Terms and Conditions

Mobility Health International, Inc. Patient Terms of Use

Last Updated: September 23, 2021

THIS AGREEMENT APPLIES TO PATIENTS—IT DOES NOT APPLY TO PHYSICAL THERAPIST OR HEALTH CARE PROVIDERS.

These Terms of Use (“Terms”) constitute an agreement between the patient (“you” or the “user”) and Mobility Health International, Inc. and its affiliates or assigns (collectively, “Mobility,” “we,” “us” or “our”).  By accessing our platforms through which services may be provided, or by posting on our blog or social media, (the “Platform”), you signify that you have read, understand, and agree to be bound by these Terms.  The Platform may be accessible via websites or applications, whether owned and/or operated by us or third parties, including without limitation, through our website at https://www.mobilityhealth.io/ and any of our related applications.  Please read these Terms carefully.  You should print a copy of these Terms for your records.

Your Information and Disclosure to Third Parties

Mobility has made a commitment to protecting the privacy of those who use the Platform.  Please review our Privacy Policy, The Platform’s Privacy Policy is incorporated by reference in these Terms.  By using the Platform, you are consenting to and agreeing to be bound by the Privacy Policy.

Platform Services

The Platform connects patients with a network of physical therapists.  When you use the Platform, you consent to receive communications from us electronically via the Platform, email, or otherwise.  You agree to provide accurate, current, and complete information about yourself when you use the Platform and to update such information while you continue to use the Platform.

Account Registration

You may be given the opportunity to register to create a user account.  (“Your Account”).  By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge.  You agree to maintain and promptly update your registration information on the Platform so that it remains current, complete and accurate. During the registration process, you may be required to choose a password and/or user name. You acknowledge and agree that Mobility may rely on this password or user name to identify you. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.  You are responsible for all use of Your Account, regardless of whether you authorized such access or use, and for ensuring that all use of Your Account complies fully with the provisions of these Terms of Use.

Any conduct that in Mobility’s sole discretion restricts or inhibits anyone else from using or enjoying the Platform will not be permitted. Mobility reserves the right in its sole discretion to remove or edit User Content by you and to terminate Your Account for any reason.

Mobile Devices and Mobile Applications

If you use a mobile device to access the Platform optimized for mobile-viewing, opt in to receive SMS (text messages) from Mobility (as/when available), or use a mobile application, the following additional terms and conditions ("Mobile Terms") also apply to you.  Your access to the Platform via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms.  

You may opt in to receive SMS text messages on your mobile device.  Your consent is not required as a condition of purchasing any goods or services from us.   Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date, time, and content of your messages and other information you provide to Mobility as part of this service.  Mobility may use this information to contact you and provide services you request from Mobility.

Mobility will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.  You understand that wireless service through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise.  You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Platform or use of a mobile application.  All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.  

Eligibility

You represent and warrant that you: (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from the Platform; (c) do not have more than one account at any given time for the Platform; (d) will only provide us with true, accurate, current and complete information if you register for an account–if we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Platform (or any portion thereof); and (e) have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.

No Doctor Patient Relationship

You acknowledge that although some content on the Platform may be provided by healthcare professionals, the provision of such content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you in choosing a physical therapist, doctor, or other healthcare specialist, professional, provider, organization, or agents or affiliates thereof (collectively, “Healthcare Providers”) or otherwise be generally informative.

HEALTHCARE PROVIDERS USE THE SERVICES TO SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR HEALTHCARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM MOBILITY INCLUDING, WITHOUT LIMITATION, ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTHCARE PROVIDER IN ANY FIELD.

Mobility encourages Healthcare Providers to use the Platform responsibly, but we have no control over, and cannot guarantee the availability of, any Healthcare Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the services whatsoever.

We Do Not Provide Medical Advice

Mobility is not a healthcare provider. The services that you obtain or receive from Mobility, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Platform, is for informational, scheduling and payment purposes only. All medically related information, including, without limitation, information shared via the Platform, Mobility emails and text messages, and Mobility advertising is for informational and communicative purposes only.

WHILE WE HOPE THE PLATFORM IS USEFUL IN YOUR HEALTHCARE JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR 911. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, NURSING, PHARMACY, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.  ONLY LICENSED HEALTHCARE PROVIDERS MAY PROVIDE HEALTHCARE ADVICE.  YOU ARE SOLELY RESPONSIBLE FOR YOUR DECISION TO OBTAIN TREATMENT FROM A HEALTHCARE PROFESSIONAL.  

