IMPORTANT NOTICE: THESE TERMS AND CONDITIONS OF USE ARE SUBJECT TO A WAIVER OF CLASS ACTION RIGHTS AND THE RIGHT TO A JURY TRIAL AS DETAILED IN SECTION 14 (BINDING ARBITRATION AND CLASS ACTION WAIVER) BELOW. IT REQUIRES YOU AND RECEPTIVE, YOUR PROVIDER, AND CERTAIN OTHER RECEPTIVE PARTNERS TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE READ CAREFULLY.
DO NOT USE THESE SERVICES FOR EMERGENCY MEDICAL OR MENTAL HEALTH NEEDS. IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
The services offered through the Platform (collectively, “Services”) may include:
Services available on the Platform may be sold or offered by Receptive or by third-party medical groups, pharmacies, labs, or other third-party partners. The Platform provides you with access to contractor with Providers and provides Telehealth Services through the Platform. The Services may change from time to time, and Receptive may choose to add new Services or suspend or discontinue some or all of the Services, in its sole discretion.
Your Relationship with Us.
Telehealth involves the delivery of health care services using electronic communications, information technology or other means between a health care provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth.
Telehealth Services are not intended to take the place of your relationship with your regular in-person health care practitioners or primary care physician.
The Providers have also adopted a Notice of Privacy Practices describing their collection and use of your health information. By accessing or using any part of the Services, you are acknowledging receipt of the Notice of Privacy Practices from your Provider(s).
Where appropriate, your Provider(s) may also request your cooperation in obtaining records from your previous health care providers to assist in providing the best care for you (this may include signing a release and/or authorization to speak to all other health care providers that you see).
The Services are not for emergencies. IF YOU BELIEVE YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY. If you are thinking about suicide or if you are considering taking actions that may cause harm to yourself or others, call the National Suicide Prevention Hotline anytime at 1-800-273-8255 (en Español 1-888-628-9454) or go to the nearest emergency room. You can also use the 24/7 Crisis Text Line by texting “HOME” to 741-741.
Receptive’s Platform and Services, including Telehealth Services, are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Platform. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary care physician and other health care professionals as recommended.
Always seek the advice of a physician or other qualified health care prescriber concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or medication.
Please be aware the Services, including the Telehealth Services and the delivery of any medication prescribed through the Services, will stop being provided at the termination of your Services. The Services are not an insurance product.
The Services are not health insurance or a substitute for health insurance, and the amounts you pay for Services on the Platform are not insurance premiums. The Services do not meet any individual health insurance mandate under federal or state law. If you desire any type of health or other insurance coverage, you will need to acquire such insurance separately.
Other Platform Content.
Outside of health care advice you receive directly from a Provider, the content of the Platform provided as part of the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Receptive. All information provided by Receptive, or in connection with any communications supported by Receptive (including resources from the cognitive behavioral therapy exercise library, meditation guides, articles and blog posts published on Receptive’s website and other general health care-related information and self-guided resources), is intended to be for general information purposes only, and is in no way intended to create a health care provider-patient relationship.
No Users Under 18 Years Old.
Your Device Functionality.
You are responsible for obtaining and maintaining your device, software, operating system, carrier, and network access necessary to properly access and use the Services. Receptive does not guarantee that the Platform or any portions thereof will function on or in connection with any particular device, software, operating system, carrier, or network. Receptive will have no liability for errors, unreliable operation, or other issues resulting from use of the Platform on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system.
All rate and data fees of your device’s carrier apply to your use of the Platform and Services and Receptive is in no way responsible for your carrier rates and data fees, where applicable.
You may only have one (1) User Account. A User Account is not transferable between individuals.
User Account Activity and Responsibility.
You agree that all information you submit to create your User Account, including but not limited to your name, date of birth, address, phone number, and email address, shall be truthful, accurate, and complete, and you shall maintain accuracy and completeness of the information associated with your User Account. You will be required to select a password to access your User Account. Your User Account is personal to you, and you are solely responsible for maintaining the confidentiality of the credentials to access your User Account, and you are responsible for all activity that occurs under your User Account. You may not allow another individual or third party to access, use, or modify your User Account. You are responsible for maintaining the security of your User Account, including keeping your login credentials secret to only yourself. Please contact email@example.com immediately if you suspect that another individual or third party has gained access to your User Account.
