We urge you to read these Terms of Use and Privacy Policy carefully before using medistine.com or information or services available through the use of this website to understand the terms, policies to be applied to you when you create an account on the website or use it, including products or services made available to you on the aforementioned website; and to understand how we (the Medistine) process your personal information, and how you can update and manage such information. Both above-mentioned documents and any other terms referenced herein from time to time will help you better understand what to expect from us (the Medistine), and what we expect from you as you use our website and our services.

Medistine is a AI-powered health platform that enables access to AI health assistant and Medical Experts from the US & Europe for receiving second opinions.

1. General
2. User representations and consents
3. Intellectual property
4. Assignments
5. Modifications and amendments
6. Foreign languages
7. Communications and notifications
8. Children
9. Registration and subscription
10. Authorization
11. Services
12. Information provided by the user
13. Chat with AI Health Assistant and AI generated report
14. Second opinion
15. Payment
16. Links to third-party websites
17. Third-party applications
18. Third party interactions
19. Prohibited uses
20. Fair usage policy
21. Disclaimer
22. Limitation of liability and indemnification
23. Terminations and restriction of access
24. Choice of law and dispute resolution

I.     GENERAL

1. These Terms of Use (the “Terms”) govern accessing to, requesting, procuring, receiving, obtaining, using, or otherwise utilizing the www.Medistine.com(the “Website”) published, owned, and operated by Medistine, Inc. (hereinafter – the “Medistine”, “we”, “us” or “our”, “ours”) and/or services, products, information, features, technologies, software which are made available through the use of the Website (the “Services”).
   1. These Terms of Use and any supplemental terms, policies, rules and guidelines (if any) posted on the Site, including the Privacy Policy, constitute the entire agreement between us and the individual attempting to request, procure, receive, obtain, use, or otherwise utilize any and/or all the Data and/or the Services and/or the Website (hereinafter the “User”, “you”, “your” or “yours”) and supersede all previous communications, proposals and agreements between you and us, whether electronic, oral, or written.
   1. If any provision of the Terms is held to be illegal, invalid or for any reason unenforceable under the present or future laws then such provision or part of the provision shall be deemed severable from these Terms. In all such cases, the Terms shall be construed and enforced as if such illegal, invalid or unenforceable provision has never comprised a part of the Terms; and the remaining provisions of the Terms shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of the Terms a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
   1. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
   1. Some of the Services on the Website may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules (if any).

II.     USER REPRESENTATIONS AND CONSENTS

• By visiting, submitting information to and/or using the Website or any of the Services, you agree, acknowledge, warrant and represent on your own behalf as a visitor (i.e. visitor, proxy, administrator or representative of the aforementionedsame) and/or registered and/or subscribed user of the Website and/or the Services (jointly or severally – the “Registered User”) (collectively referred to throughout the Terms as “User”, “you”, “your” or “yours”) that: (1) you have read this document carefully, and understand the risks and benefits of the Services and hereby give your informed consent to be bound by these Terms; (2) you have the right, authority, and the legal capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein and you are not barred or limited in your capacity to doing so under any applicable laws; (3) you are not a minor in the jurisdiction in which you reside and you are not under 21 years of age; (4) all registration information and other information or content you submit or provide via the Website is and will be true, accurate, current, and complete; (5) you will maintain the accuracy of any registration, contact or payment information submitted by you and promptly update such information as necessary; (6) you will not access the Website and/or the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Website and/or the Services and/or the Data for any illegal or unauthorized purpose; (8) your use of the Website and/or the Services and/or the Data will not violate any applicable law or regulation or these Terms; and (9) you will further comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives of the United States, as well as these Terms of Use.
  • By visiting, submitting information to and/or using the Website or any of the Services, you understand, agree, acknowledge and represent that: (1) personal data and other information of the User will be processed by the Medistine for the purposes stated herein and in the Privacy Policy, and in accordance with it, where applicable and legally permissible; (2) the User is not required to provide, submit or share any personalized information and/or direct identifiers of the User and/or Social Security Number in order to use the Website and/or the Services and/or the Data (including, without limitation the AI generated report and/or the Second opinion as defined herein), except for and to the extent of the information required for creating and maintaining an account on the Website and/or applying for and maintaining subscriptions on the Website; (3) health information that has individual identifiers should not be uploaded, shared and/or provided to the Medistine and/or the Medical Expert as defined herein, any and all direct identifiers of the User, such as name, address, email address, or any other details that could identify an individual, should be removed before such information submission to the Website and/or sharing with the Medical Expert; (4) although unlikely, the Internet is unsecure by its nature and it is possible security protocols could fail, causing a breach of privacy of individually identifiable health information or any other sensitive or personal information, and by using the Website, you agree that you release the Medistine from any liability arising from or related to any such interception or unauthorized access.

