Thank you for your interest in Oshi Health. Welcome!
Oshi Health is a technology company that offers a platform for you to receive personalized, supportive care for digestive conditions.
The doctors and nurse practitioners you interact with through Oshi Health will be able to address most of your digestive health needs, but the Oshi Health platform cannot be used for medical emergencies. If you have a medical emergency, call “911” immediately.
Oshi Health respects your right to privacy. You can read more about our privacy practices here.
We may contact you with important information by email, push notification, SMS, or phone, including that lab results are ready, progress tracking, and that you have messages in your inbox. While you can opt out of these in your account settings, you may not receive certain helpful information and reminders about your progress and treatment.
Finally, be aware that Oshi Health is not insurance, and Oshi Health and the Medical Group are not insurers. Your subscription fee covers only the remote healthcare conversations you have with the Medical Group’s Providers via the Oshi Health app, and does not cover the cost of any diagnostic test or prescription ordered, or any specialty care referred, by the Medical Group.
We look forward to seeing you in Oshi Health!
The Site is not intended for use in the event of an emergency or other urgent situations. If you believe you may have a medical emergency, call 911 immediately.
1. Healthcare Services
Oshi Health offers an online communication platform for independent Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers.
Oshi Health does not provide medical advice or care. Oshi Health contracts with Integrated GI Health Partners, PLLC, an independent, physician-owned medical group with a network of Providers who provide clinical telehealth services, and its related practices (collectively, the “Medical Group”). The Providers are independent of Oshi Health and merely use the Site as a way to communicate with you. The Providers, and not Oshi Health , are responsible for the quality and appropriateness of the care they render to you. Any information or advice received from a Provider comes from them alone. Neither Oshi Health nor any third party who promotes the Site or Service or provides you with a link to the Service, shall be liable for any professional advice you obtained from a Provider via the Site, nor for any information obtained on the Site. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all associated risks.
The content of the Site and 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 Oshi Health. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. While Oshi Health facilitates your selection of, and communications with, Providers, Oshi Health does not provide medical services, and the doctor-patient relationship is between you and your Medical Group Provider. The services and information provided by Oshi Health, are intended to be for general information purposes only.
2. Risks of Telehealth Services
By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
By accepting these Terms, you provide informed consent to participate in a telemedicine visit. Please see a copy of our Informed Consent for a description of the risks and benefits of telemedicine. The Informed Consent is hereby incorporated into these Terms by reference and constitutes a part of these Terms.
3. Not an Insurance Product
Neither Oshi Health nor the Medical Group are insurers. The Services are not insurance products, and the amounts you pay to Oshi Health or the Medical Group are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
4. Availability of Services
Oshi Health and the Medical Group operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/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 Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States.
Certain features of the Site may be subject to additional terms and conditions (“Additional Terms”). We may present Additional Terms to you when you activate or use a feature to which Additional Terms apply (either in the form of disclaimers or notices, or a separate document), and your use of any feature constitutes your acceptance of these Additional Terms before using such feature. Unless otherwise stated in the Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree with the Additional Terms, you will not have access to the feature to which they relate.
5. Privacy Practices
6. User Accounts; Security and Restrictions
You agree to fully, accurately, and truthfully create your Oshi Health Account (“Account”), including but not limited to your legal name, mailing address, phone number, email address, and password.
Your Account and password are personal to you, and you are responsible for maintaining the confidentiality of your Account password, and for all activities that occur under your Account. You may not transfer or share your Account password, and agree to prohibit anyone else from using your Oshi Health Account. Oshi Health reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account, including the right to revoke your access to the Site with or without cause. Under no circumstances shall Oshi Health be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site or your release of your Account or Account password to a third party.
7. Eligibility to Use the Site
The Site and Services are only for users older than the age of 13. We do not knowingly collect information of individuals under the age of 13. If you are under the age of 13, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 13, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 13, please contact us at email@example.com.
