Schedule a demoSchedule a demoEffective date: 01/01/2023
Welcome to Frontrow Health. Please read on to learn the rules and restrictions that govern your use of our website(s), services, platform and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Email: support@thefrontrowhealth.com
Address: 9435 Big View Drive, Austin, TX 78730
These Terms of Use (the “Terms”) are a binding contract between you (“you” or “User”) and FRONTROW HEALTH, INC. (“Frontrow Health,” “we” and “us”). Your use of the Services in any way, including without limitation by registering for the Services, means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services or are a registered user of the Services. These Terms include the provisions in this document as well as those in the Privacy Policy. These Terms apply to all users of the Services, including, without limitation, registered and unregistered users. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions that we make you aware of from time to time (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
Please read these Terms carefully. They cover important information about Services provided to you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://thefrontrowhealth.com/about/, send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Frontrow Health takes the privacy of its users very seriously. For the current Frontrow Health Privacy Policy, please click here.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at customerservice@frontrowhealth.com
Some Professionals (as defined below) you may interact with in connection with our Services qualify as “health care providers” under the Health Insurance Portability & Accountability Act (“HIPAA Providers” and “HIPAA”, respectively). Such HIPAA Providers may require you to review and acknowledge their specific HIPAA Notice of Privacy Practices; any such terms are between you and such HIPAA Provider. We encourage you to review our Privacy Policy, which provides additional information on how Frontrow Health may use your Personal Data (as defined in the Privacy Policy) and any communications between you and such HIPAA Provider.
By accepting these terms and conditions, you acknowledge and accept that your linked Professional will have access to / be aware of which products you may purchase following the unique links in their store. You also accept that if you opt-in by selecting the check-box that says “I’m looking for relevant recommendations on products my provider loves!” then our health brand partners will have access to your email and be aware of which products you visited on their websites (if you click to specific products on that brand partner’s website from your Professional’s online store). However, our health brand partners will not be given your personal, identifiable health information, other than your email and the information on which products you clicked on and which products you purchased, if any.
Although you may be able to visit the website without registering, you will not be able to access or use any valuable aspect of the Services. You must register and sign up for an account, select a password and user name (“Frontrow Health User ID”), and provide us with certain information or data, such as your contact information. Frontrow Health may refuse to accept your application to register for the Service, in its sole discretion. You promise to provide us with accurate, complete, and updated registration information about yourself. You are required to maintain and update your registration data from time to time, to ensure that it is always current, complete and accurate. You may not select as your Frontrow Health User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. When using our Services or using your Frontrow Health User ID, you represent and warrant that you are an individual of at least eighteen (18) years old.
Professionals who provide Services to you have entered into separate agreements with Frontrow Health under which they are being compensated.
You will only use the Services for your own internal, personal, and non-commercial use and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We cannot and shall not be responsible for your using the Services in a way that breaks the law.
You will not share your Frontrow Health User ID, account or password with anyone, and you must protect the security of your Frontrow Health User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Frontrow Health User ID and account. You agree to notify Frontrow Health immediately of any unauthorized use of your user account or any other breach of security related to the Service.
You understand and agree that your use of the Services, including but not limited to your use of Professional Recommendations (as defined below) does not establish a confidential doctor/patient relationship between you and any Professional.
You acknowledge that although Professional Recommendations (defined below) may be provided by individuals in the medical profession, the provision of such Professional Recommendations does not create a medical professional/patient relationship between you and Frontrow Health or between you and any other individual or entity, and does not constitute an opinion, medical advice, or diagnosis or treatment. The Services, Professional Recommendations, and Content are for general informational purposes only.
Frontrow Health does not offer medical advice or diagnoses, health insurance or any other healthcare services, or engage in the practice of medicine, including without limitation, any medical counseling, testing, prescription, procedure or therapy related to the avoidance, prevention, diagnosis or treatment of any acute or chronic illness, disease or condition (collectively, “Healthcare Services”). Our Services are not intended to be a substitute for Healthcare Services provided by licensed healthcare providers, and are instead offered for informational and communicative purposes only. THE SERVICES ARE NOT, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, NURSING, PHARMACY OR OTHER HEALTHCARE ADVICE BY FRONTROW HEALTH.
Reliance on any information provided by FrontrowHealth or any medical professional or in connection with the Services is solely at your own risk. You are solely responsible for any decisions or actions you take based on the information and materials available through the Services.
THE SERVICES SHOULD NEVER BE USED AS A SUBSTITUTE FOR EMERGENCY CARE. IF YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, YOU SHOULD SEEK EMERGENCY TREATMENT AT THE NEAREST EMERGENCY ROOM OR DIAL 911.
The Services is intended only as a tool, which can be used to assist you in identifying and evaluating Health Brand Products (as defined below) with the help of a Professional. As a result of Frontrow Health’s limited role as an intermediary between you and Professionals or as an aide in identifying appropriate Health Brand Products, Frontrow Health has no control over the appropriateness, accuracy, quality, timeliness, scope, price or risks of or associated with any Health Brand Products or Professional Recommendations. Therefore, you agree to release Frontrow Health of any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Services (including any injuries or disability arising therefrom), All Content and Health Brand Products.