III.     INTELLECTUAL PROPERTY

1. Unless otherwise noted and except for the content uploaded/provided by the User, any content you may view on, access or use through the Website and/or associated with the Website, including without limitation, any text, data, graphics, graphics, images, photographs, audio, video, audiovisual combinations, source code, databases, functionality, software, website designs, interactive features, information, suggestions, guidance, reports and other material (collectively “the Data”), as well as any patents, trademarks, service marks and logos contained therein are owned by or controlled by or licensed to the Medistine, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.
   1. We give you permission to display, download, store and print the content only for your personal, non-commercial use. No Data from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, disseminated, sold, published, broadcast, or circulated in any way, except with express written consent of the Medistine or the appropriate rights owner. Such consent or permission must be obtained from the Medistine or the appropriate rights owner in advance, otherwise, such use is prohibited. Requests for such authorization from the Medistine should be submitted via email to medistinehealthcare@gmail.com.
   1. All software and accompanying documentation made available for download or for use from or on the the Website is the copyrighted work of the Medistine or its licensors. Any copy made of information obtained through the Website must include all applicable copyright notices.
   1. YYou acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of the Data, copyrighted materials and trademarks on the Website. You understand that any unauthorized use of such intellectual property is a violation of the copyrights and other proprietary rights of the Medistine, or of other entities or persons, unless the Medistine or the right owner has provided said Data for such express purpose. You further acknowledge that, in the event of any such unauthorized use, the Medistine or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use. Any breach of these Intellectual Property Rights will constitute a material breach of these Terms and your right to use our Services will terminate immediately.

IV.     ASSIGNMENT

• We may assign this agreement at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of the Medistine to another entity. We will post a notice on the Website regarding any change of ownership so that you have the opportunity to discontinue your use of the Website and/or the Services or cancel your registration if you do not wish to continue to use the Website and/or the Services under the new ownership.
  • You may not assign, transfer, distribute, sell, lease, rent, disclose or provide access to your account on the Website or sublicense these Terms of Use to anyone else and any attempt to do so in violation of these Terms shall be null and void.

V.     MODIFICATIONS AND AMENDMENTS

• The Website and the Services made available through it are continually under development and changes to the Website or the Services may be made at any time. We reserve the right to change, modify or remove any part of the Terms and/or the Services and/or the Data and/or the Website, to add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services in our sole discretion at any time and without prior notice to you, unless where legally required. Information about the new services will be included on the Website, and, unless otherwise noted, the Users of new services will be governed by the then current Terms of Use. Thus, you should visit this page periodically for changes and/or before each use. Any changes to these Terms are effective upon posting to the Website, unless otherwise specified.
  • If you do not agree to these Terms partially or in full, or any of the documents referenced herein or any changes/modifications made to the Services and/or the Website, your sole remedy is to discontinue your use of the Website and the Services and request deletion or delete your account on the Website (if any) immediately. Your continued use of the Website and/or the Services after the effective date of any such changes shall constitute your affirmative acknowledgement of the Terms of Use, the modification and agreement to abide and be bound by the Terms of Use, as amended.
  • We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. Nothing in the Terms will be construed to obligate us to maintain and support the Services and/or the Website or to supply any corrections, updates, or releases in connection therewith.
  • There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.

VI.     FOREIGN LANGUAGES

1. Where the Data and/or the Services (including these Terms) are translated into languages other than English, all such translations are for the convenience of our users only, and the Medistine is not responsible or liable in the event of any translation inaccuracy. The English-language version of these Terms shall control and apply in the event of any conflict with content or translation. The User understands that the Data and the Services, including but not limited to questions and answers, may not have the same meaning in translation, and that treatments (including but not limited to medication names, medical terms) and other information may differ from country to country and in different languages and may not be available in all places. In addition, the User understands and agrees that consultations with the Medical Experts in any form (including but not limited to video calls and written communication) made available via the Website may not be available in languages other than English, and the User agrees not to conduct a consultation with the Medical Expert in a language in which he/she is not proficient without the use of a professional translator. The User understands that the Medical Expert may not be a native speaker and that the Medical Expert’s ability to communicate may be limited. If the User chooses to use a translator in connection with Services and other use of Website, the User understands that the Medistine is not liable for any errors or omissions in translation.

VII.     COMMUNICATION AND NOTIFICATIONS

1. Visiting and/or using the Website and/or Services, sending us emails, completing online forms and/or communicating with us via other acceptable electronic means of communication constitute electronic communications.
   1. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, including but not limited to publishing on the Website, via your email address and/or done via your account on the Website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions, initiated or completed by us or via the services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction, which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
   1. You agree that we may send to you notifications and/or communicate with you (1) by email, using the email address that you provided to us during registration, (2) by posting communications/messages on the Website, or (3) by other means of electronic communications prescribed in the Terms (collectively – the “Communications”).
   1. You represent that you have the authority to agree to receive/send messages and receive/make calls (where applicable) at/from the telephone number and at/from email address provided to the Medistine by you. You acknowledge and agree that your information may be processed in accordance with, and you are to be bound by, our Privacy Policy.
   1. Any and all such Communications and messaging are considered part of the Services and your account, and may be used among others to authenticate your identity to provide you informational updates about the Services you may have requested and/or the Website and/or your account on the Website; to provide appointment reminders, service announcements, privacy notices and other important information (collectively – “operational messages”), as well as to share marketing/promotional messages concerning our products and services, as well as those of third parties.
   1. You further acknowledge that no purchase is required to register an account, and you may opt out at any time by following instructions from the Medistine and as described in the Privacy Policy. If you opt-out, you may continue to receive Communications for a short period while Medistine processes your request, and you may also receive Communications confirming the receipt of your opt-out request. Opting out of receiving Communications may impact the functionality that the Medistine provides to you.
   1. Message frequency depends on the nature of your request. You also understand and agree that by receiving the Communications you will be charged by your wireless or internet provider and/or your carrier, and you hereby agree to be responsible for all costs, charges and fees you incur from your wireless or internet provider and/or your carrier as a result of choosing to receive such Communications from the Medistine. You also acknowledge and agree that such Communications may be generated by automated systems.
   1. You are aware that such Communications may contain protected health information under the Health Insurance Portability and Accountability Act, 1996 of the USA (HIPAA), including content related to conditions, treatments, and medications. You understand and agree that by using these features, you are expressly opting into receiving your own protected health information by email, SMS/text, or mobile push notifications. These Communications sent by or on behalf of the Medistine may not be encrypted. Although unlikely, it is possible for these communications to be intercepted or accessed without your authorization. By using the Website, you agree that we may use the Communications, despite these risks, and you release the Medistine from any liability arising from or related to any such interception or unauthorized access.

