Welcome to the Elektra Health™️ Website.
These TOU may change. Because your use of Elektra Health means that you agree to these TOU, if we revise and update these TOU, your continued use of Elektra Health, this Site and the Services will mean that you accept those changes. You choose whether or not you use Elektra Health. If you do not agree to all of these TOU, please do not use Elektra Health, this Site and the Services.
IF YOU HAVE, OR ARE HAVING, A MEDICAL EMERGENCY, YOU SHOULD CONTACT YOUR PHYSICIAN OR CALL 911, OR GO TO YOUR LOCAL EMERGENCY ROOM.
Please note that certain sections of the Site may be intended only for particular audiences such as health care professionals, patients and/or the general public. All Content including images, text documents, audio, video, and interactive media published on the Site is presented in summary form and is provided for informational purposes only. The Content is intended to help patients and medical providers better understand certain health conditions and treatment options. The Content is not intended in any way to be a substitute for professional medical advice and should not be interpreted as treatment recommendations. Only a qualified health provider who has established a provider-patient relationship and has had an opportunity to interact with the patient directly, with access to the patient’s records and the opportunity to conduct appropriate follow-up, can provide recommendations for treatment.
Always seek the advice of your qualified health provider with any questions you may have regarding a medical condition or prescription. Neither the Content nor any other Service offered by or through the Site is intended to be relied on for medical diagnosis or treatment without a qualified healthcare provider’s interaction and involvement. Never disregard medical advice or delay in seeking advice or treatment because of something you have read on the Site.
Neither Elektra Health, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any information or advice obtained via the Site or Service, nor any information obtained on the Site. Elektra Health does not recommend or endorse any specific tests, medications, products, or procedures. You acknowledge that your reliance on any information delivered via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
YOU AGREE THAT DISPUTES BETWEEN YOU AND ELEKTRA HEALTH WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW.
Prior to accessing the Services, you represent and warrant that you are at least eighteen years of age and possess the legal right and ability, to: (i) agree to these TOU; (ii) register for the Services under your own name; and provide true, accurate, current, and complete information on the registration form and to keep this information current and updated as needed; and (iii) use the Services in accordance with these TOU and abide by the obligations hereunder. You agree that you can only access the Services in those states where Elektra Health is currently offering access to the Services.
Authorization for Assignment of Benefits
If you are entitled to benefits under any insurance policy or other health benefit plan (“Health Plan”), in consideration of your receipt of the Services, you irrevocably assign, transfer and convey all rights and benefits payable under the Health Plan for Services rendered by Elektra Health and the Practice (as such term is hereinafter defined). You agree to cooperate with any efforts by Elektra Health to secure reimbursement for the Services provided. Further, you designate Elektra Health as your authorized representative. By this assignment and designation, you authorize payment to be made directly to Elektra Health and the Practice. You understand that this authorization and designation does not relieve you of financial responsibility for charges incurred by you. If your Health Plan sends to you payments for the Services, you are to immediately send those payments to Elektra Health. If you fail to do so, you will be responsible for those amounts, in full, as well as any associated cost-share, deductible, co-pay and/or co-insurance. In the event you overpay for the Services, you authorize Elektra Health to apply such overpayment to satisfy any outstanding charges you owe for the Services. This authorization does not include Health Plan payments made on your behalf. You further authorize and irrevocably assign to Elektra Health the following rights:
i. To communicate with your Health Plan, to request any adjustment to your Health Plan’s reimbursement of the Services provided, and to file any and all necessary claims, demands or appeals with your Health Plan arising from a denied, underpaid or misclassified claim;
ii. To demand and receive the production of, or access to, any documents and information, including, without limitation, any copies of Health Plan documents, coverage policies, guidelines and any other materials affecting the coverage and reimbursement of any Services provided to you, from any entity or person to the fullest extent of your rights to do so under applicable law;
iii. To bring legal action, if needed, in any forum against your Health Plan under applicable laws, including, without limitation, the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) and/or the Federal Employee Health Benefit Act, as amended;
iv. To recover benefits under the terms of your Health Plan, to enforce your rights under the terms of your Health Plan, or to clarify your rights to future benefits under the terms of your Health Plan;
v. To enjoin any act or practice which violates any provision of ERISA or the terms of your Health Plan, or to obtain other appropriate equitable relief to redress such violations or to enforce any provisions of ERISA or the terms of your Health Plan; and
vi. To recover the costs of pursuing such action, including, reasonable attorney fees, as permitted.