Specifically, to be eligible to use the Site, you must meet the following criteria and, by agreeing to these Terms, represent and warrant that you: (a) are at least 13 years of age or older; (b) are a legal resident of the United States and located in a State where the Services are available; (c) have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site; (d) will only maintain one Account at any given time; and (e) have full power and legal authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party, and will comply with these Terms at all times.
8. Access Rights and Restrictions
Subject to these Terms and the payment of all applicable fees, Oshi Health grants you a limited, revocable, non-transferable, non-exclusive license to use Site and Services solely for your personal and non-commercial use. All rights not expressly granted to you in these Terms are reserved and retained by Oshi Health or its licensors, suppliers, publishers, rights holders, or other content providers.
You agree not to (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) impersonate or misrepresent your identity or falsely state or misrepresent your current location, medical history, information about your medical condition, or your affiliation with a person or entity; (iii) promote, encourage, or engage in defamatory, abusive, libelous, obscene, threatening, or otherwise objectionable behavior; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (iv) use robots or scripts with the Site; (v) distribute viruses or other harmful computer code through the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) harvest or collect PHI about any other individual who uses the Site or the Services; (ix) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties; or (x) otherwise use the Services or Site in any manner that exceeds the scope of use granted above.
Oshi Health reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. Violations of system or network security may result in civil or criminal liability. Oshi Health will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
9. Feedback; Testimonials
If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you. Any such feedback will be our property that we can use, including for commercial purposes, at our discretion without having to credit you. Oshi Health will never publish your name or other identifying information in connection with any testimonial unless you have given us your prior approval. Oshi Health may republish any publicly available review, comment, or testimonial about Oshi Health or the Site on its websites or in other media.
10. Consent to Receive Electronic Communications
By creating an Account, you consent to receive electronic communications from Oshi Health (e.g., via email, push notifications on your tablet or mobile device, by posting notices to the Site). These communications may include notices about your Account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We also may send you informational communications via push notifications, including, but not limited to, notifications about care plans, progress tracking, prescription fulfillment, appointment reminders, and the like. You may disable these notifications directly through your tablet or mobile device settings. Please note that if you choose to stop receiving these push notifications from us you may not receive important and helpful information and reminders about your progress and treatment. We also may send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving promotional emails at any time by following the unsubscribe instructions provided in the email.
By providing your phone number to us through the Site, you consent to be contacted by or on behalf of Oshi Health and the Medical Group at the number you have provided, including calls and/or text messages regarding the Services. Message and data rates may apply. You can opt-out of any further text messages by replying “STOP” or by emailing us at support@Oshihealth.com.
ATTENTION: Email and text messages are not secure methods of communication and we cannot ensure the security or confidentiality of messages sent by email and/or text message. Information, including personal health information, transmitted by email or text message is not encrypted and could be read by a third party. If you would prefer not to exchange personal health information via email or text message, please notify us at firstname.lastname@example.org.
11. Terms of Sale – These Terms of Sale govern any purchases and other transactions made on the Site. If your employer or insurance company invited you to register for an account, then these Terms of Sale in Section 11 may not apply to you, unless you make additional purchases on the Site.
All sales are final. You are responsible for all purchases that you make on the Site. Oshi Health may accept insurance for certain Services or other purchases that you make on the Site; however, Oshi Health reserves the right to decline to accept insurance in its sole and absolute discretion. Oshi Health need only look to you for payment for Services and other purchases that you make on the Site, even if you have health insurance.
11.1. Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (each, a “Transaction”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Transaction may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Transaction. If you want to change or update your payment method information, you can do so at any time by logging into your account.
You acknowledge that the amount billed may vary due to promotional offers, preferences you select, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
11.2. Continuous Subscription; Cancellation Policy
When you register for a subscription (“Subscription”), you expressly acknowledge and agree that (a) Oshi Health (or our third-party payment processor) is authorized to charge you on an annual or monthly basis, as applicable, for your Subscription (in addition to any applicable taxes and other charges) for as long as your Subscription continues, and (b) your Subscription is continuous until you cancel it or we suspend or stop providing access to the Site in accordance with these terms. You may cancel your Subscription at any time by going to your Account settings section in the Oshi Health app.