VIII.     CHILDREN

• The Website, as well as the Service and/or the Data available through the Website are not intended for the Users under the age of 21. If you are under 21 years of age, please do not use or access the Website at any time or in any manner. By using the Website, you affirm that you are over the age of 21. We do not seek through the Website to gather personal information from or about persons under the age of 21 without the consent of a parent or guardian.
  • If you are a parent or guardian and discover that your child under the age of 21, or equivalent minimum age depending on jurisdiction, has obtained an account on the Website, then you may alert us at the contact information below under “Contact Us”, and request that we delete that child’s personal information from our systems. If we learn that we have collected the personal information of a child under 21, or equivalent minimum age depending on jurisdiction, outside the above circumstances we will take steps to delete the information as soon as possible, except where prohibited by applicable law.

IX.     REGISTRATION AND SUBSCRIPTION

• You are not obligated to create an account on the Website or subscribe to the Services in order to access or use the Website and/or the Data. However, some Services are only available to the Users who are eligible to and have created an account on the Website and/or subscribed to the Services (the “Registered Users”).
  • The Medistine requires the Registered Users to provide the Medistine with an e-mail address, as well as if and when applicable to create a valid password as indicated on the Website, and the combination of the email address and the password (credentials) will serve as unique identifiers in order to verify the Registered User’s identity and eligibility and/or to log into some sections of the Websites.
  • You agree to keep your password confidential and you will be responsible for any use of the Website and for any use of your credentials, including use by others to whom you have given credentials of your account.
  • The User may choose one of 2 available subscription plans: (1) Free subscription, and (2) Pro subscription. More information on plans can be found on the Website.

X.     AUTHORIZATION

• In case the User acts on behalf of different individual (hereinafter also – the “Main User”) than the User, the User must represent and warrant that he/she has the right, authority, and capacity under applicable laws to enter into binding agreement on behalf of the Main User, to provide and receive Personal and Medical information of the Main User, as well as to act on behalf of the Main User in making decisions related to health care, such as being registered care giving relative, legally approved healthcare giver, medical power of attorney, and court appointed personal representative of the Main User.
  • All and any references made in these Terms and/or on the Website to the User include also reference to the Main User unless otherwise is explicitly stated in the Terms or on the Website and/or unless the context otherwise requires.
  • If you discover that an account on the Website is created and/or the Services and/or the Website are used on your behalf but without your permission or any right, authority, and capacity granted by you or under the applicable laws, then you may alert us at the contact information below under “Contact Us”, and request that we delete such account and any personal information from our systems.

XI.     SERVICES

• The Website and the Services available on and through the Website are designed to provide an informative and educational resource for individuals and health care professionals, to increase the awareness of individuals and their treating physicians.
  • The Medistine provides you with access to the Medistine Artificial Intelligence Health Assistant services (the “AI Health Assistant”), as well as connects the Users with medical specialists or professionals from the US and Europe accepted to participate on or through the Website on the basis of agreement by and between the latter and the Medistine (the “Medical Expert”) for the purposes of providing second opinion and expert advice as mentioned herein.
  • You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Medistine as a result of these Terms or the use of the Services and/or the Website.
  • The User agrees that neither answers from chat with and/or report provided by the AI Health Assistant (the “AI generated report”), nor second opinion provided by the Medical Expert as a result of written consultation (the “Written consultation”) or video call consultation (the “Video consultation”) (collectively – the “Second opinion”) will be used in any legal dispute against third parties including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims without the prior written consent of the Medistine.
  • By requesting, procuring, receiving, obtaining, using, or otherwise utilizing the Website and/or the Services the User is neither seeking nor receiving a medical diagnosis and/or treatment of any kind. The purpose of the Data, Services, the Website and the AI generated reports and/or Second opinionis to give the User access to additional information, which can be used at the User’s sole discretion, responsibility and risk.
  • Both the AI generated report and Second Opinion are based on certain and limited information and documentation, including medical reports, records, images, laboratory results, and test results, which are provided directly by the User to the Medistine and/or to the Medical Experts (if applicable). The AI Health Assistant and/or the Meical Expert will not have the benefit of information that would be obtained by examining the User (the Main User where applicable) and observing the User’s (the Main User’s where applicable) health condition. The AI Health Assistant and/or the Medical Expert may not be aware of all relevant facts and/or information that may affect the Medical Expert’s Second opinion and AI Health Assistant’s response regarding the User (the Main User where applicable). In some cases, these missing facts may be critical to the accuracy of the AI Health Assistant’s and/or the Medical Expert’s understanding and opinion (the AI generated reports and Second opinion). Therefore and to reduce the risk to you of this limitation, the Medistine strongly encourages you to discuss the AI generated reports and Second opinion and any other results of your consultation and/or any other Data obtained through the use of the Website and/or the Services with your healthcare provider. By deciding to request, procure, receive, obtain, use, or otherwise utilize the AI generated reports and/or Second opinion, the User and the Main User (where applicable) both acknowledge and agree that: (1) they are aware of this limitation of the AI Health Assistant and/or Second opinion and agree to assume the risk of such limitation; (2) AI Health Assistant and/or Second opinion are limited and provisional; (3) AI Health Assistant and/or Second opinion are for informational purposes only and are not intended to replace a formal medical opinion, medical advice, medical diagnosis or treatment of any particular condition, or physical examination and/or prescription of the healthcare provider or professional and/or professional health care; (4) the AI Health Assistant and/or the Medical Expert do not have all the important and sufficient information that is usually obtained through a physical examination; and (5) the absence of a physical examination may affect the accuracy of the AI Health Assistant and/or Second opinion; (6) the AI Health Assistant and/or Second opinion and/or the Data available on the Website may not be used in litigation against any third-party healthcare provider as an expert opinion or otherwise.
  • The availability of the Services is subject to the User’s (the Main User’s where applicable) medical condition, state of residence, and the availability of the Medical Expert. Should the Medical Expert and/or the Services be unavailable, and/or the chosen Expert rejects provision of the Services, the Services shall be canceled, the User shall be notified of such cancellation through the means defined in the Terms, and the User shall be refunded the full amount of any payment (fee) made by the User for the Services.

