Terms of Use

Effective Date: November 2, 2022

PLEASE REVIEW THESE TERMS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND CONTAIN A MANDATORY ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION REMEDIES.

The following terms and conditions (the “Terms of Use” or the “Agreement”) constitute a legally binding agreement between you and Valant (“Valant,” “we,” or “us”), concerning the use of the Valant technology platform including any Valant websites, platforms, portals, mobile applications and all associated applications and services (collectively, with any new features, updates or modifications, the “Services”) provided by Valant. This Agreement constitutes a contract between you and us that governs your access and use of the Services. By accessing and/or using our Services, you expressly agree to all of the terms and conditions of this Agreement. If you do not agree, then you may not use the Services. As used in this Agreement, “you” means any visitor, user, or other person who accesses our Services; whether or not such person registered for a User Account.

If your use of the Services is terminated for any reason, then: (a) this Agreement will continue to apply and be binding upon you with regard to your prior use of the Services (as well as any subsequent and unauthorized use of the Services), including your indemnification obligations as described herein; and (b) any rights or licenses granted to us under this Agreement will survive such termination.

Valant’s collection and use of Personal Information in connection with the Services is described in Valant’s Technology Privacy Policy (“Personal Information” as defined therein).

We are constantly working to improve our Services, so these Terms of Use may need to change along with our Services. We reserve the right to change the Terms of Use at any time, but if we do, we will place a notice on our site, send you an email, and/or notify you by some other means.

If you do not agree with the new Terms of Use, you are free to reject them and cease use of the Services. If you use the Services in any way after a change to the Terms of Use is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms of Use will be effective unless made in writing and signed by both you and us.

We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one or any part of the existing Services. Under no circumstances will Valant be liable for any suspension or discontinuation of any of the Services or portion thereof, and any use of new features or services will be governed by this Agreement.

If you create a User Account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in this Agreement, except for in this sentence, refer to that individual or entity).

  1. ABOUT THE SERVICES

Subject to these Terms of Use, Valant grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to use the Services in accordance with these Terms of Use. Portions of the Services can be viewed without a User Account. However, to benefit from all of the Services that are available to you, you or your healthcare provider or organization (“Healthcare Provider”) must create an account using Valant’s software (a “User Account”) and provide certain basic information about you. If you or your Healthcare Provider on your behalf do provide this information, you authorize Valant to use and disclose it as described in our Technology  Privacy Policy.

While utilizing the Services, you may encounter certain Content that Valant makes available to you. “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, articles, scheduling availability, notifications for appointment reminders or messages, guidance, and other materials provided, made available or otherwise found through the Services.

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT (INCLUDING BUT NOT LIMITED TO DESCRIPTIONS OF PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION). IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE, REFER OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED IN CONTENT AND/OR ACCESSIBLE THROUGH THE SERVICES.

THE SERVICES AND CONTENT ARE INFORMATIONAL AND EDUCATIONAL RESOURCES AND ARE NOT INTENDED TO REPLACE OR SUBSTITUTE ANY MEDICAL SERVICE OR ADVICE. 

TO USE OUR SERVICES, YOU MUST HAVE A USER ACCOUNT WITH A HEALTHCARE PROVIDER USING VALANT’S SOFTWARE.  VALANT DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.  ANY MEDICAL, PHYSICIAN, OR OTHER PROFESSIONAL HEALTHCARE SERVICES ARE PROVIDED BY THIRD-PARTY HEALTHCARE PROVIDERS.  VALANT DOES NOT CONTROL AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CARE OR TREATMENT RENDERED OR NOT RENDERED BY THESE THIRD PARTIES, INCLUDING ANY HEALTHCARE ORGANIZATION OR ITS HEALTHCARE PROFESSIONALS.  THE USE OF THE SERVICES IS NOT INTENDED AND SHOULD NOT BE CONSTRUED AS THE CREATION OF A PROVIDER-PATIENT RELATIONSHIP WITH VALANT.  YOU SHOULD ALWAYS SEEK THE ADVICE OF A LICENSED MEDICAL PRACTITIONER FOR ANY QUESTIONS REGARDING YOUR MEDICAL CONDITION.

  1. MEDICAL INFORMATION

The Services enable you to access or engage with your Healthcare Provider through your User Account.  Your use of the Services may be subject to the terms and condition, Privacy Policy, or other requirements of these Healthcare Providers.  In connection with your use of the Services, you may elect to enter certain health or medical information into the Services, including by requesting an appointment, sending a message to a healthcare provider, making a payment, or filling out a medical history form on behalf of yourself or a third party from whom you have authorization to provide such information. By doing so, you authorize Valant to provide this information to your Healthcare Provider or other third parties at your Healthcare Provider’s direction. You acknowledge and agree that all such information will be reviewed and approved by you or someone authorized by you to ensure it is complete and accurate. You also acknowledge that Valant may use the data or information you provide in accordance with our Technology Privacy Policy.

