This Notice was originally published and effective as of November 17, 2021
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
This Notice of Privacy Practices (the “Notice”) is required by law to inform you of how Subscribili, Inc. and it affiliates (collectively, “we” or “our”), may use and disclose your Protected Health Information to carry out treatment, payment or business operations and for other purposes that are permitted or required by law. We have elected to voluntarily substantially comply with the standards set forth in with the Health Insurance Portability and Accountability Act (“HIPAA”).
“Protected Health Information” or “PHI” is information about you, including demographic information, that may identify you and that relates to your past, present or future physical health or condition, treatment or payment for health care services.
This Notice also describes your rights to access and control your Protected Health Information.
Permissible Uses and Disclosures of PHI Without Written Authorization
Your Protected Health Information may be used and disclosed by our health care providers, our staff, and others outside of our office that are involved in your care and treatment for the purpose of providing health care services to you, to support our business operations, to obtain payment for your care, and any other use authorized or required by law.
Treatment and Healthcare Operations: We will use and disclose your Protected Health Information to provide, coordinate, or manage your health care and any related services. This includes the coordination or management of your health care with a third party. For example, your Protected Health Information may be provided to a health care provider to whom you have been referred to ensure the necessary information is accessible to diagnose or treat you.
Payment: Your Protected Health Information may be used to bill or obtain payment for your health care services, including transmission of certain Protected Health Information to third party payment processors for the purpose of processing your payments for health care services.
Health Care Operations: We may use or disclose, as needed, your Protected Health Information in order to support the business activities of this office. These activities include, but are not limited to, improving quality of care, developing new products and services, providing information about treatment alternatives or other health-related products, benefits or services we or other third parties may offer, development or maintaining and supporting computer systems, legal services, and conducting audits and compliance programs, including fraud, waste and abuse investigations.
Uses and Disclosures That Do Not Require an Authorization
We are permitted to disclose your PHI upon your request or to your authorized personal representative (with certain exceptions) when required by the U. S. Secretary of Health and Human Services to investigate or determine our compliance with law, and when otherwise required by law. Delta Dental may disclose your PHI without your prior authorization in response to the following:
- Court order
- Order of a board, commission, or administrative agency for purposes ofadjudication pursuant to its lawful authority
- Subpoena in a civil action
- Investigative subpoena of a government board, commission, or agency
- Subpoena in an arbitration
- Law enforcement search warrant or
- Coroner’s request during investigations
Some other examples include: to notify or assist in notifying a family member, another person, or a personal representative of your condition; to assist in disaster relief efforts; to report victims of abuse, neglect or domestic violence to appropriate authorities; for organ donation purposes; to avert a serious threat to health or safety; for specialized government functions such as military and veterans activities; for workers’ compensation purposes; and, with certain restrictions, we are permitted to use and/or disclose your PHI for underwriting, provided it does not contain genetic information. Information can also be de-identified or summarized so it cannot be traced to you and, in selected instances, for research purposes with the proper oversight.
Uses and Disclosures That Require an Authorization
Other permitted and required uses and disclosures will be made only with your consent, authorization or opportunity to object unless permitted or required by law. We may not sell your Protected Health Information without your authorization. Your Protected Health Information will not be used for fundraising.
Revocation of Your Authorization
If you provide us with an authorization for certain uses and disclosures of your information, you may revoke such authorization, at any time, in writing, except to the extent that we have taken an action in reliance on the use or disclosure indicated in the authorization.
Your Rights With Respect To Your Protected Health Information:
You have the right to request an inspection and obtain a copy of your Protected Health Information.
You may request access to or an amendment of your Protected Health Information.
You have the right to request a restriction on the use or disclosure of your protected health/personal information. Your request must be in writing and state the specific restriction requested and to whom you want the restriction to apply. We are not required to agree to a restriction that you may request, except if the requested restriction is on a disclosure to a health plan for a payment or health care operations purpose regarding a service that has been paid in full out-of-pocket.
You have the right to request to receive confidential communications from us by alternative means or at an alternate location. We will comply with all reasonable requests submitted in writing which specify how or where you wish to receive these communications.
You have the right to request an amendment of your protected health information. If we deny your request for amendment, you have the right to file a statement of disagreement with us. We may prepare a rebuttal to our statement and we will provide you with a copy of any such rebuttal.
You have the right to receive an accounting of certain disclosures of your Protected Health Information that we have made, paper or electronic, except for certain disclosures which were pursuant to an authorization, for purposes of treatment, payment, healthcare operations (unless the information is maintained in an electronic health record); or for certain other purposes.