XII.     INFORMATION PROVIDED BY THE USER

• In order to request, procure, receive, obtain, use, or otherwise utilize the Services, the User may be required to provide answers to questions regarding medical condition, history, symptoms, medications, tests, diagnoses, treatments, and other related relevant medical informations, including any and all reports by the physician who has made the medical diagnosis, or has otherwise evaluated and/or treated the User (the Main User where applicable), for which the User now requests, procures, receives, obtains, uses, or otherwise utilizes the Service and/or the AI Health Assistant and/or Second opinion (collectively – the “Medical Information”).
  • The User shall submit to the Medistine, either via uploading through the Website or otherwise as instructed on the Website, any Medical information, including, without limitation, health records, medical reports, records, images, laboratory results, test results, and any other medical documents or data (collectively – the “Records”), which the User chooses to be contained in the Website within his/her/their Website account and on the basis of which he/she wants the AI generated reports and/or Second opinion to be prepared.
  • The User shall be able to access, view, download, and/or print the Records and the AI generated Report through the Website at anytime in accordance with these Terms and Privacy Policy.
  • When uploading the Records, the User hereby represents and warrants that: (1) transmission, accessing, downloading, uploading, or copying the Records for the purposes and in any manner indicated in these Terms and Privacy Policy do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party; (2) the User is the owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Medistine, its Medical Expers and third party service providers to use the Records for the purposes and in any manner indicated in these Terms and Privacy Policy; (3) the User has the written consent, release, and/or permission of each and every identifiable individual person in the Records to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Records for the purposes and in any manner indicated these Terms and Privacy Policy; (4) the Records are accurate, true, and complete, as well as are of sufficient clarity and quality; (5) the Records are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by the Medistine); (6) the Records do not ridicule, mock, disparage, intimidate, or abuse anyone; (7) the Records are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people; (8) the Records do not violate the privacy or publicity rights of any third party; (9) the Records do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors; (10) the Records do not contain any personal information of a child under 21; (11) the Records do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; (12) the Records do not violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation; (13) the Records do not contain any personalized information and/or direct identifiers of the User and/or Social Security Number.
  • The User further agrees, acknowledges and represents that any and all Medical Information will be submitted as required as indicated on the Website and in accordance with these Terms and Privacy Policy; any Medical Information that is not accurate, true or complete, as well as that is not of sufficient clarity and quality, as determined by the Medical Expert and/or the Medistine, may significantly impair the accuracy, efficacy, utility, and/or completeness of the Services and the AI generated reports and/or Second opinion.
  • Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your access to the Website and/or rights to use the Services.
  • We do not assert any ownership over the Records. You retain full ownership of all of the Records and any intellectual property rights or other proprietary rights associated with your Records.
  • You will have the opportunity to submit feedback and suggestions regarding your experiences with the Website, the Services and/or the Medical Experts, to submit inquiries and to participate in the other interactive and community features of the Website. It is important that you act responsibly and be clear and honest when providing such information or feedback. When participating in other interactive or community aspects of the Service, please do not post any confidential, personal or other information that another user or the Medical Expert may use to identify you as an individual, but please do include all relevant information in a concise manner to help us provide you with a helpful response.
  • We reserve the right to publish your feedback as part of the Service and to also to remove it for any reason. You are, however, solely responsible for any such information or feedback that you submit, publish or display on the Website or transmit to other members and/or other users of the Website.
  • Although we perform regular routine backups of data, you are solely responsible for all data and/or Records that you transmit or that relates to any activity you have undertaken using the Services.
  • The Medistine takes seriously the privacy of the Records, your personal and Medical information. Accordingly, we have taken all reasonable restrictions necessary to protect your confidentiality in accordance with all applicable laws. In addition, you authorize the Company and their respective Medical Experts, employees, contractors, business associates and/or agents to access, review, research, analyze, discuss and copy your Medical and Personal Information as may be necessary to provide the Services and the Reports you request. The use of your Medical Information will not exceed this stated purpose, unless and until you authorize and direct such additional disclosure(s).
  • You authorize the Company to access, review, research, analyze, discuss, and copy your anonymized medical information. This information will be used solely for the purpose of enhancing the Website and providing improved Services. All use of your data will be in accordance with applicable privacy and data protection laws, and in line with our Privacy Policy.