  1. YOUR RESPONSIBILITIES

Your User Account Credentials

When you create a User Account, you will provide an email address and create a password (collectively, “Credentials”). You should keep your Credentials private and not share your Credentials with anyone else. You must immediately notify Valant if your password has been stolen or compromised. You promise to provide accurate, complete, and updated registration information about yourself. You may also be able to connect to the Services maintained by a third party, such as your Healthcare Provider, Facebook, Inc., Google LLC (“Google”) or Apple Inc. (“Apple”). If you connect to the Services through a third party service, you give us permission to access and use your information from such third party service as permitted by such third party service, and to store your log-in credentials for such third party service. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on such third party service. Valant has no control over, and assumes no responsibility for, the services, content, accuracy, privacy policies, or practices of or opinions expressed by any such third party.

Your Responsibilities Generally

You are responsible for all use of the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You may only use the Services for lawful, non-commercial purposes. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Services for any purpose whatsoever.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms of Use.

Disputes Between Users

If there is a dispute between participants on this site or Services, or between users and any third party (including but not limited to your Healthcare Providers), you agree that Valant is under no obligation to become involved. In the event that you have a dispute with one or more other users or your Healthcare Providers, you release Valant, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

  1. THIRD PARTY LINKS AND SERVICES

Links to Other Websites

While using the Services, you may encounter links to other websites. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. Although we attempt to link to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. Your interactions with organizations and/or individuals found on or through the Services (such as any Healthcare Provider), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealing, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Valant will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

Third Party Software

We may incorporate third party software as part of certain of the Services, including without limitation open source third party software. Your use of such third party software is subject to any and all applicable additional terms and conditions governing such use provided by the third party software provider. Where applicable, additional notices relating to the third party software may be provided by us, which for example may contain attribution and disclaimer notices applicable to the third party software.

Application Stores

You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application (e.g., the Apple App Store, Google Play or other store or distribution platform (each, an “Application Provider”)). Each Application Provider may have its own terms and conditions to which you must agree before downloading mobile applications from such store. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such Application Provider terms and conditions. To the extent such other terms and conditions from such Application Provider are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

If you are accessing the Services via an application (an “Application”) through an Application Provider, you acknowledge and agree that: (i) these Terms of Use are between you and us, and not with the Application Provider, and that we are responsible for the Services, not the Application Provider; (ii) the Application Provider has no obligation to furnish maintenance and support services or handle any warranty claims; (iii) the Application Provider is not responsible for addressing any claims you or any third party have relating to the Application; (iv) the Application Provider is a third party beneficiary of these Terms of Use as related to your use of the Application, and the Application Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your use of the Application against you; (v) in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Valant, and not Application Provider, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim; and (vi) you are not located in a country subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties. The foregoing terms apply to your use of all the Services, including the Application.

  1. PAYMENT AND TRANSACTION PROCESSING

Payment and Transaction Processing Generally

If applicable, you may be permitted to use the Services to pay for healthcare services, other products or services provided by the applicable Healthcare Provider, and/or other payment obligations, including, for example, your insurance copayments or other cost-sharing obligations. In connection with such payments, we process your payment card information in accordance with our Technology Privacy Policy on behalf of your Healthcare Provider. Valant and/or its payment processing partner(s) may collect from the applicable Healthcare Provider a transaction processing fee for our billing, collection and payment services (the “Transaction Processing Services”) performed in connection with such payment. Please note that any payment terms presented to you in the process of using or signing up for a paid service or the Transaction Processing Services are deemed part of these Terms.

You acknowledge and agree (to the extent the foregoing is applicable) that:

(a) you remain responsible for paying all amounts required by law and/or contract (e.g., health plan agreement), including all cost-sharing obligations (such as, but not limited to, copayments, deductibles and other coinsurance obligations);

(b) if you utilize our Transaction Processing Services, Valant may process your payment, and may do so in collaboration with our payment processing partner;

(c) Valant is not responsible for any charges incurred for any products or services provided by any Healthcare Provider;

(d) Valant is not responsible for any charges submitted for processing by any Healthcare Providers;

(e) in the event you dispute any fees chargeable or charged through Valant by a Healthcare Provider, you will resolve such dispute directly with the applicable Healthcare Provider;

(f) if you utilize our Transaction Processing Services, you may be required to accept the terms of use and privacy policy of our payment processing partner with respect to Transaction Processing Services; and

(g) you will promptly review all charges processed through the Transaction Processing Services, and immediately notify Valant to the extent you have any questions, concerns or disputes.

