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Terms & Conditions for Online Sales

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED HEREIN. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

1. Applicability of Terms and Conditions.
These terms and conditions (these "Terms") shall apply to your purchase of products and related services through https://www.mypatientvoice.com (the “Site”). These Terms are subject to change at any time without prior written notice by My Patient Voice LLC, a California limited liability company (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.​

2. Online Orders.

When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order at our discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address you provided at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of canceling your order (in its entirety only) at any time prior to your receipt of the product or service selected.

3. Payment Terms.

All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us at our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

4. Shipping Information

Most if not all of our products and services will be delivered and/or performed through electronic or telephonic means.  In the event physical shipment is needed or appropriate, it is our responsibility to ship your accepted order to you at the address you provided when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.  

5. Returns.

My Patient Voice will not issue refunds for any reason after your receipt of a product or service.

6. Authorizations.

You authorize My Patient Voice to collect, use, access, and maintain your personal information, including medical and health information provided by you or by your health or insurance provider, in accordance with the Privacy Policy (see Section 7 below) in order for My Patient Voice to provide and deliver products and services you purchase on the Site.  Further, you agree that you may receive email and telephone communications from My Patient Voice, including scheduling, marketing, and other sales materials, in response to or related to contact submissions you submit on the Site.

7. Privacy Policy and Website Terms of Use.

Please review our Privacy Policy and Website Terms of Use, which can be found at the following addresses respectively: https://www.mypatientvoice.com/privacypolicy and https://www.mypatientvoice.com/termsofuse. The Privacy Policy governs our processing, collection, use, access, and maintenance of all personal information that we may collect from any person through the use of our Site. The Terms of Use govern your use of our Site in general.​

8. Representations & Warranties; Disclaimers; Limitations on Liability.

(a)​ Buyer’s Representations & Warranties.
You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying products or services from the Site for solely your own use, at your own risk and not for resale or export.​​
 

(b) Disclaimer.
The information, products, and services on the Site do not constitute legal, medical or financial advice and may include inaccuracies or typographical errors. Such information, products, and services should not be relied upon exclusively for personal or financial decisions and should not be relied upon at all for medical or legal decisions; rather, we recommend you use such information, products and services in conjunction with the advice of a qualified professional tailored to your situation. In short, your use of the information, products and/or services is at your own risk. ​​

THE PRODUCTS AND SERVICES PURCHASED FROM THIS SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE PRODUCT(S) AND/OR SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MY PATIENT VOICE AND ANY OF ITS PARTNERS, MANAGERS, MEMBERS, OWNERS, AFFILIATES OR EMPLOYEES DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, ONLY CERTAIN LIMITATIONS MAY NOT APPLY TO YOU. 

(c) Limitation of Liability. 
UNDER NO CIRCUMSTANCES WILL MY PATIENT VOICE OR ANY OF ITS PARTNERS, MANAGERS, MEMBERS, OWNERS, AFFILIATES OR EMPLOYEES BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR YOUR USE OF PRODUCTS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF MY PATIENT VOICE OR ANY OF ITS PARTNERS, MANAGERS, MEMBERS, OWNERS, AFFILIATES OR EMPLOYEES TO YOU FOR ALL CLAIMS RELATING TO THE PRODUCTS OR SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO MY PATIENT VOICE FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.​​

You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, only those exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

THE PARTIES EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

9. Third-Party Beneficiaries.

These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

10. Force Majeure.

Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.​

11. Assignment.

Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

12. Partial Invalidity.

In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

 

​13.​​ Governing Law / Binding Arbitration.

(a) Governing Law. 
These Terms shall be governed by the laws of the State of California without regard to its conflict of laws principles.​​
 

(b) Binding Arbitration.
Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, In the event My Patient Voice is unable to resolve any dispute, controversy or claim arising out of or related in any manner to these Terms with you after attempting to do so informally, then as a condition to your use of the Site, products and/or services you, on behalf of yourself, your heirs and assigns, and My Patient Voice, on behalf of itself and its partners, managers, members, owners, affiliates and employees, mutually agree to resolve such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution ("JAMS"). JAMS will administer any such arbitration under its commercial arbitration rules.  The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of California. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the Parties. The arbitration will be held in the United States county where you live or work, Los Angeles (CA), or any other location as to which we may then mutually agree. A party seeking arbitration must first send to the other, by certified mail and email, a written notice of dispute.  With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section (13) provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.​

(c) Small-Claims Option.

Notwithstanding the foregoing, ​you may elect to pursue a breach of warranty claim in small-claims court rather than to submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 90 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute, i.e., you are not permitted to file or participate in, a class action suit in small-claims court with respect to these Terms.

(d) My Patient Voice may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the services or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.

(e) In the event that the agreement to arbitrate provided herein is found to be inapplicable or unenforceable for any reason, then as a condition to your use of the Site, the products and/or services you and My Patient Voice mutually agree that any resulting judicial proceedings will be brought in the federal or state courts of Los Angeles, California, and by your use of the Site, products and/or services you expressly consent to venue and personal jurisdiction of the courts therein.​

14. No Waivers.

Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

15. Notices.

We may provide notices hereunder to you by (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by email at jonna@mypatientvoice.com.  

16. Entire Agreement.

These Terms, along with the confirmation email referenced in Section 2 above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, any other services agreement between you and My Patient Voice, any terms and conditions that may be provided in connection with any promotion or other sale, and our Site’s ‘Terms of Use’ and ‘Privacy Policy,’ shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.​

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