Refusal of Services on Fraud.
Receptive may, but does not assume the obligation, to request further information from you to provide the Services. If you do not timely provide this information in the manner requested, we reserve the right to suspend, discontinue, or deny your access to and use of the Platform and the Services until you provide the information to us as requested. Without limitation, Receptive may refuse to provide its Services and/or deactivate your User Account for any reason in Receptive’s sole discretion, including where we suspect fraud or illegal activity. This includes, but is not limited to, stolen payment information or falsified medical information resulting in a prescription and subsequent supply of medication by the Pharmacies or other chosen local pharmacy.
Your Payment Information.
You will promptly notify Receptive if your payment information has changed, if your payment method has been canceled, or if you become aware of a breach of security. You acknowledge that we may process an authorization hold using your payment information in order to verify the information provided. If your payment card details change or are due to expire, we may request updated payment details from you, including your card number, expiration date, and CVV (or equivalent). By providing us updated payment information, you authorize us to continue to charge your card using the updated information so that you can continue to receive your Subscription or other Services.
If any invoice is not paid in a timely manner, or your payment is not successfully settled, due to expiration, insufficient funds, chargebacks, or otherwise, we reserve the right to suspend, disable, cancel, or terminate your User Account until we have successfully charged a valid payment method.
You agree to pay all other fees and charges associated with your User Account that are not included in the Service Fee, including, for example, appointment no-show fees, cancellation fees or late rescheduling fees, cost of prescribed medication and refills, costs of laboratory tests, additional single visits with a Provider, co-pays, co-insurance and deductibles and other costs not covered by your health insurance plan, and any fees for any Services (collectively, “Other Fees”), on a timely basis and according to the terms and the rates presented to you. By using the Services and incurring such Other Fees, you authorize us to bill and charge your payment method on file for such Other Fees in full.
Trials and Promotional Fees.
Receptive may periodically offer discounts to its Services in the form of free trial periods or promotional fees. The terms of those discounts will be stated at the time you sign up or when you purchase a specific Service or product. You may only be permitted to use one free trial or promotional fee offer. If your Subscription is ever canceled or terminated for any reason, and you purchase an additional Subscription, you may not be eligible for a free trial or to take advantage of another promotional fee offer.
Receptive is not currently accepting insurance nor are we enrolled with state health care programs such as Medicare, Medicaid, and/or Veterans Affairs. We will accept insurance at a future time and the following will apply.
If you have health insurance, your insurance plan may cover all or a portion of your use of our Services, including costs associated with the Telehealth Services, prescribed medication filled by Pharmacies, and/or laboratory products and services provided. Subject to the terms of any written agreement between Receptive and the insurance plan, if you provide information about your health insurance to us, that will be deemed your authorization for Receptive, and/or their affiliates or partners to submit claims and bill for Services on your behalf and share necessary information with the insurance plan to process payments and reimbursements.
By electing to use insurance for our Services, you hereby assign all medical benefits, including but not limited to, major medical insurance, sick benefits, and injury benefits, due to you because of liability of a third party, such as auto insurance or workers’ compensation insurance, and the proceeds of all claims resulting from the liability of the third-party payable by any person, employer, or insurance company to or for you up to the full amount of your medical bill.
You also hereby authorize and direct your insurance carrier(s), including Medicare, private insurance, and any other health/medical plan, to issue payment directly to Receptive, one of their affiliates or partners for medical services rendered to yourself regardless of your insurance benefits, if any.
Your insurance policy is a contract between you and your insurance plan, and it is your responsibility to know your benefits, including if your insurance has any deductible, co-payment, co-insurance, out-of-network, usual and customary limit, prior authorization requirements or any other type of benefit limitation for the Services you receive, and how your benefits will apply to your payments. If you purchase Services with your insurance plan, you authorize Receptive or one of its affiliates or third-party partners to charge your payment method on file, if applicable, and any fees not covered by your insurance, such as co-pays, co-insurance, deductibles, and Other Fees. If all or any portion of the Services are not covered or paid by your insurance plan for any reason or you do not have health insurance, you understand that you will be ultimately responsible for all fees and costs arising out of your use of the Services and agree to pay the full amount of Other Fees associated with your User Account.