If the foregoing is applicable, we are not responsible for any error by, or other acts or omissions of, the payment processor. You further acknowledge and agree that neither Valant nor our payment processing partner will be responsible if either we or our payment processing partner are unable to complete a transaction for any reason, including but not limited to:

(A) if you have not provided us with accurate, current and complete payment information;

(B) if you do not have sufficient available funds or available credit to complete the transaction;

(C) if you do not have an active payment card, or if we are unable to confirm your payment card information or your identity;

(D) if your account with us, your account with our payment processing partner, your access to the Services, or your access to our payment processing partner’s services has been terminated or suspended for any reason;

(E) if we or our payment processing partner have reason to believe that the requested transaction is unauthorized; or

(F) if we terminate or suspend the Services we provide to the applicable Healthcare Provider.

  1. FEEDBACK

We also welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us, reaching out to our social networking accounts, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. You agree not to provide any medical or other health information in any Feedback you submit to us.  By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such Feedback for any purpose, without compensation to you.

  1. YOUR USE OF CONTENT

All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, and other proprietary rights. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Valant’s proprietary information. We give you permission to use the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Services for your own convenience, but you may not copy, distribute, republish (except as expressly permitted herein), sell, or exploit any of the Content, or exploit the Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly provided herein, neither Valant nor its customers or suppliers grant you any express or implied rights, and all rights in the Services not expressly granted by Valant to you are retained by Valant.

  1. DISCLAIMER

We want your experience with Valant to be exceptional. While we work hard to make that happen, you acknowledge that we have no control over, and no duty to take any action regarding: (a) which users gain access to the Services, (b) what Content you access, (c) what effect the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content. You release us from all liability for your use or inability to use any Content. We and our licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (Valant and all such parties together, the “Valant Parties”) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services, and the Valant Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We have no special relationship with or fiduciary duty to you.

WE (AND OUR LICENSORS AND SUPPLIERS) PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE CONTENT OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY INFORMATION PROVIDED TO OR RECEIVED FROM ANY HEALTHCARE PROVIDERS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, VALANT MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. VALANT DOES NOT WARRANT THAT THE SERVICES WILL OPERATE UNINTERRUPTED, ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

GENERAL LIMITATION OF LIABILITY

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR USER ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO CREATE OR MAINTAIN A USER ACCOUNT FOR USE OF THE SERVICES, OR (b) $100; EXCEPT THAT, FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE TRANSACTION PROCESSING SERVICES, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY THEREOF REGARDLESS OF THE FORM OF ACTION EXCEED THE TOTAL AMOUNT OF TRANSACTION PROCESSING FEES, IF ANY, REMITTED TO AND RETAINED BY VALANT FOR PROVIDING TRANSACTION PROCESSING SERVICES FOR APPOINTMENTS MADE BY YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE VALANT PARTIES BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ANY SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICES, OR ANY MATTER BEYOND OUR REASONABLE CONTROL, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  1. TERMINATION

If you are not using the Services in accordance with this Agreement, we reserve the right, if we determine it is best, to terminate, suspend and/or deactivate your User Account immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted through the Services by you or by someone using your Credentials without authorization. We may also terminate, suspend or deactivate your User Account for any other reason, including inactivity for an extended period. Valant shall not be liable to you or any third party for any termination, suspension or deactivation of your access to the Services. Further, you agree not to attempt to use the Services after any such termination, suspension or deactivation (except where deactivation is due solely to inactivity, and you are permitted to create another User Account). Account termination may result in destruction of any content associated with your User Account. Any provisions that, by their nature, should survive termination of these Terms of Use shall survive any termination or expiration of these Terms of Use.

Valant reserves the right to investigate and, at our discretion, take appropriate legal action against anyone who violates these Terms of Use, including without limitation, removing any offending communication from the Services, terminating the User Account of such violators, and or blocking your use of the Services.

  1. INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless the Valant Parties from all liabilities, claims, damages (actual and consequential), demands, and expenses, including reasonable attorney’s fees, that arise from or are related to (a) your use of the Services; (b) the violation of this Agreement; (c) the violation of any intellectual property or other right of any person or entity; (d) any person using your Credentials without authorization. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

 

  1. GOVERNING LAW

This Agreement will be governed by Washington law, without regard to the conflicts of law provisions of any jurisdiction.

