TERMS AND CONDITIONS
Welcome to CashPriceMD, owned and operated by HTX Cash Consulting, LLC, d/b/a CashPriceMD, a Texas limited liability company (“CashPriceMD” “Company”, we”, “us”, or “our” ). CashPriceMD provides an online marketplace (the “Services”) that connects consumers (“Consumers”) with affordable healthcare and dental related services from reputable medical, dental, healthcare, and wellness professionals (the “Providers”). The Services are accessible at www.CashPriceMD.com and/or our mobile software application (together with any content, functionality, and Services available therein, and successor site(s) or applications thereto, the “Platform”). Each of the Consumers and/or Providers may hereafter be referred to as a “you,” “your,” “User” or collectively as “Users” who transact and interact using the Platform. By using the Platform, you agree to comply with and be legally bound by the terms and conditions of these Terms and Conditions (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Platform and all Mutual Content (as defined below) and constitute a binding legal agreement between you and CashPriceMD.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN US AND YOU, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS.
THE PLATFORM IS AN ONLINE PLATFORM THROUGH WHICH CONSUMERS SEARCH FOR PROVIDERS IN ORDER TO RECEIVE AFFORDABLE SERVICES PROVIDED BY THE PROVIDERS. USERS UNDERSTAND AND AGREE THAT CashPriceMD IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDERS AND CONSUMERS. CASH PRICE MD HAS NO CONTROL OVER THE CONDUCT OF USERS OF THE PLATFORM OR ANY INFORMATION PROVIDED IN CONNECTION THERETO, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“Appointment” means a scheduled appointment coordinated and occurring on, or off, the Platform between a Consumer and a Provider.
“Platform Content” means all Content that CashPriceMD makes available through the Platform, including any Content licensed from a third party, but excluding User Generated Content.
“Mutual Content” means User Generated Content and Platform Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Listing” means the curated list of qualified Providers available through the Platform to provide the Provider Services based on Consumer’s search via the Platform.
“Provider Services” means the services provided directly to the Consumer by the Service Provider as set forth in a Listing.
“User Generated Content” means all Content that a Consumer posts, uploads, publishes, submits or transmits to be made available through the Platform.
BY USING THE PLATFORM, INCLUDING BY OPENING AN ACCOUNT, OR BY SCHEDULING OR ACCEPTING AN APPOINTMENT THROUGH THE PLATFORM, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU AGREE TO THESE TERMS. THESE TERMS ALSO GOVERN THE RELATIONSHIP BETWEEN YOU AND A PROVIDER IN CONNECTION WITH APPOINTMENTS THAT YOU SCHEDULE OR ACCEPT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR PLATFORM.
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the CashPriceMD Platform thereafter. Your continued use of the CashPriceMD Platform following the posting of the revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
In order to use or access the Platform, you need to (a) be 18 or older, or, be under 18 and have your parent or legal guardian’s consent to these Terms, and, (b) have the power to enter into a binding contract with us and are not barred from doing so under any applicable laws. If you are a parent or legal guardian entering these Terms for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child's use of the Platform, including all financial charges and legal liability that he or she may incur.
How the Platform Works
CashPriceMD is a two-sided marketplace that connects Consumers with affordable medical, dental, mental health, and other health-related services from reputable Providers.
Consumers simply create an account on CashPriceMD. Once you verify your email, you search for the type of Service you wish to procure (“Search”). Consumers will then be provided with a Listing of curated Providers based on their price, custom service details, availability and location. Consumers then select the Provider of their choice from the Listing and once the Consumer has inputted their preferred payment method, detailed contact information is provided for each Party to schedule an Appointment. Once approved, Consumer will receive an Appointment confirmation. Appointments are confirmed on the Platform. A Consumer is required to pay for the Provider Services before the Provider Services are rendered. Once the Service is completed, the Provider’s fee will be earned and paid to the Provider and the Consumer may be provided the opportunity to review the Service experience.
CashPriceMD makes no representations or warranties about the quality of any Provider Services provided directly between Consumers and Providers. Providers listed on the CashPriceMD Platform are not controlled by the Company, and Providers decide at their own discretion how to provide their Provider Services and how much to charge. We conduct an initial internal review of each Provider before accepting them as a Provider on the Platform, but the Company does not otherwise screen Providers. Consumers are required to use their independent judgment before engaging a Provider or otherwise interacting with Providers using the CashPriceMD Platform. Consumers are solely responsible for making decisions when selecting Providers and may not rely on any internal screening process undertaken by Company. Consumers agree that Company has no liability for damages associated with Provider Services or resulting from any other transactions between Users of the CashPriceMD Platform.
No Professional Advice: If the Service provides professional information (for example, medical, legal, or financial), such information is for informational purposes only and should not be construed as medical advice or Provider Services. No action should be taken based upon any information contained on the Platform. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
No Patient Relationship: You are not a patient of CashPriceMD. CashPriceMD and the Platform do not give medical or clinical advice. The advice you receive from your healthcare professional should supersede any information you see on the Platform. You should consult with qualified health professionals who are familiar with your individual medical needs concerning your specific medical issues. Never disregard professional advice or delay in seeking it because of information you read on the Platform.