Questions about non-payment should be directed to your insurance plan. You agree to inform Receptive or your Provider immediately if you lose your health insurance and/or can no longer pay for treatment.
Changes to Subscription Fees, Other Fees, or Subscription Features.
All fees published on the Platform are set by Receptive in its sole discretion and we may change our fees from time to time. We may change the Service Fees or Other Fees at any time on a going forward basis in our discretion.
Third-Party Payment Processor.
All credit card, debit card and other monetary transactions on or through the Platform occur through an online payment processing application that is provided by a third-party payment processor(s). Receptive itself does not collect or store payment card information. If our third-party payment processor is unable to secure funds from your payment method for fees that are due for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided when submitting electronic payment, Receptive may undertake further collection action, including application of fees to the extent permitted by law, and reserves the right to suspend or terminate your User Account or Services.
Waiver of Claims and Unauthorized Payments.
You agree to waive all claims against Receptive and its third-party affiliates, including Receptive’s third-party payment processor(s), related to any unauthorized payments made on or through the use of your User Account outside of Receptive’s control, regardless of whether such payments are authorized or unauthorized. However, you may submit a claim of the unauthorized payment to Receptive so that Receptive can conduct a reasonable investigation as it sees fit under the circumstances. If appropriate, Receptive will assist in correcting the alleged unauthorized payment, provided that such claim is received by Receptive within thirty (30) days of the disputed charge or payment.
Except as otherwise stated herein or required by applicable law, no refunds will be provided. Once you cancel your account, you will continue to have access to certain information maintained within User Account, such as personal health information.
Please note that all Services, including the delivery of any medications prescribed through the Services and access to refills will end once cancellation takes effect. You should talk to your Provider before discontinuing your medication. Abruptly stopping certain medications can impact your health.
All purchases are final and once paid, and all fees are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.
Certain medications require a valid prescription by a Provider licensed to prescribe the specific medication. You will not be able to obtain a prescription medication unless you have completed a consultation with one of the licensed Providers through the Platform, the Provider has determined the prescription is appropriate for you, and the Provider has written a prescription.
Receptive does not endorse any specific medication, pharmacy, or pharmacologic product. There is no guarantee a prescription will be written by using the Services. If a Provider prescribes a medication, the Provider will limit supply based upon applicable regulations and will only prescribe a medication as determined in the Provider’s own discretion and professional judgment. Providers may also deny care for actual or suspected misuse of the Services for prescriptions.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. All prescription medications are provided subject to all warnings, limitations, and restrictions published or provided by the medication’s manufacturer.
You agree to read fully and carefully all provided product information and labels and to contact your Provider, or another physician or pharmacist, if you have any questions regarding the prescription. You acknowledge and understand that your use or misuse of prescription medications obtained through our Platform or Services may result in undesirable or unexpected consequences. Receptive does not accept any liability for the consequences arising from the application, use, or misuse of any prescription medications made available through the Platform or Services, including any injury or damage to any person or property as a matter of negligence, or otherwise, including your failure to comply with any warning labels attached to the prescription products.
With the exception of your User Materials (as defined below), Receptive and/or Receptive’s licensors, as applicable, retain all right, title, and interest in and to the Platform, the Services and any information, content, files, document, text, photographs, images, audio, videos, reviews, products, documentation, software, or other materials available on or through the Platform and Services, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing. For clarity, use, reproduction, copying, or redistribution of Receptive trademarks, service marks, and logos or those of Receptive’s third party licensors are strictly prohibited without the prior written permission of Receptive or the licensor, as applicable. The Platform may contain other proprietary notices and copyright information, the terms of which you agree to follow.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Receptive without express written consent of Receptive. You may not use any meta tags or any other “hidden text” utilizing Receptive’s name or trademarks without the express written consent of Receptive. The content of the Platform, including without limitation, the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Platform may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Receptive.
You represent and warrant that you have the legal right and authorization to provide all User Materials to Receptive, and if relevant, its related third parties, so Receptive or those entities can provide you with the Services.
Consent to Electronic Communications.
By opting in to use Receptive’s Platform and Services, you affirmatively consent to conduct business electronically with Receptive and you agree that (a) all agreements and consents can be signed electronically, and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
Consent to Receive Calls and Text Messages.
