These Legal Terms and your use of the Services are governed by and
construed in accordance with the laws of the State of Maryland applicable to agreements made and to be entirely performed within the State of Maryland, without regard
to its conflict of law principles.
16. DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly
excluded below) will be finally and exclusively resolved by
binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION,
YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be
commenced and conducted under the Commercial Arbitration Rules
of the American Arbitration Association ("AAA") and, where
appropriate, the AAA’s Supplementary Procedures for Consumer
Related Disputes ("AAA
Consumer Rules"),
both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator
compensation shall be governed by the AAA Consumer Rules and,
where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in
person, through the submission of documents, by phone, or
online. The arbitrator will make a decision in writing, but need
not provide a statement of reasons unless requested by either
Party. The arbitrator must follow applicable law, and any award
may be challenged if the arbitrator fails to do so. Except where
otherwise required by the applicable AAA rules or applicable law, the arbitration will take place
in Montgomery, Maryland. Except as
otherwise provided herein, the Parties may litigate in court to
compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on
the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in the
state and federal courts located in Montgomery,Maryland, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction,
and forum non conveniens with respect to venue and jurisdiction in
such state and federal courts. Application of the
United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transaction
Act (UCITA) are excluded from these Legal Terms.
In no event shall any
Dispute brought by either Party related in any way to the
Services be commenced more than one (1) years after the cause of action arose. If this provision is
found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of
this provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class action procedures;
and (c) there is no right or authority for any Dispute to be brought
in a purported representative capacity on behalf of the general public
or any other persons.
Exceptions to Arbitration
The Parties agree that the
following Disputes are not subject to the above provisions
concerning binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute related
to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use; and (c) any claim
for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
17. CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information
on the Services at any time, without prior notice.
18. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR
THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR
ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO $1.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) use of the
Services; (2) breach
of these Legal Terms; (3) any breach of your representations and warranties set forth
in these Legal Terms; (4) your violation of the rights of a third party, including but
not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services
with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter
for which you are required to indemnify us, and you agree to cooperate,
at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to this indemnification
upon becoming aware of it.
21. USER DATA
We will maintain certain data that you transmit to the Services
for the purpose of managing the performance of the Services, as
well as data relating to your use of the Services. Although we
perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to
any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of
such data.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Services, sending us emails, and completing online
forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Services,
satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY
OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights
or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means
other than electronic means.
23. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from
us, simply reply to the text with "STOP.” You may receive an
SMS message confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any
SMS messages sent or received. The rates are determined by your
carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS
communications, please email us at sapphiredermatology@gmail.com or call at 3012449069.
24. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you
can contact the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer
Affairs in writing at 1625 North Market Blvd., Suite N 112,
Sacramento, California 95834 or by telephone at (800) 952-5210
or (916) 445-1254.
25. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by
us on the Services or in respect to the Services constitute the
entire agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision of these
Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act caused
by any cause beyond our reasonable control. If any provision or
part of a provision of these Legal Terms is determined to be
unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does
not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment
or agency relationship created between you and us as a result of
these Legal Terms or use of the Services. You agree that these
Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on
the electronic form of these Legal Terms and the lack of signing
by the parties hereto to execute these Legal Terms.
26. CONTACT US
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services,
please contact us at:
Sapphire Dermatology LLC
10801 Lockwood Drive
Suite 280
Silver Spring, MD 20901
United States Phone: 3012449069
sapphiredermatology@gmail.com
