WEBSITE APPLICATION TERMS OF USE
Know Medicine
Effective Date: 6/19/23
PLEASE NOTE: KNOW MEDICINE SERVICES ARE NOT FOR USE IN MEDICAL EMERGENCIES OR OTHER URGENT SITUATIONS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 988 for mental health or 911 for life threatening situations IMMEDIATELY.
Welcome to Know Medicine, PSC. These Terms of Use (“Terms”) govern your access to and use of the website at https://know-medicine.com/ (the “Website” and together with the Website, the “Services”) provided by Know Medicine (“Know Medicine”, “we”, “us” or “our”), and constitute a binding legal agreement between you (“you”, “your” or “User” refers to the individual that creates an account, and, as applicable, any other users of such individual’s account, such as the individual’s parents, guardians, caregivers or other users), as a user of the Website and/or Services for adherence, and us. For further information on policies governing the use of our technology platforms, please visit our website privacy policies.
NOTE THAT SECTION 20 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
By clicking “I Accept” or by accessing or using the Services, you agree to these Terms. If you do not agree with these Terms, including the mandatory arbitration provision and class action waiver in Section 21, you are not authorized to access or use the Website for any purpose.
- Services.
Know Medicine provides convenient and comprehensive virtual preventive care and addiction treatment management, including prescriptions. Advice for peer support, counseling, nutrition, exercise, and alternative therapies for opioid use disorder can be discussed. If the medication option decided upon requires in-person injections, this can be arranged.
- Privacy.
Federal and State law govern the confidentiality of medical information. Please read the privacy policy of Tebra EHR utlized by Know Medicine to understand how Know Medicine collects, uses, and discloses information through its Services. By accessing or using our Services, you agree that Know Medicine can collect, use and share such information in accordance with these privacy policy, which is hereby incorporated into these Terms by reference. We reserve the right to modify the privacy policy from time to time within applicable federal and state laws.
- Eligibility.
The Services are not targeted toward or intended for use by anyone under the age of 16. By using the Services, you represent and warrant that you (a) are 16 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (d) do not have more than one Know Medicine Account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
- User Accounts, Account Security, and Communication Preferences.
You may need to register for a Know Medicine Account (“Account”) to access some or all of our Services. You will be required to create a password and provide your name, email address, and phone number when you create an Account. If you register for an Account, you must provide accurate Account information and promptly update this information if it changes. You also must maintain the security of your Account and promptly notify us if you discover or suspect that someone has accessed your Account without your permission. You may designate another person involved with your care, called a “Caregiver”, to receive access to your Account. You understand that the Caregiver will be able to access your Account and all of the information in the Account, including the ability to download, print, email and provide access to the information to others. If you permit others to use your Account credentials, or if you designate a Caregiver, you are responsible for the activities of such users, including Caregivers, that occur in connection with your Account.
By creating an Account, you also consent to receive electronic communications from Know Medicine (e.g., via email, text message, or by posting notices to the Services). These communications may include operational notices about your Account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
- User Supplied Material.
Our Services may allow you to upload, store and share content, including messages, text, photos and other materials (collectively, "User Content"). Except for the license you grant below, as between you and Know Medicine, you retain all rights in and to your User Content.
In the event you choose to provide Know Medicine with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential, and nonproprietary. You hereby grant Know Medicine a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein.
Any User Content posted publicly or sent privately is the sole responsibility of the person that submitted it. Although Know Medicine reserves the right to review or remove all User Content on the Services, we do not necessarily review all of it. As such, we do not take responsibility for any User Content provided through the Services.
- Appropriate Use of the Services.
You agree to use the Services in accordance with all applicable local, state, national and foreign laws, treaties and regulations. You will not violate any contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services.
