Last Modified: December 26, 2023

The following Terms of Service (the “Terms of Service”) constitute an agreement between you, the user, and AdviceCoach LLC, a Delaware limited liability company (“AC Health”, “AdviceCoach”, “we”, or “us”). These Terms of Service govern your access to and use of AC Health, a mobile application (the “App”), and https://portal.ac-health.com/, a website (the “Portal”) and https://www.ac-health.com/, a website (the “Website”), including any content, functionality and services offered on or through any of AC Health’s other products or services (collectively referred to as the “Services”), owned and operated by AdviceCoach LLC.

PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES BECAUSE THEY CONTAIN PROVISIONS THAT AFFECT YOUR RIGHTS AND OBLIGATIONS, INCLUDING A MANDATORY ARBITRATION PROVISION AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.  BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, FOUND AT HTTPS://WWW.AC-HEALTH.COM/PRIVACY-POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.

THE SERVICES ARE OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND ARE OTHERWISE CAPABLE OF FORMING A LEGALLY BINDING CONTRACT WITH AC HEALTH AND THAT YOUR USE OF THE SERVICES IS CONSISTENT WITH OUR TERMS OF SERVICE, OUR PRIVACY POLICY, AND ALL APPLICABLE LAW. IF YOU DO NOT MEET THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SERVICES.

YOU ACKNOWLEDGE AND CONFIRM THAT (I) YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS, CONDITIONS, POLICIES, PROVISIONS, DISCLOSURES AND DISCLAIMERS CONTAINED HEREIN, (II) THESE TERMS OF SERVICE HAVE THE SAME FORCE AND EFFECT AS A SIGNED AGREEMENT, AND (III) YOU EXPRESSLY ACCEPT AND AGREE TO BE BOUND BY THE TERMS HEREOF.

Changes to these Terms of Service

We may modify these Terms of Service at any time at our sole discretion. We will post notice of changes to these Terms of Service on this page. Changes will not apply retroactively and will only become effective when (i) you use the Services after you know about the change, or (ii) thirty (30) days after they are posted, whichever is sooner.  However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately.  We will also update the Last Modified Date at the top of these Terms of Service accordingly.  Your continued use of the Services after the Last Modified Date signifies your consent to the modified Terms of Service.  You are expected to check this page frequently so you are aware of any changes, as they are binding on you.  If the modified Terms of Service are not acceptable to you, you should not access or use the Services after the Last Modified Date.

Data Privacy and Personal Information

By agreeing to these Terms of Service, you also consent to our Privacy Policy which can be found on our website at https://ac-health.com/privacy-policy. If you live outside the United States, by agreeing to these Terms of Service you consent to the transfer and processing of your personal information in the United States in accordance with the Privacy Policy and U.S. law.

You should not submit or upload personal information or any other information about yourself or others that you are not comfortable disclosing to the general public. This information will be viewable by other members of the Service’s community, may be searchable on indexing websites such as Google, and may be disclosed to third parties under certain circumstances as provided in our Privacy Policy.

Profile Information

By agreeing to these Terms of Service and our Privacy Policy, you acknowledge and agree that we have the right to display any or all of the information on your profile including, but not limited to, your photograph, in marketing materials and on our Website and App without obtaining your permission.

Protected Health Information

Some of the data you or your provider provide AC Health is classified as Protected Health Information (PHI). Additional information on how we handle PHI data can be found in our HIPAA Notice of Privacy Practices. More information can be found at https://ac-health.com/hipaa-privacy-practices

International Users

AC Health and the Services are operated from within the United States.  If you access the Services from a location outside the United States, you are responsible for compliance with the laws of that jurisdiction regarding online conduct and acceptable content. AC Health makes no claim that the content of the Services may be utilized, accessed or appropriate outside the United States. You must not access or use the Services from a territory that is embargoed by the United States or from which it is illegal to receive products, services, or software from the United States.

