Introduction & Scope.
Welcome, these are the Terms for the service provided via www.patientpass.com (the “Site”). This is a legal agreement which sets forth the terms and conditions on which Patient Pass will provide services to you or to the legal entity you represent.
Unless otherwise stated to the contrary herein, these Terms apply to this Site, and any website that references these Terms, along with any of Patient Pass’ operated websites and software applications, as well as any data Patient Pass may collect across partnered and unaffiliated websites.
User Agreement & Acceptance.
By accessing our Site, you are agreeing to be bound by these Terms, which constitute a legally binding user agreement, along with any and all applicable laws and regulations. By using our Site, you represent and warrant that you: (a) are 18 years of age or older; (b) agree to all of the terms and conditions stated herein; (c) have the right, power, and authority to bind your represented entity to these Terms.
You hereby acknowledge and covenant to abide by and comply with any applicable federal, state, local and other healthcare laws, including but not limited to, HIPAA and HITECH. If you do not agree with any of these Terms, you are prohibited from using or accessing this Site.
The Site’s accessibility to the user is solely provided for the user’s individual benefit. In order to use the functionalities and services provided, you may need to register for an account, thereby disclosing personally identifiable information.
“Covered Entity” shall mean, as per HIPAA rules, a person or entity, including physicians, advanced practitioners, dentists, chiropractors, health plans, health care clearinghouses and other health care providers, who electronically transmit any health information in connection with transactions for which the U.S. Department of Health and Human Services has adopted standards.
“HIPAA” shall mean the Health Insurance Portability and Accountability Act of 1996.
“HITECH” shall mean the Health Information Technology for Economic and Clinical Health Act.
“Patient” shall mean means the person who is the subject of PHI treated by a Covered Entity.
“Patient Pass” and “our”, “us” or “we” shall mean Patient Pass LLC.
“Site” shall refer to www.patientpass.com and its web pages and sub-domains and software applications.
“Services” shall mean the HIPAA complaint platform provided, operated and managed by Patient Pass where Patients can use their devices connected to the Internet in order to communicate PHI, all done via a chat and text interface (and/or voice and video interface) between a Covered Entity’s offices and such Covered Entity and its staff.
“Terms” shall refer to these Terms and Conditions of Service.
“You”, “your(s)” or “yourself” shall refer to a Patient, Covered Entity, visitor or registered user of our Site.
The terms “collect”, “process”, “treat”, “use”, “share”, “disclose”, “divulge” and analogous words shall refer to your PI, PHI and other data collected from our visitors and registered users.
Account Registration and Security.
In order to use our Services, you may need to create an account with us, including all mandatory fields on our registration forms, as requested by us from time to time. You must provide accurate and complete information. You agree to keep secret the password (if any) chosen upon creating your account and not to communicate it to anybody. If you lose or disclose it, you must promptly inform us.
You are solely responsible for the activity that occurs on your account and for keeping your password (if any) secure and confidential, and must notify us immediately of any breach of security or unauthorized use of your account. You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password. To ensure and protect patient identity and secure use, we reserve the right to request identification from our users, at any time and at our sole discretion.
Patient Pass provides, operates and manages the Service provided for Covered Entities that allow them to send and receive two-way means of SMS communication and participate in an online chat (and/or audio/video) interface with their Patients.
User Representations and Warranties.
You hereby represent, warrant and covenant that your use of our Site and Services, and all your uploaded and used data shall be at all times compliant with these Terms and all local, state, federal and international laws and regulations applicable to you and your organization, including without limitation, any and all laws, regulations, and obligations relating to licensed medical services, privacy, publication, consumer protection, advertising, and industry self-regulatory guidelines or similar industry agreements or arrangements, including without limitation with the HIPAA Act and HITECH Act.
If you have any questions or complaints regarding the Site or our Services, please contact us by email as indicated on our contact web page. We will undertake commercially reasonable efforts in order to answer as quickly as possible. You must provide us with full details of your service query so that we can clearly asses your concerns.
Changes to the Services.
Patient Pass reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the Site and the Services, at any time and without notice. Any changes will be displayed on the Site, and we may also notify you by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update – either by an account registration or simple use – thereby indicates your acceptance thereof. Notwithstanding the foregoing, Patient Pass shall not amend the Services in a manner inconsistent with applicable federal, state, local and other healthcare laws, including but not limited to, HIPAA Act and HITECH Act.
Patient Pass does not knowingly provide its Services to persons under the age of eighteen (18) – though services may be utilized by someone with guardian status for persons under 18. Accordingly, we reserve the right to request any and all applicable proof of identification and consent proof from our users, at any moment, without prior notice, and at our sole and final discretion. Patient Pass does not knowingly collect any kind of information from any person under the age of thirteen (13), and will delete any related information when made aware of such.