You have the right to obtain a paper copy of this Notice, upon request, even if you have previously requested its receipt electronically by e-mail.
Right To Change Terms Of This Notice
We reserve the right to revise this Notice and to make the revised Notice effective for Protected Health Information we already have about you as well as any information we receive in the future. You are entitled to a copy of the Notice currently in effect. Any significant changes to this Notice will be posted on our website. You then have the right to object or withdraw as provided in this Notice.
We will notify you if a reportable breach of your unsecured Protected Health Information is discovered.
Notification will be made to you no later than 60 days from the breach discovery and will include a brief description of how the breach occurred, the Protected Health Information involved and contact information for you to ask questions.
Complaints about this Notice or how we handle your Protected Health Information should be directed to our HIPAA Privacy Officer. If you are not satisfied with the manner in which a complaint is handled you may submit a formal complaint to the Department of Health and Human Services, Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/. We will not retaliate against you for filing a complaint.
We must follow the duties and privacy practices described in this Notice. We will maintain the privacy of your Protected Health Information and to notify affected individuals following a breach of unsecured Protected Health Information. If you have any questions about this Notice, please contact us by emailing us at firstname.lastname@example.org or calling us at 737-279-5566 and ask to speak with our HIPAA Privacy Officer.
Information we collect and receive
- Nature of Services
Subscribili provides a technology platform that enables healthcare and other service providers (“Providers”) to offer their services and products directly to consumers and for consumers to purchase services directly from Providers. Nothing on the Subscribili Services or in any of our other interactions with you or in your use of any of the Services should be construed as creating or establishing or promoting a physician-patient relationship between Us and you or you and any other third party.
SUBSCRIBILI DOES NOT PROVIDE MEDICAL, DENTAL, OR HEALTH RELATED SERVICES AND DOES NOT PROVIDE INSURANCE OF ANY TYPE. SUBSCRIBILI PRODUCTS ARE DISCOUNT MEDICAL PRODUCTS AND NOT COMPREHENSIVE INSURANCE.
- Modification of These Terms
We may modify these Terms or add additional terms from time to time to reflect, for instance, a change to the Subscribili Services or a change to the law. If we make changes to the Terms, we promise to notify you of the changes by sending an email notification, providing notice on the Subscribili Services, or updating the “Last Updated” date at the beginning of these Terms. You should review the Terms regularly. Any changes to the Terms will be effective immediately upon being posted to the Subscribili Services. Continued use of the Subscribili Services after any changes to the Terms shall constitute your consent to such changes. If you object to any changes in the Terms, you may not access or use the Subscribili Services.
- No Responsibility for Provider Services or Products
Any healthcare or other service or product you receive from a Provider shall be between you and the Provider, and we shall have no responsibility for such services or products. We shall not be responsible for any inaccuracies, misrepresentations, misdiagnoses, treatment errors, or other acts or omissions of the Providers.
Subscribili does not provide medical advice; respond to medical inquiries; endorse any Provider; endorse any specific medical procedure, product, test, or opinion; or make any representation or warranties with respect to a Provider or the quality of services or products they may provide. Subscribili is not responsible for the healthcare or related services or products that a Provider may provide.
- No Guarantee of Provider, Provider Services, or Provider Products
We cannot guarantee that Providers or their services or products listed in the Subscribili Services will be available. Providers may choose to dis-enroll from, or not participate in, Subscribili at any time or change the services or products they offer. Although we cannot guarantee that Providers are available and can provide the desired services or products, we will use commercially reasonable efforts to ensure that all Provider listings within Subscribili Services are as accurate as possible.
- User Accounts and Security
Users: Subscribili is available to both Visitors and Subscribers (collectively, “Users”) of the Subscribili Services. You become a Subscribili Visitor (or “Visitor”) by accessing any of the Subscribili Services. You become a Subscribili Subscriber (or “Subscriber”) by purchasing a Provider service or product through the Subscribili Services. In order to use some of the Subscribili Services, you may be required to register for an account (“Subscribili Account”). In order to create a Subscribili Account, you will need to register, which includes providing us with your access credentials, such as an email address and password. We encourage you to use “strong” passwords that use a combination of upper and lower case letters, numbers, and symbols.
True and Accurate Information: As a User you agree to provide, as applicable, (i) true, accurate, current, and complete information about yourself when prompted; and (ii) maintain and properly update your Subscribili Account information to keep it true, accurate, current, and complete. If you provide information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that you have, or you intend to, violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate, as applicable, your use of your Subscribili Account, the Subscribili Services, and Provider services (or any portion thereof).