To the extent that any Healthcare Services are offered or provided to you, they are made available exclusively by and solely the responsibility of the applicable Professional, not Frontrow Health. Accordingly, Healthcare Services are not deemed to be within the scope of the Services provided by Frontrow Health, and Frontrow Health shall have no obligation or liability regarding Healthcare Services.
Frontrow Health does not recommend or endorse any specific Health Brand Products or Professional.
As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data about children under 13 years of age; if you are a child under the age of 13, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided Personal Data to us, please contact us at customerservice@thefrontrowhealth.com.
Frontrow Health connects you with those providing products for use in the home (“Health Brands”) and those healthcare professionals providing personalized product reviews (“Professionals”).
Frontrow Health uses reasonable efforts to vet each potential Health Brand and Professional, including checking each Professional’s relevant certifications, before connecting a certain Professional to you. However, before and after receiving product reviews from any Professional (“Professional Recommendations”), you are responsible for making your own determinations that the recommended Health Brand Products are suitable. Please note that Professional Recommendations will be provided to you by the Professional and through email, which you acknowledge is not secure. Frontrow Health is only responsible for connecting Professionals to Users, and cannot and shall not be responsible for making sure that Professional Recommendations are appropriate or up to a certain standard of quality. Frontrow Health similarly cannot and shall not be responsible for ensuring that information (including credentials) Users or Professionals provide about himself, herself or themselves is accurate or up-to-date. We don’t control the actions of any Users or Professionals, and Professionals are not our employees or representatives.
You acknowledge that, upon your request and based on information you provide to Frontrow Health, Professionals will, in good faith assess whether the Health Brand Products are beneficial to you and provide Professional Recommendations, but that Professionals will not be capable of knowing every possible adverse event that could come from the Health Brand Product or your use of the Health Brand Product, and thus, shall not be held liable resulting from your use of any Health Brand Product.
Professionals are independent contractors of Frontrow Health and not employees, partners, representatives, agents, joint venturers, or franchisees of Frontrow Health. Frontrow Health does not offer the Professional Recommendations and does not employ individuals to perform the Professional Recommendations. You hereby acknowledge that Frontrow Health does not supervise, direct, control or monitor the Professional Recommendations and expressly disclaims any responsibility and liability for the Professional Recommendations, including but not limited to any warranty or condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.
Before purchasing any products from Health Brands (“Health Brand Products”), you are responsible for making your own determinations that the Health Brand Products are suitable. Frontrow Health is only responsible for connecting Health Brands with Users, and cannot and shall not be responsible for making sure that Health Brand Products are of a certain standard of quality, safety, efficacy or other standard. Frontrow Health similarly cannot and shall not be responsible for ensuring that information (including credentials) Health Brands or Users provides about himself, herself or themselves or about the Health Brand Products that is offered is accurate or up-to-date. We don’t control the actions of any User or Health Brands, and Health Brands are not our employees or representatives.
Frontrow Health does not sell or manufacture the Health Brand Products. You hereby acknowledge that Frontrow Health does not supervise, direct, control or monitor the Health Brand Products and expressly disclaims any responsibility and liability for the Health Brand Products, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.
As part of the Services, you may receive communications through the Services, including messages that Frontrow Health, Professionals or Health Brands send to you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Frontrow Health, Professionals or Health Brands to send you information regarding your account or transactions with us, which may include Frontrow Health, Professionals or Health Brands using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Frontrow Health, Professionals or Health Brands, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Frontrow Health, Professionals or Health Brands. You agree to indemnify and hold Frontrow Health, Professionals or Health Brands harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
Are there restrictions in how I can use the Services?
You represent, warrant, and agree that you will not provide or contribute anything, including any All Content, to the Services, or otherwise use or interact with the Services, in a manner that:
(a) infringes or violates the intellectual property rights or any other rights of anyone else (including Frontrow Health);
(b) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Frontrow Health;
(c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) jeopardizes the security of your Frontrow Health User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
(e) attempts, in any manner, to obtain the password, account, Frontrow User ID, or other security information from any other user;
(f) violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or All Content (through use of manual or automated means);
(i) copies or stores any significant portion of the All Content; or
(j) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
The materials displayed, performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright, privacy and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content and Professional Recommendations (collectively, “All Content”) that you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any All Content not owned by you, (i) without the prior consent of the owner of that All Content or (ii) in a way that violates someone else’s (including Frontrow Health’s) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services and your Professional Recommendations made only to you, solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any All Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Frontrow Health owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain All Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
Who is responsible for what I see and do on the Services?