Consumers and Providers engage on the Platform when they mutually agree to an Appointment that stipulates the scope, fees, and timing on the CashPriceMD Platform. An Appointment is initiated by the Consumer by submitting a Search, selecting a Provider from the list provided, paying online, and then following the steps set forth for setting the Appointment. If you are a Consumer and you initiate an Appointment, you agree to pay for the Provider Services described in the Appointment when you click the [“Pay”] button. All requests are subject to acceptance by the Provider. The Provider is not obligated to accept your request and may, at the Provider's discretion, decline for any reason. Although Consumers may view Listings as an unregistered visitor to the Platform, if Consumer wishes to use the Platform, Consumer must first register to create a CashPriceMD Account.
CashPriceMD’s role is solely to facilitate the availability of the Platform and to provide Service Listings related thereto, such as payment integration and Appointment. CashPriceMD does not provide and is not responsible for User Generated Content or any information or advice exchanged between Consumers and Providers during Appointments or otherwise. Consumer understands and acknowledges that Cash Price MD is not responsible for and disclaims any and all liability related to any and all Listings and information provided on the Platform. Accordingly, all users of the Platform use it at their own risk. By using the Platform, Consumers agree that any legal remedy or liability that they seek to obtain for actions or omissions of Providers or other third parties will be limited to a claim against the particular Provider or other third parties who caused Consumer harm and you agree not to attempt to impose liability on, or seek any legal remedy from CashPriceMD with respect to such actions or omissions.
Terminating a Scheduled Appointment
Consumers and Providers are in complete control over whether a Provider Service is completed. A Consumer may refuse to receive services from a Provider and a Provider may refuse to provide Provider Services to a Consumer, even after agreeing to perform the service via the Platform, in either of their sole judgments. However, the then-current cancellation and refund policy will apply and be binding as deemed incorporated herein.
Account Registration; Security
If you choose, or are provided with, a Username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the CashPriceMD Platform or portions of it using your Username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your Username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. We have the right to disable any Username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.
Consumer Appointments and Financial Terms
Consumers are responsible for honoring their confirmed Appointments. If Consumers choose to connect with a Provider by scheduling an Appointment via the Platform, these Terms and other terms, conditions, rules and restrictions associated with such Appointment as set out in the Listing may apply. Consumers acknowledge and agree that they will be responsible for performing the obligations of any such agreements and that CashPriceMD is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
Consumers agree to pay CashPriceMD all Appointment Fees due in connection with any Appointment.
In connection with paying fees, Consumers will be required to provide billing information such as name, billing address and credit card information either to CashPriceMD or its third-party payment processor. Consumers agree to pay CashPriceMD for any Provider Services that have not been otherwise canceled in accordance with our Cancellation Policy (below) and in accordance with these Terms, by one of the methods described on the Platform. Consumers hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the Appointment, either directly by CashPriceMD or indirectly, via a third-party online payment processor or by one of the payment methods described on the Platform.
Appointment modifications, reschedules, or cancellations should be coordinated directly with your Service Providers. Refund requests should only be made by email: [email protected]
Cancellation fees may apply as per the table below:
|Time of Cancellation or No-Show
|24 hours prior to the Appointment
|Less than 24 hours prior to the Appointment
Note: Last minute cancellations are detrimental to our relationship with Providers and should be avoided if at all possible. We provide you with your Service Provider’s contact information to modify, reschedule or cancel up until 24 hours prior with no penalty so please use these tools.
Any Appointment scheduled via the Platform is backed by our 100% money-back guarantee. If you arrive at your scheduled Appointment and, through no fault of your own, do not receive your scheduled Provider Services, you are entitled to a full refund. However, we can also help facilitate a new Appointment with your Provider or find a different Provider to complete your Service. For no-shows and appointment cancellations, please refer to our cancellation policy. All payments are non-refundable after Provider Services are rendered. Refunds can be requested via email to [email protected].
Intellectual Property Rights
The Platform 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 owned by the Company, its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use any part of the Platform or any Services or materials available through the Platform for any commercial purposes.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms and Conditions, your right to use the Platform will stop 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 Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
The Company name, the brand “CashPriceMD,” the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
You may use the Platform only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Platform:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform, or expose them to liability.
Additionally, you agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform.
User Generated Content
The Platform may contain reviews, comments, message boards, profiles, activity feeds, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Generated Content") on or through the Platform.
All User Generated Content must comply with the Content Standards set out in these Terms and Conditions.
Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that:
- You own or control all rights in and to the User Generated Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Generated Content does and will comply with these Terms and Conditions.
You understand and acknowledge that you are responsible for any User Generated Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Generated Content posted by you or any other user of the Platform.
