SWEET TEA CANCER CONNECTIONS
TERMS OF SERVICE
Last Updated: February 6, 2020
Welcome! Thank you for your interest in Sweet Tea Cancer Connections, a Washington nonprofit corporation and a registered 501(c)(3) organization (“Sweet Tea,” “we,” or “us”), our website at www.sweetteaconnections.org, and our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Sweet Tea regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
1. Agreement Overview. As provided in greater detail in these Terms (and without limiting the express language elsewhere in these Terms), you agree and acknowledge that these Terms include the following provisions:
1.1. ARBITRATION NOTICE– Except for certain kinds of disputes described in Section 19, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND SWEET TEA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 19);
1.2. NO HIPAA PROTECTED HEALTH INFORMATION – Any data uploaded about participants to the service will not be considered protected health information under HIPAA, and Sweet Tea does not comply with HIPAA. (See Sections 3and 4);
1.3. LICENSE– The Service is licensed, not sold to you, and you may use the Service only as set forth in these Terms. (See Section 8);
1.5. NO DISCLOSURE OF PARTICIPANT INFORMATION – You will not share any personally identifiable information available on the Service, including any information submitted by participants, outside of the Service, or otherwise use any information provided on the Service to market to, solicit, or otherwise contact any user outside the Service, except as specifically requested by a user. (See Section 3);
1.6. NO WARRANTY– The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind and Sweet Tea’s liability to you is limited. (See Sections 17and 18).
2. Sweet Tea Service Overview. Sweet Tea is a knowledge and data sharing platform which assists parents and caregivers of pediatric cancer patients connect and receive psychosocial support. Sweet Tea also collaborates with researchers to provide opportunities for users in the CoHeals community to participate and contribute to psychosocial research.
3. No Medical Advice; Disclaimer. Sweet Tea does not provide medical advice. You acknowledge and agree that the Service and all information made available in connection with the Service are licensed and accessible solely for informational purposes and that the Service and content on the Service do not constitute medical advice. Information provided through the use of the Service may not be relevant for an individual’s personal situation. Your use of the Service does not create a patient relationship with any participant with whom you communicate through the Service, and you agree that you will not use the Service to create, maintain, or facilitate a doctor-patient relationship or to provide medical advice. Notwithstanding the foregoing, you represent and warrant that you will use your best judgment in providing any information to participants on the Service. You assume full risk and responsibility for the information you provide, use, or rely on, in relation to the Service. If a user brings a lawsuit based on advice that you provided through the Service, Sweet Tea may, at our sole discretion, choose to defend you. Please read Section 16for additional details. You agree not to share any information available on the Service, including any personally identifiable information submitted by participants, outside of the Service, or use any information provided on the Service to market to, solicit, or otherwise contact any user outside the Service, except as specifically requested by the user. WITHOUT LIMITING SECTIONS 17 AND 18 OF THESE TERMS, SWEET TEA DISCLAIMS ALL LIABILITY RELATED TO CONTENT, INFORMATION, OR SERVICES PROVIDED IN CONNECTION WITH THE SERVICE, AND AS A RESULT OF, OR IN RELATION TO THE USE OF THE SERVICE. SWEET TEA OFFERS OPPORTUNITIES TO DISCUSS TREATMENT OPTIONS AND DOES NOT, AND DOES NOT INTEND TO, PROVIDE MEDICAL OR HEALTH-RELATED SERVICES, ADVICE, OR ACT IN ANY WAY AS A MEDICAL OR HEALTH-RELATED PROVIDER. SWEET TEA IS NOT A PRACTITIONER AND IS NOT A MEDICAL ORGANIZATION, HOSPITAL, HEALTHCARE PROVIDER, OR MEDICAL SERVICE PROVIDER.
5. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you hold, in good standing, any credential you state that you hold on the Service, and are a member in good standing of any group or affiliation of which you state you are a member on the Service; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
6. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to- date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org
7. General Payment Terms. Certain future features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non- refundable.
8.1. Limited License. Subject to your complete and ongoing compliance with these Terms, Sweet Tea grants you, solely for your personal, non- commercial use, a limited, non-exclusive, non-transferable, non- sublicensable, revocable license to access and use the Service.
8.2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. Such permitted personal, non-commercial use does not permit you or any entity you represent to determine consumer eligibility for any purpose covered by the Fair Credit Reporting Act and is all times for lawful purposes. Without limiting the foregoing, neither you nor any entity you represent may use the Service or any information available on the Service to evaluate an individual’s eligibility for credit or insurance for personal, family, or household purposes, to evaluate a person’s eligibility for employment or volunteering purposes, to evaluate a person’s eligibility for a government license or benefit, to evaluate a person for renting a dwelling property, or for any other purpose specified in the Fair Credit Reporting Act (15 U.S.C. § 1681b), Federal Trade Commission or court interpretations of the FCRA, or similar state statutes.
8.3. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Sweet Tea an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
9. Ownership; Proprietary Rights. The Service is owned and operated by Sweet Tea. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Sweet Tea are protected by intellectual property and other laws. All Materials included in the Service are the property of Sweet Tea or its third party licensors. Except as expressly authorized by Sweet Tea, you may not make use of the Materials. Sweet Tea reserves all rights to the Materials not granted expressly in these Terms.
10. Third Party Terms
10.1. Third Party Services and Linked Websites. Sweet Tea may provide tools through the Service that enable you to export information, including User Content, to third party services. For example, you may be allowed to export all comments provided on the Service in an email to your normal email provider. By using one of these tools, you agree that Sweet Tea may transfer that information to the applicable third party service. Third party services are not under Sweet Tea’s control, and Sweet Tea is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Sweet Tea’s control, and Sweet Tea is not responsible for their content.
10.2. Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, anddistribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
11. User Content
11.1. User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, photos, video, images, medical information, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
11.2. Limited License Grant to Sweet Tea. By posting or publishing User Content on your dashboard, you grant Sweet Tea a worldwide, non-exclusive, royalty-free, perpetual, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, in connection with providing the Service. In the event you submit any User Content to a forum or similar page on the Service, the license granted in this Section 11.2 will be irrevocable and will survive termination.
11.3. Limited License Grant to Other Users. By posting or sharing User Content with other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
11.4. User Content Representations and Warranties. Sweet Tea disclaims any and all liability in connection with UserContent. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that: (a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Sweet Tea and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 11, in the manner contemplated by Sweet Tea, the Service, and these Terms; and (b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Sweet Tea to violate any law or regulation.
11.5. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Sweet Tea may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Sweet Tea with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Sweet Tea does not permit copyright-infringing activities on the Service.
12. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
12.1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
12.2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
12.3. attempt to determine the identity of any user of the Service;
12.4. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
12.5. share any other user’s User Content outside the Service, or otherwise attempt to extract and use other user’s data other than as contemplated by these Terms;
12.6. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
12.7. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
12.8. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
12.9. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 9) or any right or ability to view, access, or use any Materials; or
12.10. attempt to do any of the acts described in this Section 12or assist or permit any person in engaging in any of the acts described in this Section 12.
13. Digital Millennium Copyright Act
13.1. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
SweetTea Cancer Connections
Attention: DMCA Compliance
PO Box 3154
Renton, WA 98056
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply with elements of notification as described in 17 U.S.C. §512.
13.2. Repeat Infringers. Sweet Tea will promptly terminate the accounts of users that are determined by Sweet Tea to be repeat infringers.
14. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 14, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
15. Term, Termination and Modification of the Service
15.1. Term. These Terms are effective beginning when you accept the Terms or first access or use the Service, and ending when terminated as described in Section 15.2.