XIII.     CHAT WITH AI HEALTH ASSISTANT AND AI GENERATED REPORT

• The Users may ask any health-related question and receive responses from the AI Health Assistant.
  • Based on the the chat the Users have had with the AI Health Assistant and/or Records submitted by the User, a summary report of the User’s (the Main User’s where applicable) current health status (the “AI generated Report”) is generated. The AI generated Report shall contain a synthesis of and references to the Records submitted by the User. The information, data, and/or other input used to create the AI generated Report is limited to the information, data, and/or input submitted by the User through the Website and contained in the Records.

XIV.     SECOND OPINION

• The User may choose and request one of following types of the Second opinion (collectively – the “Second opinion”): (1) the Second opinion prepared based on the Records and written communication with the Medical Expert (hereinafter also – the “Written consultation”) and (2) the Second opinion provided by the Medical Expert based on both the Records and written communication with the Medical Expert, as well as video call (the “Video call”) with the Medical Expert and during such Video call (hereinafter also – the “Video consultation”). Request to obtain the Second opinion (the “Second opinion Request”) shall contain the name of the Expert chosen from the list of the Medical Experts available/displayed on the Website, as well as type of the Second opinion as indicated above.
  • In order to request, procure, receive, obtain, use, or otherwise utilize the Second opinion the User hereby represents that the User (the Main User where applicable) has already received a medical diagnosis, or has been otherwise evaluated and/or treated by a physician, regarding that medical condition for which the User now requests, procures, receives, obtains, uses, or otherwise utilizes the Services and the Second Opinion. The User shall request, procure, receive, obtain, use, or otherwise utilize the Second Opinion on the User’s account as indicated on the Website.
  • To request and receive the Second opinion the User shall complete the submission of the User’s request to receive the Second opinion (the “Second opinion Request”) once the User has submitted all the Medical Information, and the Records as indicated and required on the Website, and has submitted the payment as displayed in the Second opinion Request. The Written consultation will be provided, and the Video consultation will be arranged within reasonable time and as described in the Product Guide.
  • The User acknowledges that notwithstanding available Records and apart from them, the Medical Expert may recommend the User to obtain an image or images of higher resolution, or whose quality and/or utility is otherwise improved, as well as to obtain additional or alternative images, tests, laboratory work, and/or other medical evaluations, in order to improve the accuracy, efficacy, and/or utility of the Second opinion.
  • The User understands that in the event of any additional or alternative, tests, laboratory work, and/or other medical evaluations and treatments are requested by the Medical Expert for the Second opinion and/or recommended in the Second opinion, such tests and treatments will not be ordered as part of the provision of the Services and cannot be ordered via the Website, and the costs for such testing and treatments are separate and distinct from, and in addition to, the fees charged for the Services.
  • The User acknowledges that the User will be required to obtain a new Second opinion should the User wish to incorporate such new Medical Information into the Second opinion.
  • The Video call shall occur through the Website and last up to 30 minutes at the discretion of the Medical Expert.
  • The User acknowledges that a Video call does not replace a physical examination with a physician as stated in the subsection 36 of these Terms.
  • Should any individual other than the User (or the Main User where applicable) be present during the Video call, the User (and the Main User where applicable) expressly authorizes the Medistine and/or the Medical Expert to disclose the User’s (the Main User’s where applicable) Personal Health Information (PHI) to such individual during the Video call.
  • The User acknowledges that the Video calls may be recorded for their own use and reference with regard to the Second opinion and such recordings may be used by the User in line with HIPAA and GDPR, as well as thePrivacy Policy and these Terms.
  • The Second opinion shall be provided by the Medical Expert chosen by the User as determined by the Medistine. In the Second opinion the Medical Expert shall generate a summary of his/her medical opinions regarding the User’s medical condition which shall be made available to the User by the Medistine through the Website.
  • The Medistine is, in no way, responsible for the opinions of the Medical Experts expressed in written form, on and during the Video calls or otherwise.
  • The User acknowledges that the Second opinion shall not constitute a diagnosis, but rather shall be limited to the impression, review and evaluation of the User’s (the Main User’s where applicable) medical condition, based on the Personal Information, the Medical Information, and the Records submitted by the User, and, if applicable, the video call (the “Video call”) as described in these Terms.
  • The User acknowledges that the Second opinion may or may not contain: (1) the Medical Expert’s opinion on or other assessment of the User’s medical condition; (2) the Medical Expert’s recommendation for any potential treatments: (3) discussion of, or even reference to, all or any of the risks associated with such potential treatments; (4) discussion of, or even reference to, any potential alternative treatments.
  • The User understands and acknowledges that any and all participating Medical Experts on the Website are independent contractors, and the Medistine engages the Medical Experts and lists their credentials on the Website on the basis of representations made by and documents submitted by the respective Medical Experts.
  • The User understands and acknowledges that the Medical Experts may engage in a private medical practice that is independent from the Medistine and the Services, and that any consultation, diagnosis, care, treatment, and/or other service of the User by the Medical Expert without delivery through the Website is wholly independent and unrelated to the Second opinion, the Services and/or the Company and is outside the scope of the Second opinion and/or the Services as indicated in these Terms, including, without limitation, “Third Party Interactions” section of these Terms.

