End User Terms of Service
END USER TERMS OF SERVICE
PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS OF SERVICE INCLUDE AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND. SEE SECTIONS 10.1-10.10 BELOW FOR THE TERMS OF THIS ARBITRATION AGREEMENT.
I authorize the release of my test results via electronic means, and otherwise agree to the User Terms of Service.
LICENSE AND LIMITATIONS
1.1. Limited License. Subject to your agreement and continuing compliance with these Terms and any other relevant Genera policies, Genera grants you a non–exclusive, non–transferable, revocable, limited license to access and use Genera Application using a web browser or mobile device solely for your own non–commercial purposes. You agree not to use Genera Application for any other purpose. You will receive, at your cost, certain messages (including SMS messages) in connection with your use of Genera Application, including without limitation, administrative messages, service announcements, and application updates, from Genera, your mobile carrier or third-party service providers. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access Genera Application, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through Genera Application.
1.2. License Limitations. Any use of Genera Application in violation of these license limitations or these Terms is strictly prohibited and can result in the immediate revocation of your limited license granted in these Terms, and may subject you to liability for violations of law and these Terms. Any attempt by you to disrupt or interfere with Genera Application including undermining or manipulating the legitimate operation of any application is a violation of these Terms and may be a violation of law. You agree that you will not, under any circumstances, do any of the following:
1.2.1. Use, design, or assist in the design of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with Genera Application or any application experience;
1.2.2. Modify or cause to be modified any files that are a part of Genera Application;
1.2.3. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support Genera Application or any application environment; or (2) the use of Genera Application by any other person;
1.2.4. Institute, assist, or become involved in any type of attack, including but not limited to distribution of a virus, denial of service attacks upon Genera Application, or other attempts to disrupt Genera Application or any other person's use or enjoyment of Genera Application;
1.2.5. Attempt to gain unauthorized access to Genera Application, accounts registered to or information provided by or related to others or to the computers, servers, or networks connected to Genera Application by any means other than the user interface provided by Genera, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of Genera Application;
1.2.6. Engage in any act that Genera deems to be in conflict with the spirit or intent of Genera Application, including, but not limited to, circumventing or manipulating these Terms, our application rules, application mechanics or policies;
1.2.7. Use Genera Application, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
1.2.8. Use Genera Application or any part thereof for any commercial purpose, including but not limited to for any commercial advertisement or solicitation.
1.2.9. Transmit unauthorized communications through Genera Application, including any materials that promote malware, spyware and downloadable items;
1.2.10. Make available through Genera Application information that infringes any right of privacy, or other right of any person or entity or impersonates any other person, including but not limited to a Genera employee and/or customer service representative;
1.2.11. Use any unauthorized third party software that accesses, intercepts, “mines,” or otherwise collects information from or through Genera Application or that is in transit from or to Genera Application, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by Genera Application to store information about application elements or environment. Genera may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
1.2.12. Intercept or observe any proprietary communications protocol used by a user, client, server, or Genera Application, whether through the use of a network analyzer, packet sniffer, or other device;
1.2.13. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
1.2.14. Bypass any robot exclusion headers or other measures that are intended to restrict access to Genera Application or use any software, technology, or device to send information or messages, scrape, spider, or crawl Genera Application, or harvest or manipulate data;
1.2.15. Use, facilitate, create, or maintain any unauthorized connection to Genera Application, including but not limited to any connection to any unauthorized server that emulates, or attempts to emulate any part of Genera Application or any connection using programs, tools, or software
not expressly approved in writing by Genera;
1.2.16. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide Genera Application, or to obtain any information from Genera Application using any method not expressly permitted by Genera;
1.2.17. Copy, modify or distribute rights or content from any Genera site or application, or Genera's copyrights or trademarks or use any method to copy or distribute the content of Genera Application except as specifically allowed in these Terms of Service.
