Terms of Service.

Welcome, and thank you for your interest in All4Cure, Inc. (“All4Cure,” “we,” or “us”) and our website at www.all4cure.com (“Site”), the All4Cure health tracking and patient networking platform for cancers including multiple myeloma, (“Platform”), and any related websites, networks, applications, mobile applications, and other services provided by us where these Terms of Service are posted (collectively, the “Service”). These Terms of Service are a legally binding contract between you and All4Cure regarding your use of the Service.

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PLEASE READ THE FOLLOWING TERMS CAREFULLY.

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BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS (THESE “TERMS”). ADDITIONALLY, YOU ACKNOWLEDGE THAT YOU HAVE READ OUR PRIVACY POLICY. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN DO NOT USE THE SERVICE. YOUR USE OF THE SERVICE, AND ALL4CURE’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY ALL4CURE AND BY YOU TO BE BOUND BY THESE TERMS.

 

ARBITRATION AND CLASS WAIVER NOTICE

 

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SEE “DISPUTE RESOLUTION, AND ARBITRATION, CLASS WAIVER” SECTION BELOW). THROUGH YOUR AGREEMENT TO THESE TERMS: (I) YOU AND ALL4CURE AGREE TO RESOLVE THROUGH BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT, ANY AND ALL DISPUTES ARISING FROM OR RELATING TO THESE TERMS, THE SERVICES, OR ANY OTHER SERVICES OR PRODUCTS PROVIDED, SOLD, PURCHASED, MANAGED, OPERATED, OR FULFILLED BY ALL4CURE; AND (II) YOU AND ALL4CURE EACH EXPRESSLY WAIVE ANY RIGHTS TO ENFORCE THIS AGREEMENT IN COURT OR AS A CLASS, SUBJECT TO THE LIMITED EXCEPTIONS DESCRIBED BELOW. THIS MEANS THAT ALL DISPUTES WILL BE DECIDED BY AN ARBITRATOR AND YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY. AS WELL AS THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

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1. Agreement Overview. As provided in greater detail in these Terms (and without limiting the express language elsewhere in these Terms), you agree and acknowledge that these Terms include the following provisions:

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1.1 ARBITRATION NOTICE – Except for certain kinds of disputes described in Section 19, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND ALL4CURE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 18);

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1.2 NO HIPAA PROTECTED HEALTH INFORMATION – We do not process your data on behalf of your clinician, and your provision of data to us from your personal records or subject to an authorization for disclosure will not be considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and All4Cure is not a “Covered Entity” or “Business Associate” and is not subject to HIPAA. (See Sections 3);

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1.3 LICENSE – The Service is licensed, not sold to you, and you may use the Service only as set forth in these Terms. (See Section 8);

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1.4 PRIVACY – You represent that you have read and understand our Privacy Policy (See Section 19.2) and, if you reside in an applicable U.S. state, you acknowledge the processing of your Consumer Health Data in accordance with All4Cure’s Consumer Health Data Privacy Policy (See Section 19.3);

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1.5 NO DISCLOSURE OF PARTICIPANT INFORMATION – You will not download, screenshot, copy, reproduce, or otherwise share any Personal Information or Consumer Health Data available on the Service or related to participants that may be available outside of the Service, or otherwise use any information provided or made known through the Service for any purpose, including (without limitation) to market to, solicit, or otherwise contact any user outside the Service, except as specifically authorized by the user to whom such data relates. (See Section 3);

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1.6 NO WARRANTY – The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind and All4Cure’s liability to you is limited. (See Sections 16 and 17).

 

2. All4Cure Service Overview. All4Cure is a knowledge and data sharing platform for patients, researchers, and clinicians to discuss cancer treatments and outcomes and collaborate on efforts to better understand the causes, symptoms, and treatments for different forms of cancer. You may use this Service only for your own personal, non-commercial use. You may not copy, download, or attempt to access participant information except as made available, and as presented, to you as part of the Service.