XV.     PAYMENT

• You acknowledge that you are responsible for all fees charged by the Medistine for the Services.
  • The Medistine does not accept payment in the form of cash, check, money order or insurance reimbursement. Major credit cards are the only accepted means of payment (e.g. MasterCard, Visa, American Express, Discover).
  • The User agrees to submit the full payment for the Services (the “Payment”) before the Services are rendered and acknowledges that the Medistine will not initiate providing the Services until the Company receives the Payment.
  • If you pay by credit card, you authorize us and/or our third party processors to bill and charge the credit card indicated in your order for any fees and any other amounts provided for in your order as the same become due and payable. In the event that your credit card expires, or has insufficient funds or we are otherwise unable to debit the applicable amounts from your credit card, we shall provide notice to you, whereupon you shall immediately furnish us or our third party processors with an alternate credit card account number.
  • Fee for the Second opinion (the “Total fee”) consists of the fee to be paid to the Medical Expert (the “Medical Expert fee”) and fee to be paid to the Medistine (the “Medistine fee”). The User understands that while the Medistine fee is fixed, the Medical Expert fee may vary depending on the Second opinion type (the Written consultation or the Video consultation) and the Medical Expert chosen by the User and/or the fee schedule of such Medical Expert. The Medical Expert fees are made available to the Registered Users on the Website. While completing the submission of the Second opinion Request the Total fee, the Medical Expert fee and the Medistine fee will be displayed to the User.
  • Fees to be charged for choosing the Pro Subscription plan will be displayed on the Website.
  • Any fees for the Services may be waived, removed, changed, or altered as determined by the Medistine and as indicated on the Website. All payments shall be made in US dollars. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received the Payment.
  • You will receive a full refund of the Payment in the event of: (1) the Second opinionis not provided to the User in the timeframes set in these Terms; (2) the Second opinion Request is rejected and/or cancelled by the Medistine or by the Medical Expert: (3) the Medical Expert and/or the Services are unavailable.

XVI.     LINKS TO THIRD-PARTY WEBSITES

• The Website may contain links to websites, including links provided as automated search results, controlled or operated by persons and companies other than the Medistine (the “third-party websites”). If you use these links, you will leave the Website, and the Terms do not apply to any such websites. Third-party websites are not under the control of the Medistine, and the Medistine is not responsible for the contents of any third-party website, including without limitation any link contained on a third-party website, or any changes or updates to a third-party website. The Medistine is not responsible if the third-party website is not working correctly or for any viruses, malware, or other harms resulting from your use of a third-party website.
  • The Medistine is providing these links for your convenience only. In addition, providing links to such websites should not be anyhow interpreted as endorsement or approval by us of the organizations sponsoring, owning or operating such third-party websites or their products or services.
  • You are solely responsible for viewing and abiding by the privacy policies and terms of use posted on the third-party website. You are solely responsible for any dealings with third parties who support the Medistine or are identified on the Website, including any delivery of and payment for goods and services.
  • The Medistine does not share your personal information and/or any other information provided by you with those websites and is not responsible for their privacy practices. Should you decide to visit one of these third party websites, we suggest that you read its Privacy Policy.

XVII.     THIRD-PARTY APPLICATIONS

• You acknowledge that your access and use of any third-party applications or software available on the Website (the “third-party applications”) is at your discretion and risk, and the Medistine has no liability to you arising from your use of the third-party applications. The Medistine hereby disclaims any representation, warranty, or guaranty regarding the third-party applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the third-party applications, and you agree to indemnify and hold the Medistine harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the third-party applications.

XVIII.     THIRD PARTY INTERACTIONS

• Your interactions with any entities or individuals found on or through the Website or the Services provided through the Website (the “third party”), including any interactions with the Medical Experts, any payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities or individuals (third parties). You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any such third party.
  • You are solely responsible for, and will exercise caution, discretion, common sense and best judgment in, using the Website and disclosing any personal or other information to such party.
  • You agree that the Medistine shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and any third party, you understand and agree that we are under no obligation to become involved, unless otherwise is imposed by applicable law.

XIX.     PROHIBITED USES

• You may not access or use the Website and/or the Data and/or the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial purposes except for those that are specifically endorsed or approved by us.
  • As a User you hereby agree not to:

1. send or otherwise transmit any unsolicited or unauthorized messages and materials, including advertising, marketing, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes”, “spamming” or “phishing” messages, or URLs containing a referral code or referral address, or links to businesses or pages with advertising, including “blind” or “hidden” referral links or any other form of unrequested solicitation;
   1. copy, modify, adapt, translate, reverse engineer, disassemble or decompile any section or technology on the Website, or create derivative works of the Services or allow a third party to do so, whether directly or indirectly, or attempt to do any of the foregoing;
   1. circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Data or enforce limitations on the use of the Services and/or the Data contained therein;
   1. upload or transmit (or attempt to upload or to transmit) viruses, Trojans, spyware, worms, bots, logic bombs, or other material which is malicious or technologically harmful, or which interferes with any User’s uninterrupted use and enjoyment of the Website and/or the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website and/or the Services;
   1. post, send, publish, upload, or transmit any unlawful, illegal, infringing, harmful, harassing, defamatory, threatening, obscene, bullying, abusive, hateful, discriminatory, sexually explicit, false, inaccurate, deceitful, or misleading, invasive of another’s privacy or otherwise objectionable material of any kind;
   1. bypass (or attempt to bypass) any measures of the Website designed to prevent or restrict access to the Website and/or the Services;
   1. use the Website and/or the Services as part of any effort to compete with us or otherwise use the Website and/or the Services and/or the Data for any revenue-generating endeavor or commercial enterprise;
   1. remove any copyright, trademark or other proprietary rights notices contained in or on the Website and/or the Services or in or on any Data or other material obtained via the Website and/or the Services;
   1. launch or use any automated system, including without limitation, “robots,” “spiders”, “cheat utility”, “scraper”, or “offline readers” or similar data gathering and extraction tools;
   1. access, retrieve or index any portion of the Website and/or the Services and/or the Data to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
   1. collect, store, use or disseminate personal data or other information about other the Users in any manner whatsoever, or gain unauthorized access to the Website, to other Users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Website;
   1. misrepresent your identity or affiliation in any way;
   1. impersonate (or attempt to impersonate) the Medistine, the Medistine employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
   1. transfer, distribute, sell, lease, rent, disclose or provide access to the Services to any third party or use the Service to provide service bureau, time sharing or other services to third parties;
   1. use a buying agent or purchasing agent to make purchases on the Services.
   1. use the Website and/or the Data and/or the Services in a manner inconsistent with any applicable laws or regulations or these Terms.