Upon the terms and conditions of 47 U.S.C. Section 230(d), Patient Pass informs its users about the commercial availability of parental control mechanisms which may assist them in limiting access to minors of material that is or may be considered harmful. Patient Pass thereby encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors.
By disclosing, uploading and making available user generated content, personally identifiable information and to us and our affiliates, partners and clients, you are acknowledging and agreeing to the Terms of our Policy. Such data and information will be collected, treated, stored and processed as per our Policy.
User Generated Content.
Our Service allow users to upload certain content into Patient Pass’ platform, including personal picture, contact lists, client and project information, certain types of databases and other files. By uploading any user generated content, you warrant and represent to us that:
- You are entitled to post upload such content, and have all necessary licenses and consents to do so;
- The content does not infringe on any intellectual property right, including without limitation copyright, patent or trademark, confidentiality, privacy or other proprietary right of any third party;
- The content does not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is, an invasion of privacy
- The content will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
Patient Pass encourages you to report violations of our Terms. Patient Pass has the right, but not the obligation, to monitor any activity and user generated content (e.g. text, names, photos, posts, feedback, images, comments, graphics, questions and other content – see User Code of Conduct, below) to determine compliance thereof, and to edit or remove any data or content submitted to or posted on the Site that we find to be in breach of our Terms or that is objectionable.
User Code of Conduct.
As our user, you agree not to undertake, motivate, or facilitate the use or access of the Site or the Services in order to:
- Infringe these Terms, or allow, encourage or facilitate others to do so.
- Plagiarize and/or infringe on the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
- Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
- Republish, sell, rent or sub-license content or materials from the Site without our authorization.
- Reproduce, duplicate or copy material from the Site without our authorization.
- Distribute, post or otherwise make available any content that: (i) infringes on or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes on any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
- Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
Third Party Links.
From time to time, we may place or link to ads and promotions from third-party sources in the Site. Accordingly, your participation or undertakings in promotions of third parties other than Patient Pass, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. Patient Pass is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
The images, texts, posts, information, photographs and other content and media displayed on or through the Site and Service are undertook by external third parties, and does not reflect Patient Pass’ opinions, nor do Patient Pass, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.
You acknowledge and agree that Patient Pass shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. Each registered user is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
Copyright and Content Ownership.
The trademarks, copyright, service marks, registered service marks and/or registered trademarks, trade names and other intellectual property rights and proprietary notices displayed on the Site and our products and Services are the property of – or otherwise are licensed to – Patient Pass, its licensors or affiliates, or the respective title holders, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the USA and other jurisdictions throughout the world.
Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant you any right of transfer or interest in the Site and our products and services.
Digital Millennium Copyright Act (‘DMCA’) Notice.
For DMCA Takedown Notices and alleged intellectual property rights infringement within the Site, you can get in touch with us as indicated in our contact section. Under United States of America (USA) law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney’s fees.
You must notify us of your claim with subject: “Takedown Request”. Once received, Patient Pass will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’s copyright, Patient Pass may delete it, disable or otherwise stop displaying it.
Your DMCA notification claim must be made in writing and must at least contain the following information: (i) your signature and identification, or the ones of the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.
If you wish to uphold your right to a Counter Claim Notice, under Sections 512(g)(2) and (3) of the DMCA. To file a Counter Claim Notice, please contact us in writing, and with a Counter Claim Notice containing the following information, at a minimum: (i) express identification of the content that we may have or have removed from our Site and section or domain it was displayed; (ii) contact information, such as your address and your email address; (iii) a signature and identification of the title holder and/or the person authorized to act; and (iv) a statement indicating that you swear, under penalty of perjury, that you have a good faith belief that the information provided in the Counter Claim Notice is true and accurate.
Account Suspension & Termination.
Patient Pass encourages you to report violations of our Terms. Users undertaking conducts that may constitute a factual – or even alleged – breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension/termination, at our sole and final discretion, without notice and without responsibility.
We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use our platform, or if you suspect a breach of security or unauthorized use of your account.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site or our Services.
The Site, itself, contains general information only for reference, and such information is not medical advice, and should not be treated as such. You must not rely on the information on this Site (from Patient Pass, itself) as an alternative to medical advice from your doctor, Covered Entity or other professional healthcare provider toward a Patient.
All information posted through our Site is intended for reference and convenience purposes only, which may include inaccuracies or errors, and does not constitute a direct endorsement of any kind of any medical procedure, treatment, product or service.
You bear sole responsibility for your own healthcare decisions. You agree that it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using our Services.
Neither Patient Pass nor its agents, officers and/or affiliates are acting as medical professionals in their duties relating to the Site and Service; their advice (if any) is not meant as a substitute for medical advice, no doctor-Patient relationship arises between you and Patient Pass, and nothing on this Site or the Service should be misconstrued to mean otherwise.
Disclaimer of Warranty.
To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind. Though Patient Pass has taken reasonable and appropriate steps to address regulatory compliance and subjugate risk, the entire risk of satisfactory quality and performance resides with you and the Covered Entity involved. Patient Pass, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment.
