Term and Conditions

Crown Health

Terms and Conditions

Last Updated: February 1, 2022

1.1              Crown Health and Our Services.  Welcome to Crown     Health.  Crown Health, LLC (the “Company”, “Crown Health”, “we”, “us”, or “our”) provides a website, https://thecrownhealth.com(the “Website” or “Site”), a mobile application (the “App”), and various medical and health related services (together with the Website and the App, the “Services”), whereby, among other services, a user (a “User”) may engage in a video consultation session (a “Consult” as a noun, and to “ Consult” as a verb) with a licensed physician (a “Doctor”).

2.1              Generally.  The following terms and conditions,  together with any documents expressly incorporated herein by reference (collectively, these “Terms and Conditions” or “Terms”), govern your relationship with us, all your interactions with and uses of the Services the Services, your establishment and maintenance of an account with us (a “User Account”), and any communications, interactions, transmissions, transactions, or exchanges between you and us.  These Terms and Conditions can be found at https://thecrownhealth.com/terms and in the Terms page of the App (the “Terms Page”).

2.2              Accepting These Terms and Conditions.  Please read these Terms and Conditions carefully.  By clicking the “accept” button, checking the appropriate box to accept these terms and conditions, or by accessing or using the Services you thereby accept these terms and conditions and agree that you are legally bound to the terms hereof.  Without limiting the foregoing, you acknowledge that your use of the Services constitutes an acceptance of these Terms and Conditions.  If you are unwilling to agree to these Terms and Conditions, do not click the “accept” button and do not access or otherwise use the Services.

2.3              Privacy Policy.  The Crown Health Privacy Policy (the “Privacy Policy”, and together with these Terms and Conditions, this “Agreement”) is expressly incorporated herein by reference and is an integral part hereof.  The Privacy Policy can be found at https://thecrownhealth.com/privacy and in the Privacy page of the App (the “Privacy Page”).

2.4              Contacting Us.  If you have any feedback, comments, questions, requests for technical support, or requests for information regarding these Terms, please direct them to the appropriate “Correspondence Address” below:

If by Mail:

Crown Medical, LLC

[[5071 Austell Powder Springs Road #443

Clarkdale, GA 30111]]

If by E-Mail:

Billing related questions: [email protected]

Legal and Terms related questions: [email protected]

Copyright related questions: [email protected]

Support related questions: [email protected]

Privacy related questions: [email protected]

Security related questions: [email protected]

3.1              Changes.  We aim to continually improve the Services, and may need to change these Terms from time to time.  We reserve the exclusive right to make changes to these Terms and Conditions at any time, in our sole discretion.  Changes to these Terms will be posted to the Terms Page.

3.2              Automatic Acceptance.  Your access to and use of the Services, at any time, constitutes your agreement to be bound by the terms of these Terms and Conditions then in effect.  You acknowledge and agree that you accept these Terms and Conditions (as may be amended, updated, or modified from time to time) each time you use the Services in any manner.  Therefore, we encourage you to review these Terms regularly as you shall be bound by them.

3.3              Withdrawal of Acceptance.  If at any point you decide to withdraw your acceptance to these Terms (as may be amended, updated, or modified from time to time), you may do so by providing us with written notice of your withdrawal to the Correspondence Address for Legal and Terms related questions.  Upon providing us with such written notice, you shall no longer be authorized to access or use the Services, and you must immediately cease in doing so.  Withdrawal of your acceptance in no way modifies your acceptance (whether affirmative or automatic under Section 3.2 hereof) of, or your obligations under, the Terms then in force at the time of your withdrawal, nor shall it be effective if and to the extent you continue to use the Services in any way, including scheduling or participating in any Consults.

4.1              Age.  By accessing our using the Services, you represent and warrant that you are at least eighteen (18) years of age (the “Minimum Age”).  If you are under the Minimum Age, please do not attempt to create a User Account or send any information about yourself to us—you may not, under any circumstances or for any reason, use the Services.

4.2              Legality.  You are solely responsible for ensuring that this Agreement, and your use of the Services as governed hereby, is in compliance with all applicable laws, rules, and regulations.  If your use of the Services, or any functionality provided or activity enabled thereby, is prohibited or conflicts with any applicable law, rule, or regulation, you may not, under any circumstances or for any reason, use the Services.

4.3              Criteria.  We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria for use thereof at any time.

5.1              Generally.  In order to use the Services, you must establish and maintain an account with us (a “User Account” or “Account”).  In the course of establishing and maintaining your Account, and in the course of using the Services, you may submit information to us, and we may gather information from you or your device.  Our Privacy Policy (available at the Privacy Page) governs how we collect and handle that information.  Please keep your the information in your Account current and correct at all times.