Any of the foregoing may result in actions including but not limited to termination of your access to the Website or any of the Services. In addition, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

• We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of information, content or data provided and/or posted by you or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

XX.     FAIR USAGE POLICY

Medistine operates a fair usage policy (FUP). It is important to Medistine that all eligible Medistine users are able to access our Services. Accordingly, we have devised a FUP which applies to all our Services. Medistine may rely on this fair usage policy where your usage of the Services is excessive or unreasonable as detailed in this paragraph. Medistine has developed a threshold for the Services and the related plans by reference to average user profiles and estimated user usage of the Services (particularly the estimated number of messages with the AI Health Assistant) (the “Threshold”). If, at the absolute discretion of Medistine, Medistine is of the opinion, that your usage of the Services materially exceeds the Threshold over any period (to be determined at Medistine’ sole discretion), Medistine reserves the right to suspend, at its absolute discretion, or restrict your use of the Services or to withdraw your access to the Services entirely.

XXI.     DISCLAIMER

• The Medistine is not itself a medical provider and does not engage in the practice of (tele-)medicine. The Medistine or any third parties who promote the Website and/or Services on its behalf or provide you with a link to the Website shall not be liable for any professional advice you obtain from the Medical Expert via the Services/the Website.
  • The User acknowledges and agrees that although some of the Data that is provided to the User on the Website or through the use of the Website and/or the Services may be provided by individuals in the medical profession; or any assistance provided to the User in helping to find an appropriate medical professional/specialist in any field, the provision and/or use of such Data and/or the Website and/or the Services does not establish any doctor-patient relationship, and/or does not constitute and shall not in any form substitute/replace a formal medical opinion, medical advice, medical diagnosis or treatment of any particular condition, or physical examination and/or prescription of the healthcare provider or professional; and/or the Data is not a substitute for professional health care. Furthermore, the User understands that treating physician(s) of the User will remain at all times solely responsible for the User’s diagnosis, care, treatment and evaluation of the Data. The Data, in the absence of review in a treatment and diagnosis consultation by a healthcare professional, is general, educational information only.
  • While providing Second opinion, the Medical Experts shall not, at any time, be responsible for the Users’ medical opinion, medical advice, medical diagnosis or treatment of any particular condition, or physical examination and/or prescription or any other outcome of the Medical Expert’s opinion. There shall be no doctor-patient relationship between the Medical Experts and the Users.
  • The Website and/or the Services are not intended to address potential or actual medical emergency or life-threatening medical conditions. CALL YOUR DOCTOR OR HEALTHCARE PROVIDER FOR ALL MEDICAL EMERGENCIES.
  • The inclusion of Medical Experts, professionals and specialists on Website or in any professional directory on Website does not imply Medistine’s recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional. The use of Website by any entity or individual to verify the credentials of professionals or specialists is prohibited.
  • We provide the Website, the Services and the Data contained therein on “as is”, “with all faults” and “as available” basis and without any warranty or guaranty of any kind, express or implied. To the fullest extent permissible pursuant to applicable law, we hereby disclaim any representation, warranty, or guaranty of any kind with respect to the Website and/or the Services, either express or implied, including without limitation any warranties of title, merchantability, fitness for a particular purpose or non-infringement. Without limiting the foregoing, the Medistine does not warrant that the Website or the Services will operate uninterrupted or error-free, that loss of data will not occur, or that any defects will be corrected or that the Services, software or the Website are free of computer viruses, contaminants or other harmful components; nor does the Medistine make any representations about the accuracy, reliability, currency, quality, completeness, timeliness, usefulness, performance, security, lawfulness or suitability of the Service or the Website or any of the information provided by users of the Website or any other data or information provided or received through the Website and/or contained therein, including but not limited to the information about the Medical Experts on the Website.
  • We do not guarantee that you will be able to access or use the Services and/or the Website (either directly or through third-party networks) at times or locations of your choosing.
  • Except as expressly set forth herein, the Medistine makes no warranties about the information systems, software and functions made accessible through the Website or any other security associated with the transmission of sensitive information.
  • The Medistine provides the Data and any other information without recommendation or endorsement. We do not recommend or endorse any specific content, services, tests, doctors, products, procedures, opinions, or other information that may be mentioned on the Website or in the AI generated report and/or the Second opinion and/or chat with AI Health Assistant (the “Data”). The Website and/or Services are designed to be used with common sense, and in connection with the advice of your doctor or healthcare provider. You expressly agree that your use of the Website, the Data, the Services and/or the AI generated report and/or the Second opinion and/or chat with AI Health Assistant and your reliance upon any of its contents are solely at your own risk. Some Services and Data (including posts by the Medical Experts) may not be reviewed or certified by the Medistine. We cannot guarantee that the Data and/or Services is safe, appropriate, or effective for you and/or will help you achieve any specific goals, results or outcome. The Data regarding dietary supplements or other treatments or regimens have not been evaluated by the Food and Drug Administration and/or any other authorized body, and is not intended to diagnose, treat, cure, or prevent any disease. You are encouraged to independently confirm the Data and the AI generated report and/or the Second opinion and/or chat with AI Health Assistant with other sources and to seek the advice of a qualified physician.
  • The information provided when using the Services and/or the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services and/or the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Website from jurisdictions where the contents of the Website are illegal or penalized is prohibited.
  • The Website and/or Services are tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), General Data Protection Regulation (GDPR), etc.).