Access Credentials: You are solely responsible for (i) authorizing, monitoring, controlling access to, and maintaining the strict confidentiality of your access credentials; (ii) not allowing another person to use your access credentials; and (iii) any damages that may be incurred as a result of your failure to maintain the strict confidentiality of your access credentials. Subscribili is not liable for any harm related to your disclosure of access credentials, or your decision (in violation of the Terms) to allow another person or entity to access and use the Subscribili Services using your access credentials. You must immediately notify Subscribili if you become aware of any unauthorized use of your access credentials or any other concerns that you have about the misuse or security of your Subscribili Account by using the contact information listed below.
Account Sharing: Because Subscribili allows its Subscribers to add their family and friends to one Subscribili Account, it may become necessary for Subscribili to send care-related information of a Subscribili Subscriber to the originating Subscriber who is responsible for and/or listed on the Subscribili Account. This disclosure may include information related to health care treatment. You hereby agree to hold Subscribili harmless for any losses or injuries that arise, directly or indirectly, from Subscribili’s sharing of your information with other Subscribili Subscribers that share your Subscribili Account.
- User Access Rights and Obligations
User Access Rights: Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable right to view, download, access, and use the Subscribili Services on a computer that you own or control and to run such copy solely for your own personal use and as permitted under these Terms. You are also granted the right to view text, graphics, images, audio, video, or information (collectively, “Content”) that we make available through the Subscribili Services, including any Content licensed from a third party to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Subscribili Services or Content, except as expressly permitted in these Terms or in express written consent from Subscribili. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.
Prohibited Use of the Subscribili Services: The Subscribili Services are intended for your personal, noncommercial use in accordance with the Terms. You agree that you will not (i) use Subscribili Services for any purpose that is unlawful or prohibited by these Terms; (ii) copy, display, or distribute any part of the Subscribili Services in any medium, without our prior written consent; (iii) use the Subscribili Services in whole or part, or any benefit thereof, for any commercial purpose, including, but not limited to, selling, bartering, disposing of, or otherwise transferring any services obtained through the Subscribili Services in violation of these Terms or any of the Providers’ terms and conditions without our express written permission or the express written permission of the applicable Provider; (iv) use the Subscribili Services in any manner which could damage, disable, overburden, or impair Subscribili or interfere with any other party’s use and benefit of the Subscribili Services; (v) use any automated devices, such as spiders, robots, or data mining techniques, to catalog, download, store, reproduce, or distribute Content available on the Subscribili Services; manipulate the Subscribili Services; or otherwise exceed the limited access granted to you by us; (vi) take action to interfere with, interrupt, destroy, or limit the functionality of the Subscribili Services or any computer software or hardware or telecommunications equipment; or (vii) distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.
Content for Informational Purposes Only: Subscribili provides Content relevant to the Provider services and products that are offered on the Subscribili Services. The Content provided in the Subscribili Services, including information about participating Providers and their services and products, is provided for informational purposes only. If you choose to rely on any Content on the Subscribili Services, you do so at your own risk.
You Must Be 18 Years of Age to Use the Subscribili Services: Individuals under the age of 18 may utilize the Subscribili Services only under the supervision of a parent or legal guardian, under such person’s Subscribili Account, and otherwise subject to these Terms.
If you become a Subscriber, we may use automated telephone dialing, text messaging systems and electronic mail to provide messages to you about matters related to your enrollment matters, such as scheduled payments, missed payments, support, and other important information. Any message related to your actual healthcare or benefits for that care will simply ask you to contact us. The telephone messages may be played by a machine automatically when the telephone is answered, whether answered by you or someone else. You give us your permission to call or send a text message to any telephone number you have given us or you give to us in the future and to play pre-recorded messages or send text messages over the phone. You also give us permission to communicate such information to you by e-mail. You understand that, when you receive such calls, texts, or e-mails, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services. You agree that we will not be liable to you for any fees, inconvenience, annoyance or loss of privacy in connection with such calls, texts, or e-mails. You understand that anyone with access to your telephone or email account may listen to or read the messages, notwithstanding our efforts to communicate only with you. If a telephone number(s) you have provided to us changes, or if you cease to be the owner, Subscriber or primary user such telephone number(s), you agree to immediately give us notice of such facts so that we may update our records.