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3. No Medical Advice; Disclaimer; No Compliance with HIPAA. All4Cure does not provide medical advice. You acknowledge and agree that the Service and all information made available in connection with the Service are licensed and accessible solely for informational purposes and that the Service and content on the Service do not constitute medical advice. Information provided through the Service is provided as-is, and may not be relevant for an individual’s personal situation. Your use of the Service does not create a patient relationship with any other user with whom you communicate through the Service, and you agree that you will not use the Service to create, maintain, or facilitate a doctor-patient relationship or to provide medical advice. Notwithstanding the foregoing, you represent and warrant that you will use your best judgment in providing any information to participants on the Service. You assume full risk and responsibility for the information you provide, use, or rely on, in relation to the Service. Please read Section 16 for additional details. You agree not to share any information available on the Service, including any personally identifiable information submitted by participants, outside of the Service, or use any information provided on the Service to market to, solicit, or otherwise contact any user outside the Service, except as specifically authorized by the user. WITHOUT LIMITING SECTIONS 16 AND 17 OF THESE TERMS, ALL4CURE DISCLAIMS ALL LIABILITY RELATED TO CONTENT, INFORMATION, OR SERVICES PROVIDED IN CONNECTION WITH THE SERVICE, AND AS A RESULT OF, OR IN RELATION TO THE USE OF THE SERVICE. ALL4CURE OFFERS OPPORTUNITIES TO DISCUSS TREATMENT OPTIONS AND DOES NOT, AND DOES NOT INTEND TO, PROVIDE MEDICAL OR HEALTH-RELATED SERVICES, ADVICE, OR ACT IN ANY WAY AS A MEDICAL OR HEALTH-RELATED PROVIDER. ALL4CURE IS NOT A PRACTITIONER AND IS NOT A MEDICAL ORGANIZATION, HOSPITAL, HEALTHCARE PROVIDER, OR MEDICAL SERVICE PROVIDER.

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All4Cure is NOT a Health Care Provider nor a Business Associate and is not providing any user, including any user considered a patient, with “Health Care” as such term is defined in HIPAA. All4Cure is NOT obligated to handle any information provided by users in the manner required by HIPAA. You will not represent to any person (including any user with whom you have a doctor-patient relationship) through or outside the Service that the Service complies with HIPAA. Please review our Privacy Policy and Consumer Health Data Privacy Policy to understand how we collect, use, disclose, and protect information posted to the Service.

 

4. Clinical Trials. If you register and create an account for the Service as a patient, you consent to All4Cure’s evaluation of your diagnosis, treatment history, medical records, and related information (collectively, “Health Data”) for pre-screening and eligibility for clinical trials, including (without limitation) the creation and disclosure to clinical trial sponsors and similar parties of de-identified data to assess your suitability for upcoming clinical trials. If All4Cure determines that you are eligible to participate in a clinical trial, All4Cure may recommend your participation in the clinical trial to your medical team. Taking part in a clinical trial is voluntary. If you choose to take part in a clinical trial, you will receive additional information prior to a request for further consent, and your participation on a clinical trial will be subject to separate terms.

 

5. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you hold, in good standing, any credential you state that you hold on the Service, and are a member in good standing of any group or affiliation of which you state you are a member on the Service; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

 

6. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to- date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@all4cure.com.

 

7. General Payment Terms. Certain future features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non- refundable.

 

8. Licenses

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8.1 Limited License. Subject to your complete and ongoing compliance with these Terms, All4Cure grants you, solely for your personal, non- commercial use, a limited, non-exclusive, non-transferable, non- sublicensable, revocable license to access and use the Service.

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8.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

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8.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant All4Cure an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

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9. Ownership; Proprietary Rights. The Service is owned and operated by All4Cure. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by All4Cure are protected by intellectual property and other laws. All Materials included in the Service are the property of All4Cure or its third party licensors. Except as expressly authorized by All4Cure, you may not make use of the Materials. All4Cure reserves all rights to the Materials not granted expressly in these Terms.

