between you and Journey Health. Any rights not expressly granted to you in these Terms are reserved and retained by Journey Health or its licensors, suppliers, publishers, rights holders, or other content providers. You agree not to: (i) access the Sites or use the Services in any unlawful way or for any unlawful purpose, including via a robot, spider, scraper, or other automated means; (ii) impersonate or misrepresent your identify or falsely state or misrepresent your current location, medical history, information about your medical condition, or health insurance coverage; (iii) promote, encourage, or engage in defamatory, abusive, libelous, obscene, threatening, or otherwise objectionable behavior; (iv) tamper with, hack, copy, modify, disrupt, or otherwise interfere with the administration, security, or function of the Sites or the Services; (v) attempt to probe, scan, or test the vulnerability of the Sites or Services; (vi) use non-human scripts or chatbots with the Sites; (vii) distribute viruses of other harmful code through the Sites; (viii) attempt to reverse-engineer, reverse-assemble, reverse-compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by the Sites; (ix) have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting;  (x) harvest, store or collect personal information or PHI about any other individual who uses the Sites or Services; (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties; (xii) use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent; (xiii) use our Sites, Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; (xiv) allow any other person to use your account, username or password to access the Sites or Services, or use your account for any other person; (xv) assist or permit any person to engage in any of the activities described in this section; or (xvii) otherwise use the Services or Sites in any manner that could cause harm to another user, the public, the Site or the Services.

“Telehealth” is the delivery of healthcare services using technology when the patient receiving the Services is not in the same location as the provider. Telehealth Services may be used for diagnosis, treatment, care, follow-up and/or education, and may include, without limitation, the following: electronic transmission of medical records and/or other patient data or information; synchronous (i.e., “real time”) and asynchronous (i.e., non-“real time”) interactions via audio, video, text, and/or data or other electronic communications; automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output, transmission or exchange of data from medical devices, sound and video files.

Journey Health may now or in the future provide the technology to enable Telehealth as part of its Services. Your provider may choose (or not) to provide services via Telehealth. By using Telehealth Services, you acknowledge the risks associated with Telehealth, which may include insufficient transmission of data or information to allow for appropriate medical or healthcare decision making. Further, you understand that it may be possible that your needs cannot be met via Telehealth Services, and you may be directed to seek additional in-person care. Your provider may require you to sign additional consents or provide you with additional information related to receiving services by telehealth.

BY USING TELEHEALTH, YOU ACKNOWLEDGE AND AGREE THAT JOURNEY HEALTH IS SOLELY PROVIDING THE TELEHEALTH TECHNOLOGY PLATFORM AND IS NOT PROVIDING MEDICAL ADVICE OR HEALTHCARE SERVICES. JOURNEY HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED – AND SHALL HAVE NO LIABILITY OR RESPONSIBILITY – IN CONNECTION WITH ANY HEALTHCARE SERVICES, MEDICAL ADVICE, PRESCRIPTIONS OR MEDICATION RECOMMENDATIONS DELIVERED THROUGH THE SERVICES.

The Sites may contain links to other sites that are owned and operated by third parties. Journey Health does not endorse, and is not responsible for, the content and accuracy of linked online websites, mobile websites, platforms, services, and applications operated by third parties or for any actions or inactions taken by or interactions with such third parties. 

You agree, to the fullest extent permitted by applicable law, to indemnify and hold harmless Journey Health, its officers, employees, agents, subsidiaries, affiliates, the Practices, QH Providers (if you are not an QH Provider), MN Providers (if you are not an MN Provider) and other partners, and as to each, any of their officers, directors, employees, contractors, clinicians, agents, licensors, third-party service providers, subcontractors, suppliers and investors, from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising out of or relating to your access to or use of the Sites and Services, including violation of these Terms.

a) AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND OUR SITES IS AT YOUR SOLE RISK, AND THE SERVICES AND OUR SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. JOURNEY HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARISING FROM USE OF THE SITES. JOURNEY HEALTH MAKES NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SITES OR SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SITES AND SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

c) THE SITES AND SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. JOURNEY HEALTH MAKES NO WARRANTY, REPRESENTATION, OR CONDITION WITH RESPECT TO THE SITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION, AND OTHER CHARACTERISTICS OF THE SITES AND SERVICES.

d) YOU ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SITES AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND (2) JOURNEY HEALTH DOES NOT PROVIDE HEALTH CARE SERVICES OR MEDICAL ADVICE. PROVIDERS USING THE SITES TO PROVIDE ANY PROFESSIONAL OR OTHER SERVICES ARE SOLELY RESPONSIBLE FOR THE SERVICES EACH PROVIDES TO A CLIENT. EACH PROVIDER IS RESPONSIBLE FOR THEIR SERVICES AND COMPLIANCE WITH THE REQUIREMENTS APPLICABLE TO THEIR PROFESSION AND LICENSE, IF ANY. NEITHER JOURNEY HEALTH NOR ANY THIRD PARTIES WHO SUPPORT THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES SHALL BE LIABLE FOR ANY PROFESSIONAL ADVICE YOU OBTAIN FROM A PROVIDER VIA THE SERVICES. 

e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JOURNEY HEALTH OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

f) Any reference made by any Journey Health Sites to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by Journey Health. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including your clinician(s), providers, and/or other Users are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Journey Health.

a) DISCLAIMER OF CERTAIN DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL JOURNEY HEALTH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITES OR SERVICES, INCLUDING LOST PROFITS, WHETHER OR NOT JOURNEY HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ARISING OUT OF OR IN CONNECTION WITH THE SERVICES ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. 

b) CAP ON LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW AND EXCEPT AS OTHERWISE SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND JOURNEY HEALTH, UNDER NO CIRCUMSTANCES WILL JOURNEY HEALTH BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR USE OF THE SERVICES MORE THAN THE AMOUNTS PAID BY YOU TO USE THE SERVICE THAT GIVES RISE TO THE UNDERLYING CLAIM.

c) BASIS OF THE BARGAIN. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND JOURNEY HEALTH FOR USE OF THE SERVICES.

a) DISCLAIMER OF CERTAIN DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL JOURNEY HEALTH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITES OR SERVICES, INCLUDING LOST PROFITS, WHETHER OR NOT JOURNEY HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ARISING OUT OF OR IN CONNECTION WITH THE SERVICES ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. 

b) CAP ON LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW AND EXCEPT AS OTHERWISE SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND JOURNEY HEALTH, UNDER NO CIRCUMSTANCES WILL JOURNEY HEALTH BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR USE OF THE SERVICES MORE THAN THE AMOUNTS PAID BY YOU TO USE THE SERVICE THAT GIVES RISE TO THE UNDERLYING CLAIM.

c) BASIS OF THE BARGAIN. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND JOURNEY HEALTH FOR USE OF THE SERVICES.

Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Journey Health and limits the manner in which you can seek relief from us. 

This Arbitration Agreements applies to Users who are Visitors, QH Patients and Network Patients. If you are an MN Provider, the Arbitration and Dispute Resolution Terms of the Master Services Agreement into which you and Quilted Health entered will govern dispute resolution.  

a) Definition. For purposes of this section, “Dispute” shall mean any dispute, claim, or controversy arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability); the Sites and Services; your (or anybody else’s) access to and/or use of the Sites and Services; and/or the provision of Content, Services, and/or technology on or through the Sites. Disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets, and claims of piracy or unauthorized use of the Sites shall not be subject to arbitration.

b) Applicability of Arbitration Agreement. Except if prohibited by law, you agree that any Dispute will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis and (ii) you or Journey Health may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms (or any prior version of these Terms). 