15.2. Termination. If you violate any provision of these Terms, your account and these Terms automatically terminate. In addition, Sweet Tea may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at email@example.com
15.3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer have access to your account; (c) you must pay Sweet Tea any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 8.3, 9, 11, 15.3, 16, 17, 18, 19, and 20 will survive.
15.4. Modification of the Service. Sweet Tea reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Sweet Tea will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
16. Indemnity. You are responsible for your use of the Service, and you will defend and indemnify Sweet Tea and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Sweet Tea Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any claim by a participant that they relied on your advice obtained through the Service (as prohibited by these Terms) for any medical treatment decision; or (e) any dispute or issue between you and any third party. If a user brings a lawsuit against you based on advice you provided through the Service, Sweet Tea may, at our sole discretion, choose to defend you, provided that: (i) we determine the suit is frivolous; (ii) the claim arose only from your actions through the service and not due to any action taken by you outside the Service, or under any doctor-patient relationship established between you and a user; and (iii) you and the user did not have a pre-existing doctor-patient relationship prior to any interactions through the Service. Notwithstanding the foregoing, the decision of whether a suit is frivolous lies solely with Sweet Tea, and nothing in the preceding sentence guarantees that we will defend you against a given claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
17. Disclaimers; No Warranties.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SWEET TEA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SWEET TEA DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SWEET TEA DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR SWEET TEA ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SWEET TEA ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA.
HOWEVER, SWEET TEA DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT SWEET TEA IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
18. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SWEET TEA ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SWEET TEA ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 19.4(iii) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SWEET TEA ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO SWEET TEA FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
19. Dispute Resolution and Arbitration
19.1. Generally. In the interest of resolving disputes between you and Sweet Tea in the most expedient and cost effective manner, and except as described in Section 19.2, you and Sweet Tea agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SWEET TEA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
19.2. Exceptions. Despite the provisions of Section 19.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
19.3. Arbitrator. Any arbitration between you and Sweet Tea will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800- 778-7879, or by contacting Sweet Tea. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
19.4. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Sweet Tea's address for Notice is: Sweet Tea Cancer Connections, PO Box 3154 Renton, WA 98056. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Sweet Tea may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Sweet Tea must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Sweet Tea will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Sweet Tea in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
19.5. Fees. If you commence arbitration in accordance with these Terms, Sweet Tea will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in King County, Washington, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Sweet Tea for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
19.6. No Class Actions. YOU AND SWEET TEA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Sweet Tea agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
19.7. Modifications to this Arbitration Provision. If Sweet Tea makes any future change to this arbitration provision, other than a change to Sweet Tea's address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Sweet Tea's address for Notice of Arbitration, in which case your account with Sweet Tea will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
19.8. Enforceability. If Section 19.6 is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 20.1 will govern any action arising out of or related to these Terms.
20.1. Governing Law. These Terms are governed by the laws of the State of Washington without regard to conflict of law principles. You and Sweet Tea submit to the personal and exclusive jurisdiction of the state courts and federal courts located within King County, Washington for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Washington, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
20.2. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
20.3. Consent to Communications. By providing us with your contact information, you agree to receive communications, including via e-mail, voice calls, and text messages from or on behalf of Sweet Tea at the email address or telephone number you provided, even if that number is on a national or state ‘Do Not Call List’. These calls will be for informational purposes, such as to verify your account or provide you with help or information on using the Service. Standard text messaging and telephone minute charges applied by your cell phone carrier will apply. Sweet Tea may, without further notice or warning and in our discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training purposes and to protect our rights and the rights of others. IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You understand that you may continue to receive communications while Sweet Tea processes your opt-out request, and you may also receive a communication confirming the receipt of your opt-out request.
20.5. Contact Information. The Service is offered by Sweet Tea Cancer Connections, located at PO Box 3154 Renton, WA 98056. You may contact us by sending correspondence to that address or by emailing us at firstname.lastname@example.org. You can access a copy of these Terms by clicking here: https://coheals.com/terms-and-conditions
20.6. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S- 202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
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