5.2              Logging In.  Various aspects of the Services, such as requesting consultations and managing your User Account information, can be engaged with and managed by logging in to your Account at https://thecrownhealth.com/login or the Login page of the App (the “Login Page”).

5.3              Applicability of This Agreement.  This Agreement is applicable to any natural persons, entities, or processes (including, without limitation, officers, directors, employees, agents, contractors, proxies, representatives, and authorized users) validly logged into your User Account or otherwise using your credentials to interact with the Services (collectively, your “Valid Users”).

6.1              Consultation.

(a)               In General.  Our Services include facilitating, via the App, video Consults between Users and Doctors, wherein Users may seek diagnosis of, and treatment for, non-life threatening conditions.  Based upon the symptoms and other information presented in the course of a Consults, a Doctor, in the Doctor’s sole medical judgment and discretion, may variously provide a medical diagnosis, a course of care, treatment, or medication regime (“Course of Action”), one or more prescriptions, and recommendations and other information (collectively, “Advice”).

(b)              Conditions Treated.  Our Doctors will treat many conditions, such as:

(i)                 Acne;

(ii)              Allergies;

(iii)            Bronchitis;

(iv)             Influenza;

(v)               Insect Bites;

(vi)             Sinus infections;

(vii)          Strep throat;

(viii)        Urinary tract infections;

(ix)             Yeast infections; and

(x)               Vaginal infections.

(c)               Conditions Not Treated.  Our Doctors will not and cannot treat, via the App or otherwise via the Services, any of the following conditions:

(i)                 Chest pain;

(ii)              Stroke symptoms;

(iii)            Vomiting;

(iv)             Coughing up blood;

(v)               Loss of consciousness;

(vi)             Erectile dysfunction;

(vii)          Acute opioid withdrawal;

(viii)        Alcohol poisoning;

(ix)             Drug overdose;

(x)               Conditions that require an ambulance, emergency care, or hospitalization; or

(xi)             Conditions that are primarily treatable with an Impermissible Prescription as set forth in Section 6.1(d).

(d)              Impermissible Prescriptions.  Doctors cannot, via the App or otherwise via the Services, prescribe to any User any of the following “Impermissible Prescriptions”:

(i)                 Any drug that is scheduled under the Controlled Substances Act, including, for example:

(A)             Opioid-containing medications (e.g. analgesics, cough suppressants);

(B)              Amphetamines or other prescription stimulants;

(C)             Anti-anxiety medications;

(D)             Sleep medications; or

(E)              Anabolic steroids; or

(ii)              Any of the following medications or types of medication:

(A)             Erectile dysfunction medication.

(e)               Availability of Services.  Currently, our Services are available only within—to residents of and visitors to—the following U.S. States (our “Area of Availability”):

(A)             Georgia.

6.2              Costs.

(a)               In General.  Our Website is free to browse, our App is free to download, and your User Account is free to set up.  However, there are costs associated with each Consult you engage in.

(b)              Consult Fee.  There is a non-refundable fee (a “Consult Fee”) of fifty five dollars ($100.00) required prior to each Engaged Consult.  While we strive to ensure our Users are totally satisfied with each Consult experience, in order to maintain our standards of excellence—the best physicians providing you the best care with the best availability—we are unable to process any refunds unless our system shows that you were not connected with a Doctor and no Consult ever occurred.[MOU1] 

(c)               Insurance.  We do not take any form of medical insurance or plan at this time.

(d)              Prescriptions and Other Costs.  You are wholly responsible for the cost of any prescription medications prescribed to you.

(e)               Payment Processing.  We do not collect billing information; rather, we bill you through third party billing who charges the credit or debit card you keep on file with them for the Services we provide you through the App.  Please reference the third party billing terms of use and privacy policy for details as to how they handle your billing data.

7.1              Disclaimers.  You understand and expressly agree that:

(a)               The Company is a service provider, not a physician, and does not provide any Advice or otherwise treat or diagnose any condition or illness—rather the sole source of any Advice provided to you in the course of or in relation to any Consult is the Doctor with whom you Consult;

(b)              You undertake any Consult and any Course of Action related thereto or arising therefrom solely at your own risk and assume full responsibility for all risk associated therewith;

(c)               Doctors are not employees or agents of the Company, are not under our supervision, direction, or control, and are solely responsible for, and have wholly independent judgment in, their conduct in practicing medicine and any attendant responsibilities, judgments, procedures, or practices related thereto;

(d)              The Company does not guarantee, and makes no representations regarding, the efficacy, appropriateness, completeness, safety, quality, desirability, results, consequences, side effects, or complications of any Advice, Consult, or Course of Action, nor your satisfaction therewith;