Third Party Links

The Services may link to social media widgets and/or independent third party websites, including but not limited to social media provider websites and applications. Such hyperlinks are provided for your reference and convenience only. AC Health is not liable for the availability or accuracy of such third party sources and you assume all risk in using them. When you link to them, these third party sites or services may place cookies and other tracking technologies on your computer and may have different rules for using or sharing any personal information you submit to them. We encourage you to read their privacy policies before submitting your personal information.

When you access third party websites or interact or communicate with third parties, including other users, through the Services, you do so at your own risk. AC Health is not responsible for the actions, content, information, data, practices, policies or opinions of any third parties.

Waiver of Rights as a California Resident

If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

User Accounts and Registration

Use of the Services requires you to register by creating an account for which you will be asked to provide certain registration details and information, including, but not limited to an e-mail address, first name, last name, and password.

By registering, you represent and warrant that (i) all of the information that you provide is correct, current, and complete; (ii) you have created an account for yourself and that you have not misrepresented your identity or created a false identity; and (iii) you have not registered for any illegal purpose, to facilitate any illegal topic, or otherwise for the purposes of providing any illegal information.

You agree to keep your username and password confidential and to not share your account with others. You agree to notify us immediately of any unauthorized access to your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information.

If you believe that your identity or someone else’s identity has been misrepresented, please contact us immediately. You may also report users who you believe to be in breach of this paragraph.

You agree that all information you provide to register with or use the Services or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Payment Information; Accessing Content

The App is free to download, but access to the Services may require the entry of a code or payment using a valid credit card. You may be asked to enter your billing and payment details and shipping address in order to use the Services.  AC Health uses Amazon Web Services and Auth0 to store your information. Additional information on Amazon Web Services is available at https://aws.amazon.com/privacy/. Additional information onAuth0 is available at https://auth0.com/docs/secure/data-privacy-and-compliance.

By entering your payment information, you confirm that the credit card or PayPal account being used is yours or that you have been authorized by the owner of the credit card or PayPal account to use it.  Payment transactions made through our App are processed by Stripe, a service offered by Stripe, Inc., in accordance with Stripe’s terms of service and privacy policy, available on Stripe, Inc.’s website, https://stripe.com/. By using the Services, you agree to be bound by Stripe Inc.’s terms and privacy policy.  All credit or debit card holders and PayPal accounts are subject to validation checks and authorization by the issuer.  If the issuer of your payment card refuses to authorize payment, AC Health will not be responsible for any delay in your ability to access and/or use the Services.

We take reasonable care to make the Website, Portal, and App secure. To help ensure that your use of our Website and App is secure, we use Secure Socket Layer (SSL) technology.  Please note that, while we take reasonable care to keep the details of your order and payment secure, in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorized access to any information you provide when providing your payment information to the Website and App.

Mobile Application

The App is available via a mobile device. Using your mobile device, you will have the ability to: (i) browse content on the Services, (ii) receive and reply to chats and messages, and (iii) access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, you acknowledge and agree that your wireless service carrier’s standard charges, data rates and other fees will apply, and that all such charges and fees will be your sole responsibility. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile device, and what restrictions, if any, may be applicable to your use of such Mobile Services.

By using the Mobile Services, you agree that we may communicate with you regarding AC Health and other entities by electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

You understand that AC Health provides the Services over the Internet and/or a mobile application, that such connections can be unpredictable, insecure, and unstable, and that AC Health cannot guarantee uninterrupted access to the Services. AC Health disclaims all liability in connection with any interruptions to Service access, security incidents or breaches arising from or attributable to an Internet and/or data connection. You agree to waive any and all claims against AC Health in connection therewith.

We do not represent or warrant that the Website or App are compatible with all devices and operating systems, and it is your sole responsibility to determine whether the Website and App is compatible with your devices. We may from time to time make updates to the Website and App. Such updates may require your acceptance of new Terms of Service as the same are updated before you may continue to use the App.

Changes and Termination of Services

These Terms of Service will remain in effect until terminated by you or AC Health. 