In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Services:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another User’s Account without authorization from that User and Know Medicine;
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
- Misrepresent your identity or provide Know Medicine with any false information in any information-collection portion of our Sites, App, or Services;
- Directly or indirectly authorize anyone else to take actions prohibited in these Terms of Use; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only upload or otherwise share User Content that you have all necessary rights to disclose. You may not upload, store or share any User Content that:
- is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- impersonates, or misrepresents your affiliation with, any person or entity;
- contains any private or personal information of a third party without such third party’s consent;
- contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Know Medicine or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
- Termination; Cancellation.
We may change the Services, and the Know Medicine Content (defined below) at any time. We may discontinue offering our Services, and we may suspend or terminate your right to use our Services at any time, in the event that you breach these Terms, for any other reason, or for no reason at all, in our sole discretion, and without prior notice to you.
All licenses and other rights granted to you by these Terms will immediately terminate upon termination of your right to use our Services or our termination of the Services. These Terms will survive and continue to apply after any suspension, termination, or cancellation, except that your access rights and other rights as a user will be suspended, terminated or canceled, respectively.
- Intellectual Property; Limited License.
The Services, and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Know Medicine Content”) are owned by or licensed to Know Medicine and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Know Medicine and our licensors reserve all rights in and to our Services and the Know Medicine Content.
Know Medicine hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services and the Know Medicine Content; provided, however, that such license is subject to these Terms and does not include any right to (a) sell, resell our Services and the Know Medicine Content; (b) copy, reproduce, distribute, publicly perform or publicly display Know Medicine Content, except as expressly permitted by us or our licensors; (c) modify the Know Medicine Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services and the Know Medicine Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services and the Know Medicine Content other than for their intended purposes. Any use of our Services and the Know Medicine Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
- Links to Third Parties.
The Services may include links to third-party websites, resources and advertisements (collectively, “Third-Party Sites”). We are not responsible or liable for the availability or accuracy of, and Know Medicine does not endorse, sponsor, or recommend any Third-Party Sites or the content, products, or services on or available from such Third-Party Sites. Your use of Third-Party Sites is at your own risk, and Know Medicine and its affiliates will not be liable for any of losses arising out of or relating to Third-Party Sites.
In addition, Third-Party Sites that may be accessed from, displayed on or linked to from the Website are not available in all languages or in all countries. Know Medicine makes no representation that such Third-Party Sites are appropriate or available for use in any particular location. To the extent you choose to access such Third-Party Sites, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Know Medicine reserves the right to change, suspend, remove, or disable access to any Third-Party Sites at any time without notice. In no event will Know Medicine be liable for the removal of or disabling of access to any such Third-Party Sites. Know Medicine may also impose limits on the use of or access to certain Third-Party Sites, in any case and without notice or liability.
- Information and Services Provided by Third-Party Electronic Health Record Systems
Know Medicin utlizes Tebra (https://learn.Tebra.com/) as its Electronic Health Record system. Any information and services provided by third-party electronic health record systems (“Third-Party EHRs”) on the Services are the sole responsibility of Third-Party EHRs. Know Medicine has no responsibility or liability for the information and services provided by Third-Party EHRs. Similarly, Third-Party EHRs have no responsibility or liability for the services provided by Know Medicine. Third-Party EHRs and Know Medicine have no agency, partnership, joint venture or employee-employer relationship intended or created by these Terms or any relationship between these Third-Party EHRs and Know Medicine.
Any information provided by Third-Party EHRs is designed to assist licensed healthcare practitioners in caring for Users and/or to serve Users viewing this service as a supplement to, and not a substitute for, the expertise, skill, knowledge and judgment of healthcare practitioners. Healthcare practitioners should use their professional judgment in using the information provided. Third-Party EHRs do not assume any responsibility for any aspect of healthcare administered with the aid of information the Third-Party EHRs provide.
- Software Updates
Know Medicine may from time to time, in its sole discretion (without obligation), develop and provide updates for our Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features (“Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Know Medicine has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Portions of the software may not properly operate if you do not install all Updates, so we encourage you to promptly install all Updates.