Any information or Content publicly posted or privately transmitted through the Services or Professional Recommendations that are privately transmitted is the sole responsibility of the person from whom such Content or Professional Recommendations originated, and you access all such information and All Content at your own risk, and we are not liable for any errors or omissions in that information or All Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the All Content or what actions you may take as a result of having been exposed to the All Content, and you hereby release us from all liability for you having acquired or not acquired All Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services, except for Professionals that you interact with, and are not responsible for which users gain access to the Services. For clarity, Frontrow Health does not undertake to pre-screen, authenticate, validate, monitor, moderate or edit any Professional Recommendations that is supplied by a Professional.
You are responsible for all Content you contribute, if any, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Frontrow Health. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Frontrow Health is not responsible for such risks.
Frontrow Health has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services, including Health Brands’ websites. In addition, Frontrow Health will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services, and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service, including Health Brands’ websites or services.
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any All Content, Health Brands, or Professionals from the Services at any time, for any reason, in our sole discretion, and without notice.
The Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
Health Brand Products are offered at the prices set forth on Health Brands’ website and you may choose at your discretion to purchase Health Brand Products through the Health Brands’ website as referenced in the product recommendation. Your interactions with Health Brands found on or through the Services, including 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 Health Brands. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Frontrow Health or Professionals 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 participants on this site or Services, or between Users and any third party, you agree that Frontrow Health is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Frontrow Health, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
You’re free to do that at any time by contacting us at customerservice@thefrontrowhealth.com please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provided to us after you have stopped using our Services.
Frontrow Health is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Frontrow Health has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any All Content associated with your account, so keep that in mind before you decide to terminate your account.
If you have deleted your account by mistake, contact us immediately at customerservice@thefrontrowhealth.com– we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
From time to time Frontrow Health may offer rewards or incentives for referring others to the Services. The referring user (“Referrer”) may refer individuals or entities who are neither current customers of Frontrow Health nor registered users of the Services (“Referee”). A registered user is a person or entity that already has an existing account with Frontrow Health. There is no limit to the number of referrals that Referrer can make, nor the cumulative rewards or incentives that the Referrer may receive through such special offer, unless otherwise indicated. Referrer will receive the stated reward or incentive for each Referee sent by the Referrer that completes the required action described in that specific offer (such as signing up for an account or making a purchase). All Referees must be first-time recipients of the offer, and multiple referrals to the same individual or entity will be disregarded. Frontrow Health reserves the right to modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at Frontrow Health’s discretion for any reason or for no reason whatsoever. If Frontrow Health determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, Frontrow Health reserves the right to (a) revoke any rewards or incentives issued to either Referrer or Referee and/or (b) charge the Referrer or Referee for any rewards or incentives (1) used by Referrer or Referee prior to such revocation or (2) issued by Frontrow Health to any ineligible Referrer or Referee. All special offers are subject to any other terms, conditions and restrictions set forth on the Services or presented in connection with the special offer.
Warranty Disclaimer. Frontrow Health for itself and its Professionals and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Frontrow Health and all such parties together, the “Frontrow Health Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content or Professional Recommendations contained in or accessed through the Services, and the Frontrow Health Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Frontrow Health Parties make no representations or warranties regarding suggestions or recommendations of Health Brand Products offered or purchased through or in connection with the Services. THE SERVICES AND ALL CONTENT ARE PROVIDED BY Frontrow Health (AND ITS LICENSORS, PROFESSIONALS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PARTICULAR RESULTS OR OUTCOME CAN BE ACHIEVED BY THE SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE Frontrow Health PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO Frontrow Health IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree that Frontrow Health Parties shall not be responsible or liable for any unauthorized access to, alteration or use of your account, transmissions or data, or for any material or data sent or received or not sent or received through the Service. You agree that Frontrow Health Parties shall not be responsible or liable for your or any User’s threatening, defamatory, obscene, offensive, illegal or other content or conduct or for your or any other user’s violation of another person’s rights, including rights of publicity or privacy rights.
Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold the Frontrow Health Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Frontrow Health’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Frontrow Health and limits the manner in which you can seek relief from Frontrow Health. Both you and Frontrow Health acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Frontrow Health’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Austin, Texas. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Frontrow Health will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Frontrow Health will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or Frontrow Health may assert claims, if they qualify, in small claims court in Austin, Texas or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any 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.
(d) Waiver of Jury Trial. YOU AND Frontrow Health WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Frontrow Health are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Frontrow Health over whether to vacate or enforce an arbitration award, YOU AND Frontrow Health WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Frontrow Health is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this section by sending written notice of your decision to opt out to the following address: 9435 Big View Drive, Austin, TX, 78730 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Frontrow Health to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Frontrow Health agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in Delaware.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Frontrow Health.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Frontrow Health may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Frontrow Health agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Frontrow Health, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Frontrow Health, and you do not have any authority of any kind to bind Frontrow Health in any respect whatsoever.
Except as expressly set forth in the section above regarding the arbitration agreement, you and Frontrow Health agree there are no third-party beneficiaries intended under these Terms.
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