By providing your mobile number, sending Receptive an initial text, or otherwise opting-in to receive telephonic communications from Receptive, you are agreeing to be contacted by or on behalf of Receptive at the mobile number you have provided, including calls and text messages, regarding your User Account and use of the Platform and Services. These text messages or calls may be automated and may include information about your treatment plan, appointment reminders, order confirmations, shipping notifications, messages from your Provider, and other transactional messages. You may also sign up to receive promotional and marketing calls and text messages. You are not required to consent to promotional and marketing calls and text messages as a condition of purchase. You may update your notification preferences from Receptive at any time by going through your User Account. By consenting to receive Receptive text messages, you represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts.Receptive does not charge you for our text message program. But if you enroll in text messages from Receptive, you understand and agree that: (1) you will be responsible for any message and data rates that may apply for any messages sent to you from Receptive and to Receptive from you, (2) message frequency may vary, and (3) neither Receptive, nor your or Receptive’s mobile carriers, are liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. We may send you one or more welcome messages or administrative messages, such as (in some cases), a request to confirm your opt-in. After that, you will receive recurring text messages, and the specific amount may vary depending on how you use our Services (e.g. if you communicate with us through SMS, or if you send a HELP request).Our text messages are supported on all U.S. carriers. Please note, however, that the supporting mobile carriers may change without notice, and the particular text message program you join may be limited to specific carriers.You can opt out of marketing text messages from Receptive at any time by texting the word “STOP” to XXXXX. After you send the text message “STOP” to us, we will send you a text message to confirm that you have unsubscribed. After this, you will no longer receive text messages from Receptive unless and until you re-consent to receiving text messages again. You also understand and agree that we have provided you with reasonable methods of opting out, and that any other method of opting out, including, but not limited to, texting words other than “STOP” or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. Please be advised that if you opt out of marketing text messages, Receptive may still send you transactional text messages about your User Account or use of the Platform and Services.You can opt out of transactional text messages by updating your notification preferences in your User Account. We may send you a text message to confirm your opt out of transactional text messages. Please note that if you withdraw your consent to receive text messages, some Platform features and certain Services may no longer be available to you, and you may not receive important and helpful information and reminders about your Services. If you have revoked consent and want to re-enroll in receiving transactional text messages, you can re-enroll by updating your notification preferences in your User Account. If you are experiencing issues with Receptive’s text messaging program, you can text the word “HELP” to a text message from Receptive for more assistance, or you can get help directly at (760) 284-5368 or firstname.lastname@example.org.
You understand that while Receptive takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from Receptive outside of Receptive’s Platform (including off-Platform communications with Providers) are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email outside of Receptive’s Platform, you do so at your own risk. By opting into text messages, you consent to sending text messages to Receptive, and receiving text messages from or on behalf of Receptive, that are not encrypted. Likewise, by emailing Receptive or giving Receptive your email, you consent to receiving unencrypted emails messages from or on behalf of Receptive.
Receptive operates subject to state and federal regulations, and not all Services offered through the Platform may be available in your state. You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Platform or the Services is limited exclusively to users located in states within the United States where the Services are available as identified on the Platform. Accessing the Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.You further acknowledge that the Services and any related products, information, documentation, software, technology, technical data, and any derivatives thereof, that Receptive makes available (collectively “Excluded Data”) are subject to the export control and sanctions laws and regulations of the United States and other countries that may prohibit or restrict access by certain persons or from certain countries or territories currently including, but not limited to, Cuba, the Crimea region of the Ukraine, Sudan, Iran, North Korea and Syria (“Trade Restrictions”). You represent and warrant that you are not: (i) located in an embargoed country or territory, (ii) under the control of an entity organized in or a resident of an embargoed country or territory, (iii) listed on any U.S. government list of persons or entities with which U.S. persons are prohibited from transacting, including, but not limited to, OFAC’s List of Specially Designated Nationals and Other Blocked Persons, the U.S. State Department's Nonproliferation Sanctions lists, the U.S. Commerce Department’s Entity List or Denied Persons List located at https://www.trade.gov/consolidated-screening-list; or (iv) subject to end destination export control regulations, such as, but not limited to, the U.S. Export Administration Regulations and U.S. Government EU Dual-Use Regulation EC 428/2009. You are solely responsible for complying with Trade Restrictions for all Excluded Data and any of its content transmitted through the Services.
Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT ANY ACCESS AND USE OF THE PLATFORM AND SERVICES IS VOLUNTARY AND AT YOUR SOLE RISK. THE PLATFORM AND SERVICES ARE PRESENTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, RECEPTIVE AND EACH OF THE THIRD PARTIES OFFERING SERVICES VIA THE PLATFORM, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, THE PHARMACIES AND THE LABS, DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PLATFORM, THE SERVICES, AND ANY CONTENT, INFORMATION, PRODUCT, SERVICE OR OTHER MATERIALS PROVIDED ON OR THROUGH THE PLATFORM OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE QUALITY, ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. RECEPTIVE DOES NOT WARRANT THAT THE PLATFORM WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT, OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK-UP AND SECURITY.RECEPTIVE DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES, ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR PLATFORM OR SERVICES, INCLUDING MEDICATIONS, MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. TO THE FULLEST EXTENT OF APPLICABLE LAW, RECEPTIVE AND ANY OF ITS RESPECTIVE AFFILIATES DO NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS (INCLUDING MEDICATION) OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE PLATFORM, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO MEDICATION.YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH PROVIDERS, PHARMACIES, LABS, OR OTHER USERS OF THE PLATFORM. RECEPTIVE SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF PHARMACIES, LABS, OR THE PROVIDERS.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, RECEPTIVE AND ANY OF THE THIRD PARTIES OFFERING SERVICES VIA THE PLATFORM, INCLUDING THE PROVIDERS, PHARMACIES, LABS, AND ANY OF RECEPTIVE’S THIRD PARTIES’, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, SHAREHOLDERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, ASSIGNS, TRANSFEREES, CONTRACTORS, OR LICENSEES (COLLECTIVELY, THE “RELATED PARTIES”), ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, SUBSTITUTE SERVICES, OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH) CAUSED BY OR ARISING FROM OR IN CONNECTION IN ANY WAY TO THE PLATFORM, PRODUCTS, SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, INCLUDING ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THE THIRD PARTIES (AS DEFINED HEREIN), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR SERVICES IS TO STOP USING THE PLATFORM OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF RECEPTIVE, THE THIRD PARTIES OR RECEPTIVE’S AND THE THIRD PARTIES’ RELATED PARTIES TO YOU WITH RESPECT TO YOUR USE OR ACCESS OF (OR INABILITY TO USE OR ACCESS) THE PLATFORM OR SERVICES IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH LIMITATIONS OR RELEASES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM OR SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO WHEN SUCH ACTION OCCURRED. EXCEPT AS EXPLICITLY PROVIDED HEREIN, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM OR SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM OR SERVICES.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
Changes to the Platform and Services.
All information contained on the Platform, including descriptions, images, references, features, content, specifications, products, and prices of any products or Services offered by Receptive or its related third parties on or through the Platform, are subject to change at any time and without notice to you (but you are at all times entitled to your rights under Section 5 (Cancellations and Refunds) if you are unhappy with such changes).
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
13.1 Initial Dispute Resolution
Our customer support department is available through the web and our mobile apps to address any concerns you may have regarding the Service. Our customer support department can resolve most concerns quickly to our customers’ satisfaction. Failure to engage in this process could result in the award of fees against you in arbitration.The parties shall use their best efforts through this customer support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
This requires first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute to email@example.com. The written description of the dispute must be on an individual basis and provide, at minimum, the following information: your full name; your mailing address; the email address associated with your User Account; a description of the nature or basis of the claim or dispute; and the specific relief sought.
For any dispute that Receptive initiates, we will send our written description of the dispute to the email address associated with your User Account. If the dispute is not resolved within sixty (60) days after receipt of the written description of the dispute, you and Receptive agree to resolve any remaining dispute through the further dispute resolution provisions below.
The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any applicable statute of limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.
13.2 Binding Arbitration
Only after the parties have engaged in a good-faith effort to resolve the dispute in accordance with the Initial Dispute Resolution procedures set forth in Section 14.1, and only if those efforts fail, then either party may initiate binding arbitration, subject to the exceptions in Section 14.5 and the terms set forth below, as the sole means to resolve claims using the procedures set forth in Section 14.6 below.