- Copyright Complaints
We have a policy of limiting access to our Services and terminating the Accounts of Users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Know Medicine’s Designated Agent as follows:
Designated Agent: Northwest Registered Agent
Address: 522 W Riverside Ave. Suite N Spokane, Washington 99201
Telephone Number: 509-768-2249
E-Mail Address: support@nortwestregisteredagent.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Know Medicine for certain costs and damages.
- Disclaimer of Warranties.
WHILE WE ENABLE USERS AND PRACTICE USERS TO COMMUNICATE WITH ONE ANOTHER, WE ARE NOT RESPONSIBLE FOR MONITORING SUCH INFORMATION AND COMMUNICATIONS, AND WE ARE NOT A PARTY TO TRANSACTIONS OR INTERACTIONS THAT MAY OCCUR BETWEEN USERS AND PRACTICE USERS, WHETHER ONLINE OR OFFLINE. IN ADDITION, WE ARE NOT RESPONSIBLE FOR AND WE EXPRESSLY DISCLAIM ALL LIABILITY THAT MAY RESULT FROM INFORMATION MADE AVAILABLE BY USERS AND PRACTICE USERS AND THE CONDUCT OF USERS AND PRACTICE USERS, WHETHER ONLINE OR OFFLINE. Know Medicine DOES NOT SPONSOR, ENDORSE, RECOMMEND OR APPROVE OF ANY PRACTICE USERS. ADDITIONALLY, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT ANY PRACTICE USER IS LICENSED, QUALIFIED, INSURED OR CAPABLE OF PERFORMING ANY PRODUCT OR SERVICE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE EXPERTISE, PROFESSIONAL QUALIFICATIONS, OR QUALITY OF WORK OF ANY PRACTICE USER, OR THE SUITABILITY, RELIABILITY OR ACCURACY OF THE PRODUCTS AND SERVICES THEY PROVIDE.
YOUR USE OF THE SERVICES AND Know Medicine CONTENT IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICES AND Know Medicine CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.
Know Medicine AND ITS LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND Know Medicine CONTENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY OUR SERVICES. Know Medicine MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO PRODUCTS AND SERVICES OFFERED BY PRACTICE USERS, AND Know Medicine SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY OR OTHER CHARACTERISTICS OF SUCH PRODUCTS AND SERVICES, OR WITH RESPECT TO THE CONDUCT OF ANY PRACTICE USER IN CONNECTION WITH SUCH SERVICES.
WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, (A) THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY Know Medicine CONTENT OR ITS APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES, OR (B) THAT THE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. OUR SERVICES AND Know Medicine CONTENT ARE DEVELOPED FOR USE IN THE UNITED STATES AND Know Medicine AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR Know Medicine CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.
NO ADVICE OR INFORMATION PROVIDED TO YOU BY Know Medicine WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
- Limitation of Liability.
IN NO EVENT WILL Know Medicine, Know Medicine’S LICENSORS, AFFILIATES, AND OUR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES, (COLLECTIVELY, “Know Medicine PARTIES”) BE LIABLE TO YOU FOR ANY DAMAGES WHAKnow MedicineEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DATA OR LOST PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES OR FROM THE CONDUCT OF YOU OR ANYONE ELSE (INCLUDING BUT NOT LIMITED TO BODILY INJURY, DEATH OR PROPERTY DAMAGE), WHETHER ONLINE OR OFFLINE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, OR THE Know Medicine CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT Know Medicine HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE Know Medicine CONTENT, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. IF THE FOREGOING IS NOT ENFORCEABLE AGAINST YOU, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF THE Know Medicine PARTIES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (I) THE AGGREGATE AMOUNT YOU PAID Know Medicine TO ACCESS OR USE THE SERVICES IN THE MOST RECENT TWELVE-MONTH PERIOD, OR (II) $50.
IN NO EVENT WILL THE Know Medicine PARTIES BE LIABLE FOR THE DISCLOSURE OF YOUR CONFIDENTIAL INFORMATION BY A PRACTICE USER FROM WHOM YOU RECEIVE HEALTH CARE SERVICES. Know Medicine IS NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF A PRACTICE USER PROVIDING HEALTH CARE SERVICES.
SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
- Indemnification.
You will indemnify, defend, and hold harmless the Know Medicine Parties from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
- your access to or use of the Services, or the Know Medicine Content;
- your User Content;
- your violation of any of the provisions of these Terms;
- any activity related to your registration by you or any other person accessing the Services through your Account, including, without limitation, negligent or wrongful conduct;
- your conduct in connection with our Services; or
- your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
Know Medicine reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- Release.
To the fullest extent permitted by applicable law, you release Know Medicine and the other Know Medicine Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 AS WELL AS ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
- Dispute Resolution; Binding Arbitration.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH Know Medicine AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Binding Arbitration.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 9 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Know Medicine agree (a) to waive your and Know Medicine’s respective rights to have any and all Disputes arising from or related to these Terms, or the Services, resolved in a court, and (b) to waive your and Know Medicine’s respective rights to a jury trial. Instead, you and Know Medicine agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
- No Class Arbitrations, Class Actions or Representative Actions.
You and Know Medicine agree that any Dispute arising out of or related to these Terms or the Services is personal to you and Know Medicine, and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Know Medicine agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Know Medicine agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. The arbitrator does not have the power to vary these class action waiver provisions.
- Federal Arbitration Act.
You and Know Medicine agree that these Terms affect interstate commerce and that the enforceability of this Section 20 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
- Notice; Informal Dispute Resolution.
You and Know Medicine agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Know Medicine shall be sent by certified mail or courier to PO Box 244 Atlanta, IL 61723. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Know Medicine Account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 5, and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Know Medicine cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Know Medicine may, as appropriate and in accordance with this Section 20, commence an arbitration proceeding or, to the extent specifically provided for in Section 20.1, file a claim in court.
- Process.
EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 9 OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND Know Medicine AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR Know Medicine WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND Know Medicine WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Know Medicine agree that (a) any arbitration will occur in the State of Illinois, Logan County, or in the county in which you reside, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Illinois and the United States, respectively, sitting in the State of Illinois, Logan County, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court. - Authority of Arbitrator
As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. Notwithstanding any other provision of this Section 20, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained in this Section 20, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.
- Rules of JAMS
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
- Severability
If any term, clause or provision of this Section 20 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 20 will remain valid and enforceable. Further, the waivers set forth in Section 20.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law. - Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by writing to: doc@know-medicine.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 21.
- Governing Law; Venue.
These Terms and our relationship with you will be governed by the laws of the State of Illinois, excluding its choice of laws rules. You and Know Medicine each irrevocably agrees that any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved on an individual basis exclusively in the U.S. District Court for Illinois, or the state courts located in Logan County. You and Know Medicine each irrevocably consents to the personal jurisdiction of these courts and waives any and all objections to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you and Know Medicine agree that Know Medicine may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
- Miscellaneous.
The Services may contain typographical errors or other inaccuracies and may not be complete or current. Know Medicine reserves the right, but does not have the obligation, to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. Know Medicine may refuse to provide Services that are based on inaccurate or erroneous information on the Services, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.
These Terms, along with any additional terms and conditions incorporated herein, constitute the entire agreement between you and us relating to our Services and the Know Medicine Content, replacing any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Services or the Know Medicine Content. If there is any conflict between the Terms and a separate signed written agreement between you and us relating to our Services or the Know Medicine Content, the signed written agreement will control.
We reserve the right to change our Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted to our Services. Your continued use of our Services will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the top of these Terms.
The failure by you or us to enforce any provision of the Terms will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of the Terms is invalid or unenforceable, then the invalid or unenforceable provision will be removed from the Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of the Terms will continue to be valid and enforceable. Nothing contained in these Terms will limit the ability of a party to seek an injunction or other equitable relief without posting any bond. The titles of the Sections of these Terms are for convenience only and will have no legal or contractual effect.
- Contacting Us.
We encourage you to contact us at 779-429-2227 or doc@know-medicine.com if you have any questions concerning our Terms.