1.2.18. Collect, harvest or post anyone's private information, including personally identifiable information or identification documents, through Genera Application;
1.2.19. Upload or transmit or attempt to upload or transmit, without Genera's express permission, any material that acts as a passive or active information collection or transmission mechanism;
1.2.20. Create an account or access Genera Application if you are under the age of 13 or fail to monitor your account to restrict use by unauthorized minors or fail to deny access to children under the age of 13 (it being understood that you accept full responsibility for any unauthorized use of Genera Application by minors in connection with your account);
1.2.21. Have more than one account, per platform or SNS, at any given time, or create an account using a false identity or information, or on behalf of someone other than yourself;
1.2.22. Have an account or use Genera Application if you have previously been removed by Genera or previously been banned from any Genera application;
1.2.23. Use Genera Application if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals. Further, you will comply with all applicable U.S. and non–U.S. export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re–export, provide, or otherwise transfer Genera Application: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on U.S. or non–U.S. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download Genera Application for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods; or
1.2.24. Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone without Genera's written permission.
1.3. Login Information. During the account creation process, you may be required to log in using your phone number and a one-time pin we provide to you (collectively, “Login Information”). The following rules govern the security of your Login Information: (a) you agree not to share your Login Information with any other person, let anyone else access your account, or do anything else that might jeopardize the security of your account; (b) in the event you become aware of or suspect any breach of security, including but not limited to any loss, theft, or unauthorized disclosure of the Login Information, you agree to immediately notify Genera; (c) you are solely responsible for maintaining the confidentiality of the Login Information, and you agree to be responsible for all uses of the Login Information; and (d)
you are responsible for anything that happens through your account.
2.1. User Information. “User Information” means any information that is uploaded or transmitted through Genera Application, including but not limited to IP addresses and your personal information.
2.2. Information You Provide Through Genera Application. You are responsible for all information you provide through or in connection with Genera Application and that you share with others. If you submit suggestions, proposals, comments, feedback or other materials (collectively “Submissions”) within Genera Application, you understand and agree that Genera (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.
2.3. User Interactions and Text Messaging Services. You acknowledge and agree that, by signing up for Genera Application using your mobile phone number, you expressly consent to receive Genera Application-related text (SMS) messages from Genera and its representatives, and that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt-in to receive messages at that number. You acknowledge and agree that such messages may be sent using an automatic telephone dialing system or other technology. In addition, Genera Application permits you to initiate the transmission of SMS messages to other individuals over communications networks, including wireless operator/carrier networks for ultimate delivery to mobile devices. By registering for Genera Application and providing access to your telephone contacts, Genera Application may assist you in identifying contacts to whom you can initiate messages inviting such contacts to join Genera Application. You agree and warrant that you, and not Genera, initiate the transmission of any SMS messages through Genera Application, and you will not violate any federal, state, local or foreign laws, rules or regulations. You further agree that the subscribers of the phone numbers to which you initiate any SMS messages through Genera Application have consented or otherwise opted in to the receipt of your messages and any other related administrative text messages from Genera as required by any applicable law or regulation. You or your contacts no longer wishing to receive such messages can opt out of receiving further SMS messages from or through Genera at any time by responding to such message with the single-word command, “STOP.” If you have an account, you can also opt out of such messages by changing the settings within the application. You agree and warrant that you will follow these instructions to opt out of receiving SMS messages from or through Genera, and that you understand that deleting or installing the application, or blocking the phone number that delivers SMS messages, may not be not sufficient to opt you out from receiving SMS messages. You agree to notify Genera in the event that your telephone number has changed, and to update such information within Genera Application.
You are solely responsible for your interactions with any parties with whom you interact through Genera Application. If you have a dispute with any such parties, you release Genera (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, but not limited to, damages for loss of profits, goodwill, use or data. 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.” If you are a resident of another state, you hereby waive any similar provision in your state law applicable to releases.
SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE
WITHOUT LIMITING ANY OF OUR OTHER REMEDIES, WITH OR WITHOUT NOTICE TO YOU, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO GENERA APPLICATION OR PORTIONS THEREOF IF YOU ARE, OR GENERA SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF GENERA APPLICATION, CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR OTHERWISE ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS AND PRIVILEGES ASSOCIATED WITH YOUR USE OF GENERA APPLICATION, AND YOU SHALL NOT HAVE ANY RIGHT TO COMPENSATION OR REMEDY FOR ANY SUCH LOSSES OR RESULTS.
We reserve the right to cease offering or supporting Genera Application or a particular application or part of Genera Application at any time either permanently or temporarily, at which point your license to use Genera Application or a part thereof will be automatically terminated or suspended. In such event, Genera shall not provide refunds, benefits, or other compensation to users in connection with such discontinued elements of Genera Application. Termination of your account can include disabling your access to Genera Application or any part thereof including any information you submitted or others submitted.
3.1. Our Application. Genera Application in its entirety is a copyrighted work owned by Genera. Genera reserves all rights, including, but not limited to, all intellectual property rights or other proprietary rights in connection with Genera Application.
4.1. Service. You understand that Genera Application is evolving. We may require that you accept updates to Genera Application and to our applications you have installed on your computer or mobile device. You acknowledge and agree that Genera may update Genera Application with or without notifying you. You may need to update third party software from time to time in order to use Genera Application.
WARRANTY & MEDICAL DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
5.1. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF GENERA APPLICATION IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON–INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED UNDER APPLICABLE LAW). WITHOUT LIMITING THE FOREGOING, NEITHER GENERA NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD–PARTY CONTENT PROVIDERS, SERVICE PARTNERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “GENERA PARTIES”) WARRANT THAT GENERA APPLICATION WILL BE UNINTERRUPTED OR ERROR–FREE.
5.2. MEDICAL DISCLAIMER. WE DO NOT PROVIDE ANY MEDICAL ADVICE OR ASSURANCES REGARDING HEALTH OR SAFETY. GENERA APPLICATION DOES NOT OFFER MEDICAL ADVICE OR DIAGNOSES, OR ENGAGE IN THE PRACTICE OF MEDICINE. THE CONTENTS OF THIS APP, INCLUDING TEXT, GRAPHICS, IMAGES, AND OTHER MATERIALS CREATED BY GENERA APPLICATION OR OTHERWISE CONTAINED IN GENERA APPLICATION ARE FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO BE A SUBSTITUTE FOR YOUR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR PUBLIC HEALTH INFORMATION. WE CANNOT GUARANTEE THAT IT WILL CORRECTLY AND COMPREHENSIVELY APPRISE YOU OF THE RISK THAT YOU MAY OR MAY NOT HAVE BEEN EXPOSED TO COVID-19 OR TO SOMEONE WHO HAS TESTED POSITIVE FOR THE VIRUS.
RELIANCE ON ANY INFORMATION PROVIDED BY GENERA APPLICATION OR IN
CONNECTION WITH ITS SERVICES IS SOLELY AT YOUR OWN RISK. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER, OR APPROPRIATE GOVERNMENT ENTITY, WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH OR COVID-19. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. GENERA APPLICATION DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED IN GENERA APPLICATION.
5.3. LIMITATIONS; WAIVERS OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED IN THESE TERMS APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, GENERA APPLICATION UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, BUT NOT LIMITED TO, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE GENERA PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, GENERA APPLICATION. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE GENERA PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE GENERA PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF GENERA APPLICATION AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF GENERA APPLICATION AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE GENERA PARTIES BE LIABLE TO YOU FOR MORE THAN TEN DOLLARS. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GENERA IS TO STOP USING GENERA APPLICATION AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF GENERA.
5.4. Indemnification. You shall indemnify, save, and hold harmless Genera, its affiliated companies, contractors, employees, agents and its third–party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of Genera Application, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you in these Terms. Genera reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Genera, and you agree to cooperate with Genera's defense of these claims. Genera will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your account or of Genera Application.