11.3. Free or Discounted Trials
From time to time, to the extent legally permitted, we may offer free or discounted trials of certain Subscriptions for specified periods of time without payment. If we offer you a free or discounted trial, the specific terms of your trial will be provided in the marketing materials describing the particular trial or at registration. Free and discounted trials are limited to one (1) per person.
Once your free or discounted trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes and other charges) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of your free or discounted trial. Instructions for canceling your Subscription are described above. Please note that you may not receive a notice from us that your free or discounted trial has ended or that the paid portion of your Subscription has begun. We reserve the right to modify or terminate free and discounted trials at any time, without notice and in our sole discretion.
11.4. Pricing and Availability
All prices on our Site are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice, including without limitation, as based on geographic or other criteria as we may establish from time to time. We will not, however, be able to notify you of changes in any applicable taxes.
All of our services are subject to availability, and we reserve the right to impose quantity limits on any Transaction, to reject all or part of a Transaction, and to discontinue offering certain services without prior notice. If you purchased an annual Subscription, you agree that, within the 365-day period beginning on the date of you purchase your Subscription and each renewal year thereafter, you are limited to thirty-six (36) clinical visits during such 365-day period as part of your Subscription. If you purchased a monthly Subscription, you agree that, within each calendar month beginning on the date of you purchase your Subscription and each renewal month thereafter, you are limited to six (6) clinical visits during such monthly period as part of your Subscription. Unused clinical visits do not rollover to subsequent renewal periods.
11.6. Customer Service
If you have any questions or concerns relating to your order, please contact us at email@example.com.
12. Intellectual Property
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are the property of Oshi Health, the Medical Group, or its licensors or suppliers, as applicable, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, create derivative works of, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Oshi Health trademarks, service marks, and logos are strictly prohibited without the prior written permission of Oshi Health.
We respect copyright law and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using the Services that are reported to us, provided they meet the criteria below.
If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Services by providing us the following information:
• the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a comprehensive list of the copyrighted works that you claim have been infringed;
• the material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on the Services where such material may be found;
• your mailing address, telephone number, and, if available, email address;
• a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
• a statement that the information in this Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and
• your full legal name and your electronic or physical signature.
You may deliver this notice, with all items completed, to us:
228 Park Ave S
New York, NY 10003
Upon receipt of the Notice as described below, Oshi Health will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
13. Links to Other Sites
Oshi Health makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Oshi Health site, please understand that it is independent from Oshi Health, and that Oshi Health has no control over the content on that website. In addition, a link to a non-Oshi Health website does not mean that Oshi Health endorses or accepts any responsibility for the content, or the use, of the linked site. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites.
14. Disclaimer of Warranties
OSHI HEALTH DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. OSHI HEALTH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. OSHI HEALTH DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY OSHI HEALTH ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY OSHI HEALTH OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. OSHI HEALTH DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. MEDICAL GROUP PROVIDERS DO NOT PRESCRIBE DEA CONTROLLED SUBSTANCES, SUCH AS THOSE CONTAINING OPIOIDS OR AMPHETAMINES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. OSHI HEALTH DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICE, 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 PRODUCTS.
15. Limitation of Liability Regarding Use of Site
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
OSHI HEALTH SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE MEDICAL GROUP OR THE PROVIDERS. OSHI HEALTH AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, 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 SITE, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF OSHI HEALTH TO YOU WITH RESPECT TO YOUR ACCESS OR USE OF THIS SITE OR ANY CONTENT OR MATERIALS THEREIN SHALL NOT EXCEED THE GREATER OF (I) THE FEES YOU PAID TO OSHI HEALTH IN THE THREE (3) MONTHS PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE, OR (II) $100 (ONE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
17. Dispute Resolution; Binding Arbitration
Please read the following sub-sections carefully because they require you to arbitrate certain disputes and claims with Oshi Health and limits the manner in which you can seek relief from us, including a class action waiver. This Section 17 applies to all Disputes (unless excluded under Section 17) between you and the Oshi Health Parties.