(e)               You agree that you will consult with, and heed the advice of, your current licensed health care provider at all times, and before you alter, suspend or initiate any change in your current Course of Action or your healthcare-related plans, procedures, or activities;

(f)                The Company is not liable for the conduct, acts, or omissions of any Doctor, including, but not limited to, any Advice or Course of Action provided to you in the course of or in relation to any Consult, and any failure to inform you of risks or dangers;

(g)               The Company is not liable for the candor or completeness with which any Doctor has provided information in the process of registering with us to become a Doctor or with any applicable authority to become a licensed, practicing physician;

(h)              If you have any medical questions or concerns you will direct them to your Doctor, or, at your sole discretion, to another physician under whose care you may be, or to another qualified healthcare professional;

(i)                 We may discontinue or alter all or a portion of the Services, may block your access thereto, or may terminate your Account, without notice and without any recourse to you; and

(j)                The disclaimers and limitations of liability contained in this Agreement extend to the maximum extent permitted by applicable law.

7.2              Content.  For purposes of these Terms and Conditions, the term “Content” includes, without limitation, information, Advice, data, text, images, video, written posts and comments, software, scripts, maps, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.  You acknowledge that all content accessed by you on or via the website or in connection with your use of the services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.  We do not guarantee that any content you access on or through the services is or will continue to be accurate.

7.3              Use License.  Subject to these Terms and Conditions, we grant to you a limited, revocable, personal, non-exclusive, non-sublicensable and non-transferable license to use the Website and our Content solely for purposes of using the Services (and only while you are actively using the Services).  Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates the rights of any third party or these Terms and Conditions.

7.4              Availability.  We do not guarantee that any Content will be made available on the Website or through the Services.  We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all, and (ii) to remove or block any Content from the Services.

7.5              Website Changes.  We reserve the right to withdraw or amend this Website and the Services, and any material we provide in connection therewith, in our sole discretion without notice.  We will not be liable to you or to any third party if, for any reason, all or any part of the services is unavailable, inaccessible, or unusable at any time or for any period. From time to time, we may restrict access to, or use of, some parts of the services.

7.6              Account and Access Rights.  We have the right, in our sole discretion, at any time, for any reason, including without limitation if, in our opinion, you have violated any provision of this Agreement, to:

(a)               Inspect, Terminate, disable, delete, modify, downgrade, lock, freeze, or deny access to your User Account; and

(b)              Disable, deny, modify, or downgrade your access to the Services.

8.1              You understand, acknowledge, and agree that you are solely and exclusively responsible for:

(a)               Providing your own access to the Website and the Services;

(b)              Maintaining accurate User Account information, including financial and transaction-related information with the third party billing and for any consequence or eventuality arising from or related to any failure by you to do so;

(c)               All actions that you and your Valid Users undertake (including failure to take action) in connection with the Services, including without limitation, the legality, reliability, accuracy, safety, and appropriateness thereof;

(d)              All the information you and your Valid Users submit to us and that we collect from you, including without limitation the legality, reliability, accuracy, safety, and appropriateness of such submission or transmission; and

(e)               Your compliance and the compliance of your Valid Users with this Agreement and all applicable laws, rules, and regulations.

9.1              The Website and App, and their Contents, features, and functionality (including but not limited to all information, software, scripts, algorithms, text, displays, images, video and audio, and the design, selection and arrangement thereof) that are created by us, are owned by us, our licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

9.2              Crown Health and associated names, logos and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors (as applicable).  You must not use such marks without our prior written permission.  All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

9.3              You Shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

(a)               Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

(b)              You may store files that are automatically cached by your Internet browser for display enhancement purposes.

(c)               You may print or download one copy of a reasonable number of pages of the Website and its Content for your own personal, non-commercial use and not for further reproduction, publication or distribution.

(d)              You may print, download, reproduce and use any outputs and related information or data generated by or through your use of the Services, provided however, that you a) have a lawful right to such use and reproduction; and b) are not infringing on any rights of any third party.

9.4              You must not:

(a)               Access or use the Services beyond the scope of the rights granted to you in these Terms and Conditions;

(b)              Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Services or any part thereof, except as authorized by us in writing;

(c)               Utilize the Website, Services or any portion thereof to design, build (or guide, instructor train any third party or algorithm to design or build) any product or service with functionality that is substantially similar to the Services or that competes with us;

(d)              Delete or alter any copyright, trademark or other proprietary rights notices from copies of any Content from this site.

9.5              If you wish to make any use of material provided via the Services other than that as set forth in this section, please address your request to the Correspondence Address for Legal and Terms related questions.