Although Mobility allows you to use the Platform to search for and filter Healthcare Provider options, Mobility is not a referral service and does not refer, recommend, or endorse any particular Healthcare Provider, test, procedure, opinion, or other information that may appear through the services. If you rely on any content on the Platform, you do so solely at your own risk. We encourage you to independently confirm any content on the Platform relevant to you with other sources, including the Healthcare Provider’s office, medical associations relevant to the applicable specialty, your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education.

Authorization and Acknowledgement; Important Information About Healthcare Provider Relationships and Healthcare Provider Lists

In connection with using the Platform to schedule appointments with Healthcare Providers, you understand that:

YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE HEALTHCARE PROVIDER IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.

Mobility or its designee may take certain limited steps to verify that Healthcare Providers (a) hold certain active licenses, certifications or registrations required by law to practice the specialties of the services offered by them through the services, and (b) are not listed in the U.S. Department of Health and Human services Office of the Inspector General Exclusion database. Mobility may also exclude Healthcare Providers from our services who, in Mobility’s discretion, have engaged in inappropriate or unprofessional conduct.  However, you acknowledge that Mobility has no affirmative obligation to do so and accept sole responsibility for Healthcare Providers you choose.

To help you find Healthcare Providers who may be suitable for your needs, and enable the maximum choice and diversity of Healthcare Providers participating in the services, we will provide you with lists and/or profiles of Healthcare Providers. These results are based on information that you provide to us, such as geographical location, and healthcare specialty and/or services they provide. They may also be based on other criteria (including, for example, Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by you or by other Mobility users, and past experience of Mobility users with Healthcare Providers). Please note that there may be other Healthcare Providers in your area who are not available through Mobility.

Mobility (a) does not employ, refer, recommend, or endorse any Healthcare Providers, (b) does not make any representations or warranties with respect to these Healthcare Providers or the quality of the services they may provide, (c) is not responsible for ensuring that information (including credentials) a Healthcare Provider provides about himself or herself is accurate or up-to-date, and (d) does not receive any additional fees from Healthcare Providers for featuring them (i.e., higher or better placement on lists) through the services (subject to Sponsored Results as described below).

We may show you advertisements or sponsored results (“Sponsored Results”) through the services, including above or interspersed within the search results. Mobility receives additional fees from Healthcare Providers for including them in Sponsored Results, and such Sponsored Results are not, and should not be considered, an endorsement, referral or recommendation by Mobility of the Healthcare Provider. Sponsored Results are conspicuously labeled as “Sponsored Results” or “Paid Ads” in the services.

The Services Provided Through the Platform and the Content on the Platform Are Informational and Educational Resources

The services provided through the Platform are an informational and educational resource for consumers and Healthcare Providers. We may, but have no obligation to, publish content through the Platform that is reviewed by our editorial personnel. No party (including Mobility) involved in the preparation or publication of such works guarantees that such content is timely, accurate or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such content.

Healthcare Provider Content

Content related to Healthcare Providers and their practices (“Healthcare Provider Content”) is intended for general reference purposes only.  Healthcare Provider Content may be provided by the Healthcare Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Healthcare Provider. While we make efforts to confirm Healthcare Provider Content and keep it updated, it can change frequently and may become out of date, incomplete or inaccurate at any time.  Mobility does not provide any advice or certification regarding the qualifications of any particular Healthcare Provider.

Procedures/Products/services:

Procedures, products, services and devices discussed and/or marketed through the Platform are not applicable to all individuals, patients or all clinical situations. Any procedures, products, services or devices represented through the services by advertisers, sponsors, and other participants of the services, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.

Medical Information

You may elect to enter certain medical information into the services, including by requesting an appointment or filling out a medical history form (“Medical History Form”) on behalf of yourself or a third party from whom you have authorization to provide such information. You can request (and in doing so, authorize) Mobility to provide this information to your chosen Healthcare Provider.  You acknowledge and agree that such information will be reviewed and approved by you or someone authorized by you at the time of your appointment to ensure its accuracy. You also acknowledge that Mobility may use the data or information you provide in a Medical History Form in accordance with our Privacy Policy.

User Content

You are solely responsible for the content and information (collectively referred to as “User Content”) that you post or upload on the Platform.  By submitting User Content to the Platform, you automatically grant Mobility the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties.