17.1. Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Oshi Health agree (a) to waive your and Oshi Health’s respective rights to have any and all disputes arising from or related to these Terms, or the Site, resolved in a court, and (b) to waive your and Oshi Health’s respective rights to a jury trial. Instead, you and Oshi Health agree to arbitrate disputes through binding arbitration (which is the referral of a dispute to one or more persons charged with reviewing the dispute and making a final and binding determination to resolve it instead of having the dispute decided by a judge or jury in court).
17.2. No Class Arbitrations, Class Actions or Representative Actions
You and Oshi Health agree that any Dispute arising out of or related to these Terms or the Site is personal to you and Oshi Health and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Oshi Health agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Oshi Health agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
17.3. Federal Arbitration Act
You and Oshi Health agree that these Terms affect interstate commerce and that the enforceability of this Section 17 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
17.4. Notice; Informal Dispute Resolution
You and Oshi Health agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Oshi Health shall be sent by certified mail or courier to Oshi Health, Inc. Attn: Legal Dept., 228 Park Ave S, Suite 16389, New York, NY 10003. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 6 and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Oshi Health cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Oshi Health may, as appropriate and in accordance with this Section 17, commence an arbitration proceeding or, to the extent specifically provided for in Section 17.1, file a claim in court.
Except for Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Oshi Health agree that any Dispute must be commenced or filed by you or Oshi Health within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Oshi Health will no longer have the right to assert such claim regarding the Dispute). You and Oshi Health agree that (a) any arbitration will occur (i) in the State of New York, (ii) in the county where you reside, or (iii) telephonically, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth herein (“AAA Rules”), which are hereby incorporated by reference, and (c) that the seat of the arbitration shall be New York City, New York and that state or federal courts of the State of New York and the United States, respectively, sitting in New York City, New York, have exclusive jurisdiction over any litigation in aid of arbitration and the enforcement of any arbitration awards. The parties shall attempt to agree on the single arbitrator to be appointed to resolve the Dispute. If the parties are unable to reach agreement within 30 days after commencement of the arbitration with the AAA, the arbitrator selection process identified in the AAA Consumer Arbitration Rules shall apply. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court. Each party shall be responsible for its costs incurred in such arbitration, but the arbitrator shall not have the authority to re-allocate those costs in an award or otherwise. If you cannot afford to pay for the arbitration, you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. As part of the arbitration, both you and Oshi Health will have the opportunity to reasonable discovery of non-privileged information that is relevant and material to the Dispute, including the ability to request from each other, and third parties, documents, information and testimony that is relevant and material to the Dispute.
17.6. Authority of Arbitrator
As limited by the FAA, these Terms and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
17.7. AAA Rules
The AAA Rules and additional information about the AAA are available on the AAA website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the AAA Rules, or (b) waive your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason.
If any term, clause or provision of this Section 17 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 17 will remain valid and enforceable. Further, the waivers set forth in Section 17.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
17.9. Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 17 by writing to firstname.lastname@example.org. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 18.
18. Governing Law
These Terms, and your access to and use of the Site shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved on an individual basis in the state or federal courts of the State of New York and the United States, respectively, sitting in New York City, New York.
19. Application Support
All questions and requests relating to Site support must be directed to Oshi Health. To submit a support request, please email us at email@example.com. Oshi Health will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Site at any time, without notice.
20. International Users
Use of the Site is intended solely for residents of the United States. The Site may contain content, services, or information otherwise not accessible or valid in your country. Access to the Site from outside the United States is at your own risk, and Oshi Health does not take responsibility for your use of the Site. Any offer for any product or service made on the Site is void where prohibited by law.
Oshi Health may change, add, or delete portions of these Terms at any time on a going-forward basis. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Site or updating the “Last Modified” date at the beginning of these Terms. Continued use of the Site and/or Services following such notice will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms, including such changes. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such term will be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect. These Terms constitute the entire agreement between Oshi Health and you pertaining to the subject matter hereof.