Neither Patient Pass, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Platform, the Services or the Site will be error-free, uninterrupted, secure, or produce any particular results. No advice or information given by Patient Pass or its employees, affiliates, contractors and/or agents shall create a guarantee. The Services or the Site have not been completely tested in all situations or devices, in that such situations and devices may contain or allow exposure to malicious code, operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects.
Disclaimer of Damages.
In no event shall Patient Pass, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Patient Pass, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.
Limitation of Liability.
In recognition of the relative risks and benefits of the Services provided via the Site, to both Patient Pass and you, the risks have been allocated such that you, our user and/or customer, hereby acknowledges and agrees, to the fullest extent permitted by law, to limit the maximum cumulative liability of Patient Pass to you for any and all claims, losses, costs, damages of any nature, arising out of or related to your use of the Site and any Services thereon or whatsoever claims expenses from any cause or causes (including reasonable attorneys’ fees and costs and expert witness fees and costs), to the amount that is or results inferior among: (i) the amount paid, if any, by you to us in connection with the Site and any Services during the twelve (12) months prior to the action giving rise to such liability; or (ii) the reasonable cost incurred in addressing claim.
Certain jurisdictions do not allow the exclusion or limitation of implied warranties or damages. Henceforth, if you fall under rule of such jurisdictions, part or all of the disclaimers or liability limitations mentioned herein may not apply to you, and you might have additional rights not limited by law.
You shall indemnify, hold harmless, and defend Patient Pass, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Patient Pass’ Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Patient Pass’ Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Patient Pass); and/or (ii) any third party claim arising out of or in relation to Patient Pass or use thereof in combination with your business platform, including without limitation, any claim that Patient Pass violates, infringes, or misappropriates any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.
Assignment. You may not assign or transfer these Terms by operation of law or otherwise without our prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of Patient Pass’ assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
California Residents Notice. As indicated in the California Civil Code, Section 1789.3, our California users have the right to be made aware of this information: the Site is provided to you by Patient Pass LLC. For any inquires or complaints regarding the Site, please contact our customer service team at the address indicated in our website. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Force Majeure. Patient Pass shall not be liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond our reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.
No Embargo. You hereby represent and warrant that: (i) you are not located in a country that is subject to an international government’s embargo, or that has been designated by any nation’s government as a “terrorist supporting” country; and (ii) you are not listed on any government’s list of prohibited or restricted parties or activities.
Equitable remedies: You hereby acknowledge and agree that if these Terms are not specifically enforced, Patient Pass will be irreparably damaged, and therefore you agree that Patient Pass shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
Entire Agreement. These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by both parties.
Governing Language. From time to time, these Terms may be translated into other languages for your convenience, such as Spanish. The English language version of each of these documents shall be the version that prevails and governs your use of Site and our Services. Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.
Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.
Newsletters. The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your subscriber preferences. As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.
No Waiver. Failure by Patient Pass to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
No Relationship. Patient Pass is an independent contractor, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
No Spam. We will not tolerate, nor allow Patients or Covered Entities others to undertake, any and all use of any information regarding the Site and the Services pursuant to the remission of any other unsolicited bulk communication to any of our users or to any third party. Under the CAN-SPAM Act, you may not access the Site to harvest and/or collect any information about our users, for any purpose, and any commercial communication that you may receive from us and/or our partners, licensors, suppliers and affiliates will clearly indicate measures to stop receiving such communications, including unsubscribe links and appertaining instructions.
Notices. All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or: (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt. Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
Waiver for California Residents. If you are a user currently residing in the State of California, you hereby acknowledge and waive Section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against Patient Pass shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and Patient Pass, you may not adjoin or consolidate any claim with more than one person’s; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.
Waiver of Jury Trial. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.
Applicable Law, Dispute Resolution.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Patient Pass that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of these Terms. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This arbitration applies to you and Patient Pass, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (a “Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Patient Pass should be sent to our address as indicated in our contact section. After the Notice is received, you and Patient Pass may attempt to resolve the claim or dispute informally. If you and Patient Pass do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. The amount of the award shall also be limited by the Limitation of Liability section of these Terms, to the extent applicable.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms.
The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.
Any hearing will be held in a location within 100 miles of Patient Pass’ business premises, unless you reside outside of the USA, and unless the parties agree otherwise. If you reside outside of the USA, the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings, as detailed here below. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, reputable video conference based tools and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or Patient Pass pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Patient Pass, and the dispute 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 AAA Rules, and the Terms.
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 Patient Pass.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in the City of Fort Worth, State of Texas, United States of America, for such purposes.
If you have any questions or comments about us, our Site, our Terms and/or these Terms, please contact us at email@example.com or in writing at: P.O. Box 1771, Fort Worth, Texas, 76101
Date of last effective update is July 9, 2019.