User Content uploaded or otherwise communicated on the Platform shall comply with all applicable law and regulations, which you are responsible for knowing and understanding. You are prohibited from posting or otherwise communicating to us, or any other user of the Platform any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).

You understand and agree that we, without any obligation to do so, may monitor or review any User Content you post, upload or otherwise communicate through the Platform. We reserve the right to remove any such User Content, in whole or in part, at our sole discretion, that violates these Terms, is likely to harm our reputation, is deemed inappropriate or otherwise poses a risk of harm to any other person. We reserve the right to deactivate Your Account or otherwise prevent your use and/or participation on Platform at any time and for any reason.

You agree that we may access, preserve and disclose your account and any User Content posted, uploaded, received or otherwise communicated if required to do so by law or with the good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with an enforceable subpoena or other legal process; (ii) enforce these Terms; (iii) respond to claims that any information violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Platform in the future; or (v) protect the rights, property or personal safety of Mobility or its members, employees, agents, affiliates, residential communities or any other person.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Mobility or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release Mobility, and its licensees, successors and assigns, from any claims that you could otherwise assert against Mobility by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.

User Content submitted by you will be considered non-confidential and Mobility is under no obligation to treat such User Content as proprietary information except pursuant to Mobility’s Privacy Policy. Without limiting the foregoing, Mobility reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Mobility is under no obligation to edit, delete or otherwise modify User Content once it has been submitted to Mobility. Mobility shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.

Intellectual Property

The Platform, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Platform (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by Mobility or third parties; all rights, title, and interest will remain the property of Mobility and/or such third-party owner, as applicable.  All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.

You are authorized to view and retain a copy of pages of the Platform only for your own personal, non-commercial use.  You may also view and make copies of relevant documents, pages, images, or other materials on the Platform for the purpose of transacting business with Mobility.  You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, or in any way distribute or exploit the Platform, or any portion of the Platform, for any public or commercial use, without the express written consent of Mobility.  Additionally, you agree that you: (a) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the Platform (or printed pages produced from the Platform), and (b) will not make any other modifications to any documents obtained from the Platform other than in connection with completing information required to transact business with Mobility.

Use of Information and Materials

The information and materials contained on the Platform, and these Terms, policies, and descriptions on the Platform, are subject to change.  You accept sole responsibility for all of your activities using the Platform.  Your use of the Platform is limited to the intended function of the Platform.  Unauthorized use of the Platform and systems, including but not limited to unauthorized entry into Mobility’s systems or misuse of any information posted on the Platform, is strictly prohibited.  You may not use the Platform in a manner that:

(a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any party (including but not limited to rights of publicity or other proprietary rights);

(b) is unlawful, fraudulent, or deceptive;

(c) uses technology or other means to access content or systems of Mobility in a manner that is not authorized by Mobility;

(d) uses or launches any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of Mobility;

(e) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

(f) attempts to gain unauthorized access to Mobility’s computer network or user accounts;

(g) encourages conduct that would constitute a criminal offense or that gives rise to civil liability;

(h) violates these Terms or any other Mobility policies;

(i) attempts to damage, disable, overburden, or impair Mobility servers or networks;

(j) fails to comply with applicable third-party terms; or

(k) constitutes any other inappropriate conduct, as determined by us in our sole discretion.

System Outages, Slowdowns, and Capacity Limitations

At times you may experience difficulty accessing the Platform or communicating with Mobility through the Internet, or other electronic wireless services, as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems.  Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or Mobility’s, can experience unanticipated outages or slowdowns or have capacity limitations.  Mobility is not responsible for failure or delay of performance caused by such problems.

Security

Mobility makes no warranty whatsoever to you, express or implied, regarding the security of the Platform, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Platform.  You acknowledge and agree that you are solely responsible for maintaining the security of your devices and passwords.  Mobility is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access.  You are required to notify us of any unauthorized use of the Platform by using the contact information in the “Contact Us” section below.

To protect the security of your information, Mobility may require you to authenticate your identity (i.e., prove that you are who you say you are) when you use the Platform.  

Links to Other Websites and services

The Platform may contain links to outside services and resources, the availability and content of which Mobility does not control.  We are not responsible for examining or evaluating, and we do not warrant the offering of these services and resources or the content of these websites.  Mobility does not assume any responsibility or liability for the actions, products, and content of these and any other websites.  Any concerns regarding any such services or resources should be directed to the service or resource.