- Proprietary Rights
Copyright: Unless otherwise specified, the Subscribili Services and associated Content are owned by Subscribili or licensed by Subscribili from third parties. All rights reserved. You may not, except with our express written permission, distribute or commercially exploit the Content that appears on the Subscribili Services. Nor may you transmit it or store it in any other web site or other form of electronic retrieval system. Any unauthorized redistribution or re-servicing of any part or all of the Content in any form is prohibited.
Trademarks: Content on the Subscribili Services, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, service and program names, slogans, and the compilation of the foregoing is protected in the U.S. and internationally under trademark and other intellectual property laws. You agree that you will not remove or alter any author, trademark, or other proprietary notice or legend displayed on the Subscribili Services (or printed pages produced from the Subscribili Services).
You further agree to in no other way use any content that appears on the Subscribili Services in a manner that is likely to cause confusion among consumers or that disparages or discredits Subscribili.
- Links to Third-Party Web sites and Accuracy of Content
Links to Third-Party Web Sites: The Subscribili Services may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of Subscribili, and Subscribili is not responsible for the contents of any Linked Site. Subscribili is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Subscribili of the Linked Site or any association with its operators. Your use of any Linked Site is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
Accuracy of Content: Although we strive to ensure the accuracy of the Content on or available through the Subscribili Services, the Content may include inaccuracies or typographical errors. We cannot be held responsible by you for the accuracy of such Content. You may have accessed the Subscribili Services through a Linked Site, including a linked site controlled by a parent, subsidiary, or affiliate of Subscribili. You understand and agree that we are not responsible for the information, products, or services described on those Linked Sites and only these Terms of Service will apply to your use or access to the Subscribili Services. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all Content provided on the Subscribili Services.
Here is some important information to consider when purchasing a subscription plan through the Subscribili Services:
- Subscription plans are not (i) insurance, (ii) qualified health plans under the Affordable Care Act, (iii) pre-payment for future services, or (iv) payment for access to discounted services. Rather, subscription plans are direct payment arrangements between plan Subscribers and Providers for services, products and care provided.
- Subscription plans run for 12 months and include an auto renewal feature. Plan Subscribers can opt out of the auto renewal at any time.
- The Subscription plans are administered by Subscribili, Inc. located at 2504 Yuma Trail, Leander, TX 78641. You can learn more about Subscribili at http://www.Subscribili.com/
- Providers establish their own subscription fees, treatment fees, and terms. Fees and terms may vary depending on Provider, services and products provided, and location.
- Subscribili does not make payments to Providers for medical services. Plan Subscribers and plan sponsors pay Providers for medical services and Subscribili charges Providers fees for use of the Subscribili platform and services.
- Subscription plans include a 30-day money back guarantee. A Subscriber can cancel their plan and receive a full refund up to 30 days after purchase if no services or discounts have been used.
- Home care products include the manufacturer’s shipping, return and warranty policies. Details are included with the product.
- Termination by Us
We may terminate your use of the Subscribili Services at our discretion without notice. If we do so, your Provider at their discretion may fulfill the services and products that you purchased or give you a prorated refund based on the number of months remaining on your Provider services. However, your Provider will not be obligated to provide any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Subscribili Services, or is harmful to our interests, a Provider’s interests, or another User.
The following provisions survive the expiration or termination of these terms of service for any reason whatsoever: Disclaimer of Warranties and Limitation of Liability; Indemnification; Choice of Law; Mandatory Arbitration; No Waiver; and Assignment.
- Disclaimer of Warranties and Limitations of Liability
NO WARRANTY. ALL CONTENT, INFORMATION, SERVICES, AND RELATED GRAPHICS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SUBSCRIBILI AND/OR ITS SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CONTENT, INFORMATION, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SUBSCRIBILI SERVICES FOR ANY PURPOSE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUBSCRIBILI AND/OR ITS SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INFORMATION, SERVICES, PRODUCTS AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SUBSCRIBILI EXPRESSLY DISAVOWS ANY WARRANTY OR GUARANTEE OF ANY KIND ON THE TITLE OR QUALITY OF ANY SUBSCRIBILI SERVICE OR PROVIDER SERVICE OR PROVIDER PRODUCT PURCHASED OR OTHERWISE OBTAINED FROM THE SUBSCRIBILI SERVICES.
LIMITATION OF LIABILITY.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL SUBSCRIBILI AND/OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF SUBSCRIBILI, WITH THE DELAY OR INABILITY TO USE SUBSCRIBILI OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, INFORMATION, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH SUBSCRIBILI, OR OTHERWISE ARISING OUT OF THE USE OF SUBSCRIBILI SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SUBSCRIBILI OR ANY OF ITS SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SUBSCRIBILI SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SUBSCRIBILI SERVICES.