 

10. Third Party Terms

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10.1 Third Party Services and Linked Websites. All4Cure may provide tools through the Service that enable you to export information, including User Content, to third party services. For example, you may be allowed to export all comments provided on the Service in an email to your normal email provider. By using one of these tools, you agree that All4Cure may transfer that information to the applicable third party service. Third party services are not under All4Cure’s control, and All4Cure is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under All4Cure’s control, and All4Cure is not responsible for their content.

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10.2 Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.

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11. User Content

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11.1 User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, photos, video, images, medical information, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

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11.2 Limited License Grant to All4Cure. By posting or publishing User Content on your dashboard, you grant All4Cure a worldwide, non-exclusive, royalty-free, perpetual, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, in connection with providing the Service. In the event you submit any User Content to a forum or similar page on the Service, the license granted in this Section 11.2 will be irrevocable and will survive termination.

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11.3 Limited License Grant to Other Users. By posting or sharing User Content with other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

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11.4 User Content Representations and Warranties. All4Cure disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:

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11.4.1 you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize All4Cure and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by All4Cure, the Service, and these Terms; and

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11.4.2 your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause All4Cure to violate any law or regulation.

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11.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. All4Cure may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against All4Cure with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, All4Cure does not permit copyright-infringing activities on the Service.

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11.6 Monitoring Content. All4Cure does not control and does not have any obligation to monitor: (a) User Content; (ii) any content made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that All4Cure reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time All4Cure chooses to monitor the content, All4Cure still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

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12. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:

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12.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;

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12.2 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

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12.3 attempt to determine the identity of any user of the Service;

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12.4 post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

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12.5 share any other user’s User Content outside the Service, or otherwise attempt to extract and use other user’s data other than as contemplated by these Terms (including in contravention of Section 1.5 or 2 above);

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12.6 interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

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12.7 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

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12.8 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;

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12.9 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 9) or any right or ability to view, access, or use any Materials;

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12.10 reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any the Company content or any use of or access to the Service;

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12.11 use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Service or monitor or copy our web pages or the content contained thereon;

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12.12 deep link to the Service for any purpose; or frame the Service, place pop-up windows over any content, or otherwise affect the display of the Service; or

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12.13 attempt to do any of the acts described in this Section 12 or assist or permit any person in engaging in any of the acts prohibited by these Terms.

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13. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 14, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

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14. Term, Termination and Modification of the Service

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14.1 Term. These Terms are effective beginning when you accept the Terms or first access or use the Service, and ending when terminated as described in Section 14.2.

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14.2 Termination. If you violate any provision of these Terms, your account and these Terms automatically terminate. In addition, All4Cure may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at support@all4cure.com.

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14.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer have access to your account; (c) you must pay All4Cure any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 8.3, 9, 11, 14.3, 15 - 19 will survive.

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14.4 Modification of the Service. All4Cure reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. All4Cure will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

 

15. Indemnity. You are responsible for your use of the Service, and you will defend and indemnify All4Cure and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “All4Cure Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right, including without limitation claims arising from your unauthorized access to or sharing of Personal Information or other User Content; (d) any claim by a participant that they relied on your advice obtained through the Service (as prohibited by these Terms) for any medical treatment decision; or (e) any dispute or issue between you and any third party. If a user brings a lawsuit against you based on advice you provided through the Service, All4Cure may, at our sole discretion, choose to defend you, provided that: (i) we determine the suit is frivolous; (ii) the claim arose only from your actions through the service and not due to any action taken by you outside the Service, or under any doctor-patient relationship established between you and a user; and (iii) you and the user did not have a pre-existing doctor-patient relationship prior to any interactions through the Service. Notwithstanding the foregoing, the decision of whether a suit is frivolous lies solely with All4Cure, and nothing in the preceding sentence guarantees that we will defend you against a given claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

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16. Disclaimers; No Warranties

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THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. ALL4CURE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ALL4CURE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND ALL4CURE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ALL4CURE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ALL4CURE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA.