9.6              If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title or interest in or to the Website, any Content appearing on the Website, or the Services is transferred to you, and all rights not expressly granted are reserved by us.  Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may further violate copyright, trademark, patent, and other laws.

9.7              You (or your licensors, if and as applicable) shall retain all right, title, and interest to Your Data, and we do not reserve any ownership rights or licenses thereto (except as needed for the sole purpose of making the Services functional and usable for you).

9.8              Except as expressly set forth herein, we expressly reserve all rights not granted to you by this Agreement.

10.1          You may use the Website and the Services only for lawful purposes and in accordance with these Terms and Conditions.  You agree not to use the Website or the Services:

(a)               In any way that violates any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, jurisprudence, judgment, decree, other requirement, or rule of law (collectively, a “Law”) of any nation or government, any state province or other political subdivision thereof, or any entity exercising executive, legislative, judicial, regulatory, or administrative function of or pertaining to government (a “Governmental Authority”) that is applicable to you or any jurisdiction in which you use or interact with the Website, the App, or generally the Services.

(b)              To send, knowingly upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms and Conditions.

(c)               To stalk, harass, threaten, or harm another;

(d)              To impersonate, pretend to be, or misrepresent yourself as, anyone, or any entity, you are not (including a physician or other healthcare professional);

(e)               To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Services, or which, as determined by us, may harm the Company or other users of the Services or otherwise expose them to liability.

10.2          Additionally, you agree not to:

(a)               Use the Website or Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or Services, including their ability to engage in real time activities through the Website or Services.

(b)              Use any robot, crawler or other automatic device, process, or means to access the Website or Services for any purpose, including monitoring or copying any Content, or material on or in connection with the Website or Services.

(c)               Use any manual process to monitor or copy any of Content on the Website or for any other unauthorized purpose without our prior written consent.

(d)              Use any device, software or routine that interferes with the proper working of the Website or Services.

(e)               Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

(f)                Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or Services, the server on which the Website and Services are stored or hosted, or any server, computer or database connected to the Website.

(g)               Attack the Website or Services via a denial-of-service attack or a distributed denial-of-service attack.

(h)              Otherwise attempt to interfere with the proper working of the Website or Services.

11.1          Links to the Website.  You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission or disable any links at any time without notice, in our sole discretion.

11.2          Links from the Website.  The Services may contain links to sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any such links or content, you do so entirely at your own risk and subject to the terms and conditions set forth by the applicable third party.

12.1          You represent, warrant, and covenant that you are, and shall at all times be, in full compliance with these Terms and all applicable laws and regulations in your access and use of the Website and Services.

13.1          You expressly understand, acknowledge, and agree that your use of the website, content, and services shall be solely and exclusively at your own risk.  The website, all content, all services (including without limitation any Consults in which you may engage) are provided to you on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.  Neither WE, nor any of our Doctors, nor any other person associated with Us makes any warranty or representation with respect to the speed, accuracy, timeliness, security, reliability, effectiveness, availability, value, efficacy, appropriateness, completeness, safety, quality, desirability, results, consequences, side effects, or complications of any Advice, Consult, Course of Action, or other aspect or quality of the website, any content, or the services.

13.2          We hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement of intellectual property rights, and fitness for particular purpose.

14.1          We will not be liable for any loss or damage caused by a distributed denial-of-service attack, intrusion, breach, virus, malware, spyware, trojan, rootkit, or other technologically harmful material or act that impacts or interacts in any way with your computer equipment, operating system, programs, applications, databases, or data in connection with or as a result of your use of or interaction with the services or any material posted thereto or linked therefrom, any other website, channel, platform, or social media account operated by the Company, or any communication from us.

14.2          your use of the website and services is strictly at your own risk, and we expressly disclaim any and all liability and responsibility arising from your use thereof (including inability to use), or reliance placed by you thereon.

14.3          in no event will the Company, its employees, agents, officers, directors, or affiliates be liable for damages of any kind, under any legal theory, arising out of or in connection with your use of (or inability to use) the Services, your interactions with any of our Doctors, your pursuit of or adherence to (or failure to pursue or non-adherence to) any healthcare related advice from any other physician or healthcare professional under whose care you may be, your use (or nonuse) of any medication prescribed by our Doctors or any other physician, any effects of or interactions between medications you take or fail to take, or your undertaking of (or failure to undertake) any Course of Action recommended by one of our Doctors or any other physician, including without limitation, any direct, indirect, special, incidental, consequential or punitive damages, and including but not limited to, personal injury, pain and suffering, wrongful death, emotional distress, loss of consortium, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, breach of privacy, unauthorized access of your data or information by third parties, loss of assets, loss of your data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

14.4          in connection with any claim for damages in connection with any Advice, Consult, or Course of Action, the website, content, or services, or otherwise arising out of or in connection with this Agreement, in no event shall our liability to you or to any third party exceed the amount that you paid to us during the six (6) month period immediately preceding the event giving rise to the claim.