XXII.     LIMITATIONS OF LIABILITY AND INDEMNIFICATION

• In the event of any problem with the Services and/or the Website, you agree that your sole remedy is to cease using the Services and the Website.
  • You agree that the Medistine, its affiliates, its respective officers and employees, agents, partners, associates, the Medical Experts and any other individuals or entities involved in any capacity in providing the Services and/or anyhow promoting the Website and/or the Services, cannot and does not assume any liability or responsibility whatsoever for any loss, damage or inconvenience (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) caused to you or to any third party arising from or in connection with any of the following, whether under a theory of breach of contract, negligence, strict liability or otherwise, even if we have been advised or should have known of the possibility of such damages: (1) errors, mistakes, inaccuracies or omissions in the Data and/or the Services and/or the Website; (2) your access to and use of the Website and/or the Services; (3) any unauthorized access to or use of our secure servers and/or any and all personal and/or medical and/or financial information and/or other sensitive or confidential information stored therein; (4) any modification or change, fee change, suspension or discontinuance of the Services and/or the Terms and/or Data and/or the Website and/or any interruptions, delays or cessations of transmission to or from the Services, as well as for inability of the User to access or use the Website and/or the Services and/or the Data during any downtime or discontinuance and/or suspension of the Services and/or the Website; (5) any bugs, viruses, trojans, or the like which may be transmitted to or through the Website by any third party; (6) misuse of any protected health information, advice, ideas, information, instructions or guidelines accessed through the Services.
  • To the extent permitted under applicable law, you hereby agree to defend, release, indemnify, and hold the Medistine, its affiliates, its respective officers and employees, agents, partners, associates, the Medical Experts and any other individuals or entities involved in any capacity in providing the Services and/or anyhow promoting the Website and/or the Services, harmless from and against any and all claims, demands, costs, expenses (including attorney’s fees), liabilities, losses and damages, including, without limitation, actual, special, incidental and consequential, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct or indirect, arising out of or in any way connected with: (1) your access to the Website; (2) your use of the Services and/or the Website; (3) your breach of the Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your failure to comply with any applicable laws and regulations; (6) your violation of the rights of a third party, including but not limited to intellectual property rights; (7) unauthorized use of your credentials, username or password on the Website; (8) any review, interpretation or analysis or and/or reliance on any and all the AI generated report and/or Second opinion and/or chat with the AI Health Assistant; (9) any overt harmful act toward any other individual or entity (including, without limitation, any user of the Services and/or the Website or any Medical Expert) with whom you connected through the Services and/or the Website; (10) any use of the third-party websites and/or third-party applications and/or interactions with any entities or individuals found on or through the Website or the Services provided through the Website.
  • Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding, which is subject to this indemnification upon becoming aware of it.
  • Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the 1 (one) year period prior to any cause of action arising.
  • Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.

XXIII.     TERMINATION AND RESTRICTION OF ACCESS

1. The Medistine and/or the Medical Experts may cancel the Services at any time in their sole discretion prior to the completion of the Services.
   1. You may delete and/or suspend your account on the Website at any time by logging into your account.
   1. In its sole discretion, the Medistine may terminate or suspend or deny (including via blocking certain IP addresses) your access to and/or use of the Website and/or its features and/or any Services for any reason or no reason at all, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation, any other violation of these Terms or other policies and terms posted on the Website, or infringement of third party rights by you or by someone using your Credentials.
   1. We may terminate your use or participation in the Services or delete your account on the Website and any content or information that you posted at any time, without warning, in our sole discretion. Your account on the Website will be also deleted based on respective request received from you.
   1. In addition to termination/suspension prescribed in these Terms, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
   1. The Medistine shall not be liable to you or any third party for any termination/suspension of your access to the Website and/or to the Services and/or for any losses or damages arising from any such termination/suspension.
   1. You agree that if your use of the Website is terminated, deleted or deactivated pursuant to these Terms, you will not attempt to use the Website and/or the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore.
   1. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension.
   1. Subject to any applicable law, any cause of action or claim you may have arising out of or relating to these Terms or the Website or Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
   1. The provisions of these Terms concerning the Website security, prohibited uses, copyrights, trademarks, disclaimer, limitation of liability and indemnification, choice of law and dispute resolution shall survive any such termination.

XXIV.     CHOICE OF LAW AND DISPUTE RESOLUTION

1. These Terms and your use of the Services and/or the Website are governed by and construed in accordance with the laws of the State of Delaware and the United States of America applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
   1. Any controversy, dispute or claim arising out of or related to these Terms of Use or your use of the Services (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State, City and County of California. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The Parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
   1. To expedite resolution and control the cost of any Dispute, the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by the binding arbitration mentioned above.
   1. You understand that without this provision, you would have the right to sue in court and have a jury trial.
   1. In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose.
   1. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.