  1. DISPUTE RESOLUTION BY ARBITRATION. PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS. YOU UNDERSTAND THAT ALL DISPUTES OR CLAIMS BETWEEN YOU AND VALANT, WHETHER ARISING OUT OF OR RELATING TO THESE TERMS (INCLUDING ANY ALLEGED BREACH THEREOF), THE SERVICES, OR ANY OTHER ASPECT OF YOUR ACCESS TO OR USE OF THE SERVICES, WILL BE RESOLVED EXCLUSIVELY THROUGH BINDING AND FINAL ARBITRATION, RATHER THAN IN A COURT, IN ACCORDANCE WITH THIS SECTION. THE ARBITRATION WILL BE CONDUCTED BY ONE NEUTRAL ARBITRATOR IN ACCORDANCE WITH THE THEN-CURRENT RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA RULES”), AS MODIFIED BY THESE TERMS. THE PLACE OF ARBITRATION WILL BE SEATTLE, WASHINGTON, USA AND THE LANGUAGE OF ARBITRATION WILL BE ENGLISH. THE ARBITRATOR MAY DECIDE ALL ISSUES AND INCLUDE IN ANY AWARD RENDERED THE COSTS OF ARBITRATION, REASONABLE ATTORNEYS’ FEES, AND REASONABLE COSTS FOR EXPERT AND OTHER WITNESSES, AND JUDGMENT ON SUCH AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE ARBITRATOR WILL ALSO BE EMPOWERED TO (AT VALANT’S REQUEST): (A) ISSUE AN INTERIM ORDER OR AWARD REQUIRING YOU TO CEASE USING THE SERVICES OR ANY CONFIDENTIAL INFORMATION PENDING THE OUTCOME OF THE ARBITRATION; OR (B) GRANT INJUNCTIVE RELIEF. VALANT MAY ALSO ELECT TO APPLY TO ANY COURT OF COMPETENT JURISDICTION TO SEEK INTERIM OR PROVISIONAL INJUNCTIVE, EQUITABLE, OR OTHER EXTRAORDINARY RELIEF OR ITS EQUIVALENT TO PROTECT ITS CONFIDENTIAL INFORMATION. YOU UNDERSTAND THAT REGARDLESS OF ANY LAW TO THE CONTRARY, YOU MUST BRING OR FILE ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR THESE TERMS WITHIN ONE YEAR OF THE EVENTS GIVING RISE TO SUCH CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED. YOU UNDERSTAND AND AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST VALANT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND THAT UNLESS YOU AND VALANT AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON OR PARTY’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALL ASPECTS OF ANY ARBITRATION CONDUCTED UNDER THIS SECTION, INCLUDING ANY RULING, DECISION, OR AWARD BY AN ARBITRATOR, WILL BE CONFIDENTIAL INFORMATION SUBJECT TO THESE TERMS.
    1. SEVERABILITY

If any provision of this Agreement is unenforceable, that provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

    1. MISCELLANEOUS

Electronic Contracting

Your affirmative act of using the Services and/or creating a User Account constitutes your electronic signature to this Agreement. This Agreement and any other documents to be delivered in connection with the Services may be electronically signed, and any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

SMS/Text Communications

By voluntarily providing your cell phone number to Valant, you agree that Valant may contact you by telephone, SMS, or MMS messages to send you information that we think may be of interest to you at that phone number.

You hereby consent to receiving such communications for transactional, operational, or informational purposes, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Valant. You agree to indemnify and hold Valant harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider. You can opt out of receiving text messages at any time by adjusting your notification settings in your account or otherwise following the given instructions for doing so. Note that opting out of receiving all texts may impact your use of the Services.

If you change or deactivate the phone number you provided to Valant, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive Valant’s standard SMS messages unless you also unsubscribe via the above procedures.

Limitation of Claims

No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose.

 

Entire Agreement; Waiver

This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, each of which are incorporated herein by reference, constitute the entire agreement between you and us and supersede all previous written or oral agreements. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Headings

The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.

Assignment

We may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our business or any assets to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

Eligibility

You must be 18 years of age or over to create a User Account or use the Services on your own. Those under the age of 13 may not use the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Services only under the supervision of your parent or guardian who has agreed to these Terms of Use. By using the Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child, and that all references in these Terms of Use to “you” shall refer to such child or such other individual on whose behalf you have authorization to enter into these Terms of Use and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.  Please note that Healthcare Providers may have additional policies or requirements for minors using the Services, including but not limited to parental consent or physical presence requirements related to the Healthcare Provider’s provision of treatment or other services.

If you do not qualify under these Terms of Use, you may not use the Services. Use of the Services is void where prohibited by applicable law, and the right to access the Services is revoked in such jurisdictions. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use. The Services are administered in the United State and intended for United States users only; any use outside of the United States or use related to activities outside of the United States is prohibited and at the user’s own risk. Users are responsible for compliance with any local, state or federal laws applicable to their use of the Services.

 

 

Contact Information:

For questions and other notices being sent in connection with these Terms of Use you can reach Valant at:

myiotermsofuse@valant.com

 

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