The disclaimer of warranties, limitation of liability, jurisdictional, limitation of time to file claims, indemnification and arbitration provisions in these Terms of Service survive any termination.

We are constantly changing and improving our Services. We reserve the right to add or remove functionalities or features of the Services, and we may suspend or stop a Service altogether. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.  The right to access and use the Services is revoked in jurisdictions where it may be prohibited, if any.

We reserve the right to terminate or change the Services or your access to the Services and to stop providing Services to you, add or create new limits to our Services, or restrict your access to all or a part of the Services, without notice, at any time and for any reason, including your violation of these Terms of Service, if we are investigating suspected misconduct, or for business reasons. You agree that AC Health may, for any reason and without notice to you, immediately terminate or otherwise restrict your access to the Services. AC Health has no obligation to maintain, store, or transfer your information or data.

Additionally, you acknowledge and agree that we may continue to use your information in accordance with our Privacy Policy even after you stop using the Services.

Licenses Granted

AC Health grants to you a revocable, non-transferable, nonexclusive, limited and non-assignable license to access and use the Services in accordance with these Terms of Service. AC Health reserves all other rights in the Services not expressly granted to you.

You grant AC Health a worldwide, unlimited, irrevocable, royalty-free license to publicly and privately use, publish, reproduce, display, copy, edit, perform, create derivative works from, or otherwise make use of any content you submit through the Services, including but not limited to forum posts, responses to community questions, chat messages and images you upload to the Services or to third party social media websites (“User Content”).

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not AC Health, are fully responsible 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 Content posted by you or any other user of the Services.

You grant AC Health a worldwide, unlimited, irrevocable, royalty-free license to publicly and privately use, distribute, modify, offer for sale or exploit any suggestions, ideas, criticism, or other type of feedback you make relating to the Services, the Website, and/or the App, with no obligation to pay you royalties or any other compensation.

Chat Functionality; Interactions with AC Health Users

AC Health’s App allows users to interact with each other using both private and public chat functionality (“Chats”) that are operated by the user’s choice of chat service provider. By using the Services, you (i) acknowledge that AC Health has no control over such service provider and (ii) agree to be bound by such service provider’s terms of service and privacy policy.

Anything that you post in Chats will be considered public and non-confidential. By posting Chats, you represent and warrant that you own or control all rights in the content that you post and that the content of your posts complies with these Terms of Service and our Privacy Policy. You agree and acknowledge that you have full responsibility for the content in your Chats and that AC Health will not be liable or responsible for the content or accuracy of any Chats.

We cannot guarantee the identity of any other AC Health users with whom you may interact in the course of using the Services or the authenticity of any data which AC Health users or may provide about themselves. You are solely responsible for independently verifying the quality, relevance, and/or accuracy of any information provided through the Services before relying on it, and for determining the suitability of any information that you obtain through the services. You acknowledge that use of the information and content that you obtain through the Services is solely at your own risk and that you will be responsible for any damage or loss to any party therefrom.

If you have a dispute with one or more AC Health users, you release us and our officers, directors, agents, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation whatsoever, to become involved in any way with these disputes.

We have the right to: (i) remove or refuse to post any User Content for any or no reason in our sole discretion; and (ii) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for AC Health.

Member Conduct and Guidelines

You may use the Services only for lawful purposes and in accordance with these Terms of Service. Without limiting the generality of the foregoing, you agree to use the Services in accordance with the provisions below:

  • You will only use the Services in accordance with the laws of your jurisdiction for personal, non-commercial purposes.
  • You will be respectful and considerate of other members and will not harass or threaten other users or violate the rights of any other party, and you will do your part to make the AC Health community a safe, supportive community for all users.
  • You will not impersonate someone else or misrepresent your affiliation with someone else.
  • You will register for the Services using accurate and current information, and you will not impersonate or attempt to impersonate AC Health, an AC Health employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or usernames associated with any of the foregoing).
  • You will not post user content that infringes another’s intellectual property rights.
  • You will not use the Services to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory.
  • You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Services.
  • You will independently verify the quality, relevance or accuracy of any information posted on the Services by others.
  • You will not use, store, copy, upload, display, post, reproduce, modify, translate, republish, distribute, broadcast, transmit, create derivative works from, display, license, sell or otherwise exploit any part of the Services or content on the Services in any form whatsoever other than as expressly permitted under these Terms of Service.
  • You will not use contact information received through the Services for phishing, spamming and other unsolicited communications or data collection.
  • You will not post unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations.
  • You will not use the Services in a manner intended to damage, disable, overburden or impair the Services or to disrupt or interfere with another’s use of the Services.
  • You will not attempt to hack or otherwise gain unauthorized access to the Services or user accounts.
  • You will not use high volume, automated, or electronic means to access the Services (including without limitation robots, spiders, or scripts).
  • You will not affect the display of the Services through use of framing, pop-ups, or third-party ads.
  • You will not transmit malware, software viruses, Trojan horses, worms, or any other malicious application to or through the Services.
  • You will not threaten, dox, or otherwise harass other members or users of the Services.
  • You will not post information that is inaccurate, false, fraudulent, or misleading, including doctored photos or submissions made under false pretenses.
  • You will not post unlawful, harassing, libelous, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.
  • You will not act in a manner that violates these Terms of Service.
  • You will comply with applicable local, state, national or international laws, statutes, ordinances, rules, regulations, or ethical codes governing your jurisdiction.
  • You will not otherwise attempt to interfere with the proper working of the Services, or engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by AC Health, may harm AC Health or users of the Services or expose them to liability.
  • You will notify us immediately of any content of the Services that violates these Terms of Service.

Any violation of the above may be grounds for termination of your right to access or use the Services by the Company in its sole discression

We have the right to (i) disclose your identity or other information about you to any third party who claims that material provided by you using the Services violates their rights, including their intellectual property rights or their right to privacy; (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (iii) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service.

YOU WAIVE AND HOLD HARMLESS AC HEALTH AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Proprietary Rights

The Services and all past, present and future content of the Services, including all software, hardware and technology used to provide the Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence, layout, and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of AC Health, are (i) owned by AC Health, its licensors or other providers of such material, (ii) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (iii) are intended solely for the personal, non-commercial use of our users, and (iv) may only be used in accordance with these Terms of Service.

Using our Services does not give you ownership of any intellectual property rights in our Services or any content on the Services. You may not use content from our Services, including User Content, unless you obtain permission from AC Health and the user who generated the content, if different from AC Health or are otherwise permitted by law. These Terms of Service do not grant you the right to use any of our technology or intellectual property. You may not remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.

No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by AC Health. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

Claims of Copyright Infringement

If you believe that User Content violates your copyright, please send a notice of copyright infringement to:

AdviceCoach LLC
Attn: Susannah Bailin
3109 Marshall Blvd.
Sullivan’s Island, SC 29482
Email: susannah.bailin@ac-health.com

The notice should include:

  • Your full name and electronic or physical signature.
  • Your mailing address, phone number and email address (at which you can be contacted by us or the alleged infringer).
  • A statement that you are the owner, or are authorized to act on behalf of the owner, of the copyright that is allegedly infringed, and that the information in your notice is accurate.
  • A statement that you have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright owner, its agent or by law, such as fair use.
  • A description of the copyrighted work(s) that you claim has been infringed.
  • A description of the location of the copyrighted materials on the Services.

Electronic Delivery Statement and Your Consent

You agree to receive legal notices and other information concerning AC Health or the Services electronically, including notice to any email address that you may provide.

Disclaimer of Representations and Warranties

AC Health is a platform intended to provide its users with a companion App for nonfiction advice books. By using the Services, you acknowledge and agree that AC Health in no way guarantees results from use of the App and/or Website to its users.

THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEITHER AC HEALTH NOR ANY PERSON ASSOCIATED WITH AC HEALTH MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY ASSOCIATED CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER AC HEALTH NOR ANYONE ASSOCIATED WITH AC HEALTH REPRESENTS OR WARRANTS THAT THE SERVICES OR ANY ASSOCIATED CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, UPDATED OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

AC HEALTH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE

Limitation of Liability

YOUR USE OF THE SERVICES AND ANY CONTENT ON THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. You may not assert claims for money damages arising from the Services or any associated content against AC Health, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents. AC Health, its affiliates, licensors and service providers, and our respective employees, contractors, officers, directors and agents shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, or loss of revenue, profits, goodwill or data, whether caused by tort (including negligence), breach of contract or otherwise, even if we knew or should have known of the possibility of such damages, arising out of or in connection with (i) your use, or inability to use, the Services or any associated content, (ii) any interaction with any third party through or in connection with the Services, including other AC Health users, (iii) any information offered or provided within or through the Services, or (iii) any other matter relating to the Services. In no event shall AC Health, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents be liable to you in the aggregate (for all potential claims by you) for any damages incurred in excess of one hundred dollars ($100). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.

Indemnification

 You are solely legally liable if your use or misuse of the Services or any associated content causes damage to the Services, to you, or to someone or something else. You agree to defend, indemnify, and hold harmless AC Health, its affiliates, licensors and service providers, and our respective employees, contractors, officers, directors and agents from and against all liabilities, claims, damages, judgment, awards, losses, costs, expenses, fines or fees (including attorney’s fees and investigation costs), that arise from or relate to your use or misuse of the Services, violation of these Terms of Service, or violation of a third party’s rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Service or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

Choice of Law and Jurisdiction

You agree that the laws of the State of New York and U.S. federal law govern these Terms of Service, your use of the Services, and any claim or dispute that you may have against AC Health, without regard to New York’s conflict of laws rules. You consent to the personal and exclusive jurisdiction of the federal and state courts of New York. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Binding Arbitration

In the rare event you have a dispute with AC Health, we encourage you to contact us immediately so we can work together toward a satisfactory resolution.  If we cannot come to a resolution, you agree that any claims, disputes, demands, counts, controversies, or causes of action between you and AC Health arising out of or relating to these Terms of Service, the Services, including the enforceability of these Terms of Service or our Privacy Policy or information practices will be finally and exclusively resolved by binding arbitration on an individual basis only (except as stated below). The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE YOUR CLAIMS HEARD IN COURT BY A JUDGE OR JURY. AN ARBITRATION AWARD IS AS ENFORCEABLE AS A COURT ORDER AND IS SUBJECT TO ONLY LIMITED REVIEW BY A JUDGE. YOU ALSO UNDERSTAND AND AGREE THAT THIS ARBITRATION PROVISION PREVENTS YOU FROM PARTICIPATING AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Arbitration will be subject to the Federal Arbitration Act, and shall be commenced and conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, by one arbitrator that is acceptable to both parties.  You can find out more AAA and how to file an arbitration claim at www.adr.org or by calling 800-778-7879.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, AC Health will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse AC Health for all fees associated with the arbitration paid by AC Health on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.

The arbitration will be conducted through written submission, unless the arbitrator determines that a telephonic hearing is required.  Except as otherwise provided in these Terms of Service, you and AC Health 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. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and AC Health shall be exclusively brought in the state or federal courts of New York.

Despite this provision, you may file a claim in a small claims court that has jurisdiction to hear the matter.

Severability and Integration

These Terms of Service and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and AC Health. If any part of the Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

General Provisions

You may not assign these Terms of Service without AC Health’s prior written approval. AC Health may assign these Terms of Service without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of AC Health’s business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and AC Health as a result of these Terms of Service or your use of the Services. Our failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AC Health in writing.

How to Contact Us

AC Health is based in the US and is the controller responsible for information that it collects and processes. If You have any questions or concerns regarding the way in which Your information is used, please contact us via mail at:

DPO – AC Health
3109 Marshall Blvd.
Sullivan’s Island, SC 29482

Our Data Protection Officer can also be contacted through email at DPO@ac-health.com.

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to us via email at:
E-mail:info@ac-health.com