15.1          You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions, your use of the Services, and your interactions with other Users.

15.2          Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities, court order, or governmental, administrative, or licensing body requesting or directing us to disclose the identity or other information of anyone uploading, transmitting, or downloading any materials on or through the Services.  You agree to hold harmless the Company and its affiliates, licensees and service providers from any claims resulting from any action taken by any such authorities during or as a result of their investigations and from any actions taken as a consequence of investigations by either the Company or such authorities.

16.1          All matters relating to the Website, Services, and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Georgia and the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia and the State of Tennessee or any other jurisdiction).

17.1          Any cause of action or claim you may have arising out of or relating to this Agreement or your use of the services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

18.1          Except in cases where the Company believes you have engaged in fraud, other illegal behavior, or any other form of willful and serious misconduct, you agree that any and all disputes or claims that have arisen or may arise between you and the Company arising out of or in connection with this or previous versions of this Agreement, including any disputes regarding the existence, validity or termination thereof, or your use of or access to Services, shall be resolved exclusively through final and binding arbitration, rather than in court.  The Federal Arbitration Act governs the interpretation and enforcement of the agreement to arbitrate set forth herein.

18.2          You and the Company agree that each party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.  Unless both you and the Company agree otherwise, the Arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding.  Also, the Arbitrator may award relief (of any kind, whether monetary, injunctive, declaratory, or otherwise) only in favor of the individual party seeking relief, subject to the limitations set forth herein, and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).  Any relief awarded cannot affect other Users.

Any such arbitration shall be arranged by the American Arbitration Association (“AAA”).  The arbitration panel (the “Arbitrator”) shall consist of one (1) arbitrator.  In the event that the Parties cannot reach agreement on the Arbitrator for any reason, the Parties shall request that AAA appoint the Arbitrator according to its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this agreement to arbitrate.  The arbitration shall take place in Fulton County, Georgia unless both you and the Company agree otherwise in writing at the outset of the arbitration.  The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising out of or in connection with this Agreement and every part thereof, including the Terms, the Privacy Policy, and the agreement to arbitrate set forth herein, and including the interpretation, applicability, enforceability, scope, existence, validity, formation, or termination of this Agreement, and any claim that any part of this Agreement or the agreement to arbitrate contained herein is void or voidable.

18.3          If the value of the relief sought is ten thousand dollars ($10,000.00) or less, either you or the Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and the Company, subject to the Arbitrator’s discretion to require an in-person hearing (as warranted by the circumstances).  Attendance at an in-person hearing may be made by telephone by you and/or the Company, unless the Arbitrator requires otherwise.  The Arbitrator shall decide the substance of all claims in accordance herewith, including recognized principles of equity, and will honor all claims of privilege recognized by law.  The Arbitrator shall not be bound by prior rulings in in any other dispute between the Company and another User or disputant, and shall be bound by rulings in prior disputes involving the Company and the same User or disputant to the extent required by applicable law.  The Arbitrator’s award shall be final and binding, and judgment on the award rendered by the Arbitrator may be entered in any court having jurisdiction thereof.  Payment of all filing, administration, and arbitrator fees will be governed by AAA rules, unless otherwise stated in this agreement to arbitrate.

19.1          Waiver.  No waiver of by us of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

19.2          Survival.  Any provisions of this Agreement that by their nature should survive the expiration or termination of this Agreement shall so survive.

19.3          Severability.  If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

19.4          Entire Agreement.  This Agreement constitutes the sole and entire agreement between you and the Company with respect to the Services, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

19.5          Headings.  The section and paragraph headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

19.6          No Agency.  No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, your use of the Services, or your interaction with us, and neither party has any authority of any kind to bind the other in any respect.

19.7          No Third-Party Beneficiaries.  Nothing in this Agreement shall benefit or create any right or cause of action in or on behalf of any person or entity other than you and the Company.

19.8          Assignment.  You may not assign, delegate, or transfer, including by operation of law, this Agreement or any of your obligations hereunder.

19.9          Force Majeure.  With the exception of your obligation to make payments to us, neither you nor the Company will be considered to be in breach or default of this Agreement as a result of its delay or failure to perform obligations hereunder where such delay or failure arises out of causes beyond the reasonable control of the party whose performance has been affected.

 [MOU1]Is this approximately the refund policy?