These content standards apply to any and all User Generated Content and use of the Platform. User Generated Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Generated Content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
The owner of the Platform is based in the State of Texas in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain states or countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content 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 of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We respond to notices of alleged copyright infringement and will terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on the Platform infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with the Company at our email address:
We respond to notices of alleged copyright infringement and will terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on the Platform infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with the Company at our email address:Please provide the following information:
- A description of the copyrighted work you believe to have been infringed;
- A description of the URL or other location on our Platform of the material you believe to be infringing;
- Your name, mailing address, telephone number and email address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
Suspension and Termination
You understand and agree that we have no obligation to provide the Platform in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the Platform for any reason or for no reason at all. You may suspend or terminate, in your sole discretion, your user account or use of the Platform at any time and for any reason. Note that all outstanding payment obligations incurred prior to termination will survive suspension or termination of your account.
IF YOU CHOOSE TO USE THE PLATFORM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT CashPriceMD DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY PROVIDER. THE PLATFORM AND MUTUAL CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CashPriceMD EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. CashPriceMD MAKES NO WARRANTY THAT THE PLATFORM OR MUTUAL CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY INFORMATION PROVIDED VIA APPOINTMENTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CashPriceMD MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES, THE PROVIDER GUIDANCE, OR MUTUAL CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY MUTUAL CONTENT OBTAINED THROUGH THE PLATFORM, APPLICATION OR THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CashPriceMD OR THROUGH THE PLATFORM OR MUTUAL CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH PROVIDERS OR OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM. YOU UNDERSTAND THAT CashPriceMD DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OR GUIDANCE OF PROVIDERS OR OTHER USERS OF THE PLATFORM. CashPriceMD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM.
THE PLATFORM MAY CONTAIN RATINGS. RATINGS ARE ESTABLISHED BY USING THE COMPANY’S PROPRIETARY RATING FORMULA, AT OUR SOLE DISCRETION, WHICH GIVES CONSIDERATION TO DIFFERENT CRITERIA, SUCH AS A PROVIDER’S WORK HISTORY, EDUCATION, PROFILE COMPLETION ON THE PLATFORM, AVAILABILITY, AND GUIDANCE SEEKER REVIEWS. THE RATINGS ARE OFFERED FOR FREE AND "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WHILE WE HAVE MADE EVERY POSSIBLE EFFORT TO PROVIDE MEANINGFUL RATINGS, WE CAN NOT GUARANTEE THEIR CORRECTNESS AND THEY MAY BE CHANGED OR REMOVED AT ANY TIME WITHOUT NOTICE, AT THE COMPANY’S SOLE DISCRETION.
Limitation of Liability
Exclusion of Certain Types of Damages. To the maximum extent permitted under applicable law, in no event will Company be liable to you for any indirect, special, incidental, or consequential damages, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the Platform, including without limitation damages related to any information received from the Platform, removal of your profile information or review (or other content) from the Platform, any suspension or termination of your access to the Platform, or any failure, error, omission, interruption, defect, delay in operation or transmission of the Platform, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limit on Our Liability to You. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE PLATFORM OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO THE COMPANY (SPECIFICALLY EXCLUDING AMOUNTS PAID TO PROVIDERS) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID COMPANY FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00 USD (OR EQUIVALENT IN LOCAL CURRENCY).
No Liability for non-Company Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE PLATFORM, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE PLATFORM, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE PLATFORM, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS OR PROVIDERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.
IF YOU HAVE A DISPUTE WITH A PROVIDER YOU AGREE TO RELEASE COMPANY FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN NO EVENT WILL COMPANY BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF YOU OR ANY PROVIDER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
You agree to release, indemnify, and hold CashPriceMD and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or Mutual Content or your violation of these Terms; (b) your User Generated Content and (c) your (i) interaction with any Provider, (ii) reliance on any information exchanged via the Platform, or (iii) creation of a Listing. CashPriceMD shall have the right to control all defense and settlement activities.
Phone, Text, and Mobile Communications
By providing us with your wireless phone number, You confirm and consent to Company communicating with you about the Platform, your Appointments, and other products and services that may be of interest to you by SMS, text message, email and other electronic means, including automated text messages containing Platform and Appointment information and/or marketing messages, even if your phone number is on the do-not-call list. Your carrier's normal messaging, data and other rates and fees will apply to these communications. You are not required to provide this consent to receive marketing messages as a condition of using the Platform and you may opt-out of receiving these messages at any time (though you may continue to receive messages related to your Appointments).
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Platform that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Company should be emailed to [email protected]. After the Notice is received, you and Company may attempt to resolve the claim or dispute informally. If you and Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non- appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CashPriceMD NOW WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Houston, Texas, for such purpose.
The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way affect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified.
The waiver by either party of a breach of or a default under any provision of these Terms shall not be effective unless in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of these Terms, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
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This content was last updated on September 19, 2022.