BY AGREEING TO ARBITRATION WITH JOURNEY HEALTH, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST JOURNEY HEALTH ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST JOURNEY HEALTH IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THESE TERMS OF USE, INCLUDING THIS ARBITRATION AGREEMENT. 

c) Arbitration Rules. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1 (800) 778-7879. Payment of all filing, administration, and arbitration fees will be governed by the AAA Rules. The decision from the arbitration will be in writing and binding and conclusive on Journey Health and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Journey Health and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator(s) must follow these Terms of Use and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees. Journey Health and you understand that, absent this mandatory arbitration provision, Journey Health and you would have the right to sue in court and have a jury trial. Journey Health and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

d) Arbitration Forum. You or Journey Health may choose to pursue a claim in small claims court where jurisdiction and venue over you and Journey Health otherwise qualify for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you still agree to provide Journey Health 30 days’ advance notice by email to legal@quiltedhealth.com and by U.S. mail to Attn: Legal Department  Journey Health Inc dba Quilted Health  1329 N 47th Street, Unit 31112, Seattle WA 98103.

e) Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Journey Health. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Use (including this Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

f) 30-Day Opt-Out. You have the right to opt out of and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to Journey Health by email to legal@quiltedhealth.com and by U.S. mail to Attn: Legal Department  Journey Health Inc dba Quilted Health  1329 N 47th Street, Unit 31112, Seattle WA 98103. The notice must be sent within 30 days of your first use of any of our Services. If you do not opt out via this method, you will be bound to arbitrate Disputes in accordance with the Arbitration Agreement. If you opt out of the provisions requiring arbitration, Journey Health will not be bound by these provisions either. If any clause within this Disputes/Arbitration section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.

g) Waiver of Jury Trial. YOU AND JOURNEY HEALTH HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Journey Health are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified otherwise in this section. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is very limited. 

h) Severability. If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in a federal court located in Delaware. If any clause within this Class Action Waiver section (below) is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.

i) Waiver of Class Action. This Waiver of the Class Action section will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Journey Health, or any employee, officer, director, or investor of Journey Health, and to any claims asserted by any of them against you, to the extent that any such claims are a Dispute.

j) Survival. This Arbitration Agreement will survive the termination of your relationship with Journey Health.

k) Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Journey Health makes any future material change to this Arbitration Agreement, we will provide advance written notice.

a) Compliance with Laws. You are responsible for compliance with all applicable laws.

b) Choice of Laws. These Terms and your use of the Services shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. Subject to the requirement to arbitrate set forth below, exclusive jurisdiction for all disputes that do not require arbitration will be the state and federal courts located in Delaware, and you consent to the jurisdiction of those courts. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

c) Non-Assignment. We may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer your rights and/or duties under these Terms to anyone else, and any attempted assignment or delegation is void. 

d) Headings. The paragraph headings in these Terms, shown in boldface type, are included only to help make these Terms easier to read and have no binding effect.

e) Waiver. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.

f) Severability. If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect.

g) Entire Agreement. These Terms along with the agreements referenced in these Terms constitute the entire agreement between you and us with regard to the matters described above and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Journey Health with respect to the Services. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Terms to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form. For purposes of any dispute, Journey Health’s records shall be conclusive in all respects.

h) Force Majeure. We will not be deemed to be in breach of these Terms or liable for any breach of these Terms or of the Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation acts of God, pandemics, epidemics, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

i) Third Parties. Unless expressly stated in these Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Journey Health, and our affiliates. Nothing in these Terms is intended to relieve or discharge the obligation or liability of any third persons to you, Journey Health, and our affiliates, nor shall any provision give any third parties any right of subrogation or action against you, Journey Health and our affiliates. Some of the treatment information provided on the Sites and Services is from third-party sources. Every effort has been made to ensure that the information is accurate, up-to-date, and complete, but no guarantee is made to that effect.

Your affirmative act of using the Journey Health Sites or registering for or scheduling any Services offered through the Journey Health Sites constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.

For any questions or comments, or to report violations of these Terms, contact us at: legal@quiltedhealth.com.