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HOWEVER, ALL4CURE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT ALL4CURE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

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17. Limitation of Liability

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TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ALL4CURE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ALL4CURE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

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EXCEPT AS PROVIDED IN SECTION 18.5(iii) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE ALL4CURE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO ALL4CURE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

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You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms.  You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:

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A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASEES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT.  NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

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18. Dispute Resolution, Arbitration, Class Waiver

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18.1 Generally. In the interest of resolving disputes between you and All4Cure in the most expedient and cost-effective manner, and except as described in Section 18.2, you and All4Cure agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ALL4CURE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

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18.2 Exceptions. Despite the provisions of Section 18.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

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18.3 Arbitration Process. The following processes shall govern the arbitration process:

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18.3.1 Before commencing an arbitration, you agree to inform us of the nature of the claim and the relief you seek by sending an email to security@all4cure.com so stating.

 

18.3.2 Within seven (7) days, Company will contact you and thereafter you and we will attempt to resolve the claim or issue in a satisfactory way.

 

18.3.3 If, after these attempts at exploring a resolution, you intend to proceed with an arbitration claim, you and we will seek to reach an agreement on the selection of an arbitrator to hear and decide the dispute and how it will be heard, including whether to submit the dispute to the arbitrator only in written form, by proceedings conducted via video or-in person.

 

18.3.4 In the event that you and we cannot agree on an arbitrator, the process set forth in Washington State Superior Court Mandatory Arbitration Rule 2.3 will be followed. That process allows for a court to select an arbitrator.

 

18.4 Arbitrator. Any arbitration between you and All4Cure will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800- 778-7879, or by contacting All4Cure. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

 

18.5 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). All4Cure's address for Notice is: All4Cure, Inc., 9435 45th Ave. SW, Seattle, WA 98136. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or All4Cure may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or All4Cure must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

 

18.6 Fees. If you commence arbitration in accordance with these Terms, All4Cure will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in King County, Washington, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse All4Cure for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

 

18.7 No Class Actions. YOU AND ALL4CURE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and All4Cure agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

18.8 Modifications to this Arbitration Provision. If All4Cure makes any future change to this arbitration provision, other than a change to All4Cure's address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to All4Cure's address for Notice of Arbitration, in which case your account with All4Cure will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

 

18.9 Enforceability. If Section 18.6 is found to be unenforceable or if the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 19.1 will govern any action arising out of or related to these Terms.

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19. General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and All4Cure regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to". If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

 

19.1 Governing Law. These Terms are governed by the laws of the State of Washington without regard to conflict of law principles. You and All4Cure submit to the personal and exclusive jurisdiction of the state courts and federal courts located within King County, Washington for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Washington, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

 

19.2 Privacy Policy. Please read the All4Cure Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your Personal Information.

 

19.3 Consumer Health Data Privacy Policy. Please read the All4Cure Consumer Health Data Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information.

 

19.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

 

19.5 Consent to Communications. By providing us with your contact information, you agree to receive communications, including via e-mail, voice calls, and text messages from or on behalf of All4Cure at the email address or telephone number you provided, even if that number is on a national or state ‘Do Not Call List’. These calls will be for informational purposes, such as to verify your account or provide you with help or information on using the Service. Standard text messaging and telephone minute charges applied by your cell phone carrier will apply. All4Cure may, without further notice or warning and in our discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training purposes and to protect our rights and the rights of others. IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You understand that you may continue to receive communications while All4Cure processes your opt-out request, and you may also receive a communication confirming the receipt of your opt-out request.

 

19.6 Consent to Electronic Notice. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

 

19.7 Contact Information. The Service is offered by All4Cure, Inc., located at 9435 45th Ave. SW, Seattle, WA, 98136. You may contact us by sending correspondence to that address or by emailing us at info@all4cure.com.  You can access a printable copy of these Terms by clicking here.

 

19.8 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S- 202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.