If you are initiating arbitration, a copy of the demand must be emailed to firstname.lastname@example.org. If Receptive is initiating arbitration, it will serve a copy of the demand to the email address associated with your User Account.
These Arbitration Terms are governed by the Federal Arbitration Act (“FAA”) in all respects and evidences a transaction involving interstate commerce. You and Receptive expressly agree that the FAA shall exclusively govern the interpretation and enforcement of these Arbitration Terms. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.
You, Receptive, and the Arbitral Parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU, RECEPTIVE, AND THE ARBITRAL PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Except as set forth in Section 14.4 below, if any provision of these Arbitration Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.
If you are a resident of the United States, arbitration will take place in the County where you reside., arbitration shall be initiated in the County of New Castle, State of Delaware, United States of America, unless you, Receptive and the applicable Arbitral Parties otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue. For any arbitration conducted in Delaware, you, Receptive and the applicable Arbitral Parties agree to submit to the personal jurisdiction of any federal or state court in New Castle County, Delaware, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
13.4 Class Action Waiver
YOU, RECEPTIVE AND THE ARBITRAL PARTIES ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SECTION 14.4 AND SECTION 14.6 BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS RECEPTIVE AND ANY APPLICABLE ARBITRAL PARTIES PROVIDE THEIR CONSENT TO CONSOLIDATE IN WRITING.
If there is a final judicial determination that applicable law precludes enforcement of this Paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
If there is a final judicial determination that either the Class Arbitration Action and Collective Relief Waiver or the provisions in Section 14.6 are not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you, Receptive or any Arbitral Party from participating in a class-wide settlement of claims.
13.5 Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, any party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).Any party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction regardless of what forum the filing party initially chose. Any party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under these Arbitration Terms, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed (and any applicable statute of limitations tolled) pending the outcome of such action.
13.6 Arbitration Rules
a. The arbitration will be administered by National Arbitration and Mediation (“NAM”) and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider.Except as modified by these Arbitration Terms, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at email@example.com.
b. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Section 14.6(D), provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by a party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 14 while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
d. The parties agree that NAM has discretion to modify the amount or timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 14 while such challenge remains pending before NAM the arbitrator, and/or a court of competent jurisdiction.
e. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you, Receptive and any applicable Arbitral Parties submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, any party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.
f. Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.
g. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with Section 14.6(A) if NAM is unavailable) against Receptive and any Arbitral Party within reasonably close temporal proximity (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM (or another arbitration provider selected in accordance with 14.6(A) if NAM is unavailable) in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Receptive and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with Receptive, applicable Arbitral Parties and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This "Batch Arbitration" provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless Receptive and any applicable Arbitral Party otherwise consent in writing, Receptive and any applicable Arbitral Party do not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in Section 14.4 and this section 14.6(G). If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.
13.7 30-Day Right to Opt Out
13.8 Changes to this Section
Receptive will provide 30 days’ notice of the date of any material changes to the Arbitration Terms under this Section 14. Changes will become effective on the 30th day and apply to all claims not yet filed. If you continue to use the Platform or Services after the 30th day, you agree that any unfiled claims of which Receptive does not have actual notice are subject to the revised Arbitration Terms. If you do not agree to such changes, you may opt out by providing notice as described in Section 14.7.If you reject any such changes by opting out of the Arbitration Terms pursuant to Section 14.7, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Terms will not apply to claims not yet filed. If Receptive changes these Arbitration Terms after the date you first accepted these Arbitration Terms (or accepted any subsequent changes to these Arbitration Terms), you agree that your continued use of the Platform or Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out by providing notice as described in Section 14.7.
Any dispute not subject to arbitration shall be subject to the Governing Law and Venue provisions in Section 16.
You agree that Receptive shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of any Third-Party Goods and Services or your interactions with any Third Parties. In the event of any dispute between you and any Third Party, any other user or any other entity or individual, you understand and agree that Receptive is under no obligation to become involved in such dispute, and you hereby release and indemnify Receptive and its Related Parties (as defined below), from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein.
Governing Law and Venue.
Severability and Entire Agreement.
No Third-Party Rights.
Apple iOS App
If the Services that you use include a mobile application that you download, access and/or use and that runs on Apple’s iOS operating system (an “iOS App”), you acknowledge and agree that: We
In addition, you represent and warrant that:
If you’re having a mental health emergency
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