AGREEMENT TO ARBITRATE
6.1. Arbitration. Please read the following arbitration agreement in this Section 6 (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Genera, its parent companies, subsidiaries, affiliates, successors and assigns, and all of its and their respective officers, directors, employees, agents and representatives (collectively, the “Genera Parties”) and limits the manner in which you can seek relief from the Genera Parties.
6.2. Applicability of Arbitration Agreement. You agree that any dispute, claim or controversy arising out of, relating to, or in any way connected to your access to or use of Genera Application, any communication you receive through or relating to Genera Application, or these Terms (including this Arbitration Agreement), will be resolved exclusively by binding arbitration on an individual basis, rather than in court, except that: (i) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (ii) you or the Genera Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents). This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against the Genera Parties on your behalf.
BY AGREEING TO ARBITRATE WITH THE GENERA PARTIES, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN, OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN, ANY LAWSUIT OR PROCEEDING FILED AGAINST ANY GENERA PARTIES ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE GENERA PARTIES IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THESE TERMS, INCLUDING THIS ARBITRATION AGREEMENT.
6.3. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to:
Genera Medical Technologies, LLC 2525 Ponce de Leon Blvd.; #300 Coral Gables, Florida 33134
The arbitration will be conducted by JAMS, an established alternative dispute resolution provider, in Miami-Dade County, Florida. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ and other legal fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined- arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Genera will pay them for you. In addition, Genera will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, the Genera Parties will not seek attorneys’ and other legal
fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
6.4. Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the Genera Parties. The arbitration proceeding 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 arbitral forum’s rules, and these Terms (including the Arbitration Agreement). 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 the Genera Parties.
6.5. Waiver of Jury Trial. EXCEPT AS SPECIFIED IN SECTION 6.2, YOU AND THE GENERA PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Genera Parties are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 6.2 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
6.6. Waiver of Class or Consolidated Actions. BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU AND EACH OF THE GENERA PARTIES AGREE THAT EACH MAY BRING CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in a court of competent jurisdiction. All other claims will be arbitrated.
6.7. Thirty-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to CustomerService@GeneraMedical.com or to Genera Medical Technologies, LLC, 2525 Ponce de Leon Blvd.; 300, Coral Gables, Florida 33134, in each case within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, and the phone number you used to set up your account, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
6.8. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
6.9. Survival of Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship with Genera.
6.10. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Genera makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Genera at the following address: Genera Medical Technologies, LLC, 2525 Ponce de Leon Blvd.; 300, Coral Gables, Florida 33134.
7.2. Supplemental Policies. Genera may publish additional policies related to specific services it offers. Your right to use such services is subject to those specific policies and these Terms of Service.
7.7. Amendment. Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by either party shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing. For purposes of this provision, “writing” does not include an email message and a signature does not include an electronic signature.
7.9. Equitable Remedies. You acknowledge that the rights granted and obligations made under these Terms of Service to Genera are of a unique and irreplaceable nature, the loss of which will irreparably harm Genera and that cannot be replaced by monetary damages alone. Accordingly, Genera is entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of Genera Application or any Genera application, exploitation of any advertising, or other materials issued in connection therewith, or exploitation of Genera Application or any content or other material used or displayed through Genera Application and agree to limit your claims to claims for monetary damages, limited by Section 5 (if any).
7.10. Force Majeure. Genera shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Genera, including but not limited to any failure to perform hereunder due to unforeseen circumstances or cause beyond Genera's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
7.11. Notice For California Users. Under California Civil Code Section 1789.3, users of Genera Application from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210. You may contact us at Genera Medical Technologies, LLC, 2525 Ponce de Leon Blvd.; 300, Coral Gables, Florida 33134.
7.12. Governing Law. These Terms shall be governed by the laws of the State of Florida, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods will not apply.
7.13. Exclusive Jurisdiction. To the extent that these Terms allow you or us to initiate litigation in a court, both you and us agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of Genera Application will be litigated exclusively in the state or federal courts located in Miami-Dade County within the State of Florida. Both you and us consent to the personal jurisdiction of such courts.