System Outages, Slowdowns, and Capacity Limitations.At times you may experience difficulty accessing the Subscribili Services or communicating with Subscribili through the internet or other electronic services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an internet service provider’s, or Subscribili’s, can experience unanticipated outages or slowdowns or have capacity limitations. Subscribili makes no warranty whatsoever to you, express or implied, regarding the availability of the internet or cell or data service.
Protecting Your Devices and Subscribili Account.Subscribili makes no warranty whatsoever to you, express or implied, regarding the security of the Subscribili Services, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Subscribili Services. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. Subscribili is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices.
ANY CONTENT OR SERVICES OR PRODUCTS OBTAINED FROM THE SUBSCRIBILI SERVICES IN ANY MANNER WHATSOEVER ARE DONE AT YOUR OWN RISK. YOU HEREBY AGREE TO FULLY INDEMNIFY AND HOLD US HARMLESS FROM ANY AND ALL LIABILITY THAT MAY ARISE AS A RESULT OF ANY TRANSACTION OCCURRING BECAUSE OF YOUR USE OF THE SUBSCRIBILI SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LIABILITY OR CAUSE OF ACTION WHICH RESULTS FROM OUR NEGLIGENCE, GROSS NEGLIGENCE, OR RECKLESSNESS. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. ADDITIONALLY, THIS LIABILITY WAIVER AND INDEMNITY PARAGRAPH CONTAINS AND LIMITS ANY LIABILITY OF OURS ARISING FROM ANY STRICT LIABILITY OR INTENTIONAL TORT WE CAUSE, EITHER PROXIMATELY OR OTHERWISE, TO ANYONE.
- Dispute Resolution; Arbitration; Choice of Law; Venue; Sever-abilityof Provisions
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS.
Mandatory Arbitration, Jury Trial and Class Action Waiver: The parties agree that any dispute, controversy or claim arising from or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, your access to or use of Subscribili Services at any time, whether before or after the date you agreed to the Terms, the relationships resulting from any of the foregoing, or the arbitrability of any claim or dispute, must be resolved by binding arbitration, and not by a judge or jury in a court of law. However, you and Subscribili each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. If the AAA is unable to serve and the parties cannot agree on a replacement, a court with jurisdiction will select the administrator or arbitrator. The Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., governs the interpretation and enforcement of this provision.The parties knowingly and voluntarily waive any right (a) to a trial by judge or jury, (b) to participate in a class action or other representative action in court or in class-wide arbitration, whether as a class representative, class member, private attorney general or otherwise, or (c) to join or consolidate claims in arbitration.If a determination is made that the class action waiver is invalid or unenforceable, only this sentence of this arbitration provision will remain in force and the remainder of this arbitration provision shall be null and void, provided that the determination concerning the class action waiver shall be subject to appeal. This arbitration provision shall survive any assignment, cancellation or termination or the bankruptcy of any party. The arbitrator’s decision will be final and binding, except for any appeal rights under the FAA. In the event of any conflict between this arbitration provision and the Terms or the AAA rules, this arbitration provision will govern.
YOU AND SUBSCRIBILI EACH AGREE TO RESOLVE ANY DISPUTES ON AN INDIVIDUAL BAIS AND WAIVE ANY RIGHT TO PURSUE ANY DISPUTES ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
Choice of Law: Unless the parties otherwise agree, this agreement is governed by the laws of the State of Delaware, U.S.A., and if for any reason a claim or dispute is not arbitrated, you hereby consent to the exclusive jurisdiction and venue of courts in New Castle County, Delaware for all disputes arising out of or relating to the use of the Subscribili Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Subscribili as a result of your use of Subscribili Services. Subscribili’s performance is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Subscribili’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of Subscribili Services or information provided to or gathered by Subscribili with respect to such use.
Severability: Except as set forth in the Mandatory Arbitration provision above, if any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Whole Agreement: Unless otherwise specified herein, these Terms constitute the entire agreement between the User and Subscribili with respect to Subscribili and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Subscribili with respect to Subscribili. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents are drawn up in English.
- No Waiver
Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
You may not assign any of your rights under these Terms of Service, and any attempt to do so will be null and void. These Terms may be assigned by us, without your consent, to (i) a parent or subsidiary; (ii) an acquirer of Subscribili, Inc. or any of its assets; or (iii) a successor by merger.