Severability/No Waiver

If any provision of these Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.  Mobility’s failure to enforce the strict performance of any provision of these Terms or the additional terms and conditions for any product or service will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms or the additional terms and conditions.

Limitation of Liability

To the maximum extent permitted by law, Mobility, and its subsidiaries, affiliates, officers, directors, employees, and agents, will not be liable to you for any lost profits, revenues, financial losses, or any indirect, special, consequential, exemplary, or punitive damages of any kind. To the maximum extent permitted by law, the total liability of Mobility, and its subsidiaries, affiliates, officers, directors, employees, and agents, for any claim, cost, damage, or loss arising out of or relating to the Platform, including for any warranties that may not be excluded, shall not exceed the amount you paid to Mobility during the twelve months prior to the event giving rise to the liability or $10.00, whichever is greater (the “Liability Cap”). Mobility and you agree that the Liability Cap shall include all forms of damages.

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages.  In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Disclaimers

THE PLATFORM IS PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  MOBILITY MAKES NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THAT OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (C) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE. MOBILITY UNDERTAKES NO OBLIGATION TO UPDATE THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOBILITY, OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY REGARDING THE PLATFORM NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE PLATFORM AND ITS CONTENT AND DATA MAY BE PROVIDED BY MOBILITY FROM TIME TO TIME WITHIN THE PLATFORM.

WE DO NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR THAT THE PLATFORM AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT.  IF YOUR USE OF THE PLATFORM, THE MATERIAL, OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

NOTHING ON THE PLATFORM SHALL BE CONSTRUED AS LEGAL, FINANCIAL, MEDICAL, OR OTHER ADVICE, AND YOU ARE SOLELY RESPONSIBLE FOR MAKING ALL DECISIONS TO COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS, CODES, OR STANDARDS.

Indemnification

You will defend, indemnify, and hold us harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to your conduct with respect to the Platform or violation (or alleged violation) of these Terms.  Under no circumstance will Mobility be liable for damages of any kind that result from your use of, or the inability to use, the Platform.  

Termination

We may terminate or suspend your access to the Platform, delete your account and any content or information or prohibit you from using or accessing the Platform (or any portion, aspect or feature of the Platform) if you violate these Terms, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Platform.  We may also terminate your account without cause for convenience upon written notice.  If you wish to terminate your account, you may do so by following the instructions on the Platform. Any fees paid hereunder are non-refundable.  In the event of termination, you will still be bound by your obligations under these Terms.

Changes

You are responsible for reviewing these Terms regularly.  Mobility reserves the right, at any time, without notice to you, and in its sole discretion, to modify or discontinue the Platform, these Terms, or any Mobility policies related to use of the Platform.  Revisions to these Terms or Mobility’s policies may be provided through the Platform, including by posting the revisions on the Platform and updating the “Last Updated” date.  Such revisions will go into immediate effect once posted to the Platform.  Continued use of the Platform following such modifications to the Platform, these Terms, additional terms and conditions for any service, or other Mobility policies will constitute your acceptance of such modifications and revisions.

Legal Disputes

YOU AND MOBILITY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.  OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and Mobility arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”), will be settled by binding arbitration.

Prior to initiating any arbitration, the initiating party will give the other party at least 60 days advanced written notice of its intent to file for arbitration.  Mobility will provide such notice by either email to your e-mail address on file with Mobility or by mail to your mailing address on file with Mobility and you must provide such notice to Mobility by email to support@mobilityhealth.io

During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes.  Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.  The arbitrator will conduct any arbitration proceedings by telephone or videoconference unless in-person appearances are requested by you or Mobility and approved by the arbitrator.  Any in-person appearances will be held at a location mutually agreed upon by you and Mobility, or, in the absence of such agreement, at a location determined by the arbitrator.  The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.  The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.  

Mobility and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only.  Neither Mobility nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis.  If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration).  These Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 and, where otherwise applicable, by the laws of the State of Pennsylvania.

Unless you and Mobility agree otherwise, in the event that it is determined or these Terms provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the Eastern District of Pennsylvania and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the Eastern District of Pennsylvania for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Pennsylvania, and you submit to the personal jurisdiction of that court.

Miscellaneous Provisions

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  The section headings used herein are for convenience only and shall not be given any legal import.

Mobility’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.

Mobility may assign its rights and duties under these Terms to any party at any time without notice to you.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force.  

Contact Us

If you have any questions regarding the Platform, please feel free to send us an email at support@mobilityhealth.io