The foregoing designation and assignment of benefits and rights are without limitation and without reservation of any part or aspect thereof.
In addition to the foregoing authorization for assignment of benefits, by agreeing to use the Services, you acknowledge and agree that , to the extent the Services you use are NOT a “Covered Service” (as defined by your Health Plan)(“Non-Covered Services”) (i) you are explicitly choosing to obtain products and services on a cash basis outside of any federal or state healthcare program and you have sole financial responsibility for all Non-Covered Services provided to you, and (2) neither you nor Elektra Health nor the Practice will submit a claim for reimbursement to any federal or state healthcare program for the costs of such services and products provided to you through the Non-Covered Services.
Subject to any ability to refund as outlined herein, you agree that you will be charged for the Non-Covered Services, by providing a credit card or other payment method accepted by Elektra Health (“Payment Method”), and you are expressly agreeing that Elektra Health is authorized to charge to the Payment Method any fees for Non-Covered Services, together with any applicable taxes.
You agree that authorizations to charge your Payment Method remain in effect until you cancel it in writing by notification to Elektra Health at [email protected], and you agree to notify Elektra Health of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Non-Covered Services. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, Elektra Health may at its discretion attempt to process the charge again at any time within 30 days.
Membership Payment, Renewals and Cancellations. You agree that if you purchase a monthly membership (which is a Non-Covered Service), your Payment Method will be charged on the date of sign up, and will be automatically billed monthly thereafter. You agree that if you purchase an annual membership, your Payment Method will be charged on the date of sign up, and will be automatically billed annually thereafter.
Your Payment Method will be charged for the fees and taxes applicable to that period. To pause or cancel your membership anytime, or to change your Payment Method, please email [email protected]. Elektra Health will refund your Payment Method on a prorated basis through Stripe and it may take 5-10 business days.
If you register for a free trial for any of the Services, Elektra Health will make such Services available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered to use the applicable Service(s); (b) the start date of any subscription to such Service purchased by you for such Service(s); or (c) termination of the trial by us at our discretion. Trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Please review the applicable documentation during the trial period so that you are familiar with the features and functions of the Services under applicable options before you make your purchase.
Any data you enter into a service, and any configurations or customizations made to a service by or for you, during your free trial will be permanently lost unless you purchase a subscription to the same service as covered by the trial, purchase the applicable service, or export such service data, before the end of the trial period.
Elektra Health Online Questionnaire. You agree to: (i) fully, accurately and truthfully complete your Elektra Health Online Questionnaire or Intake Form; and (ii) prohibit anyone else from using your Elektra Health account employing information from your Elektra Health Online Questionnaire. You agree to provide accurate, current and complete information about yourself for your Elektra Health Online Questionnaire, and to periodically review and to update such information as needed to keep it accurate, current and complete. You agree to immediately notify Elektra Health of any actual or suspected unauthorized use of your Elektra Health account, profile or credentials or other security concerns of which you become aware.
Relationship with Practitioner. If you utilize telehealth services, you agree that you are entering into an agreement with Electra Health Medical, P.C., a New York professional service corporation, Electra Health Medical Mass, P.C., a Massachusetts professional service corporation, and/or Electra Women’s Health Medical, Inc., a Pennsylvania professional corporation (collectively, the “Practice”) which shall be a provider of professional medical services to you, which means, among other things, you are entering into a practitioner – patient relationship with the physician or licensed practitioner associated with the Practice (collectively, the “Practitioners”) that personally performs the Services. You understand and agree that Elektra Health is the provider of certain administrative services to the Practice and provides access to a technology platform in order to facilitate the Services between you and the Practice and the Practitioners. You acknowledge that Elektra Health does not provide professional medical services itself and the Elektra Health website is for informational purposes only. Elektra Health does not provide medical advice, diagnosis, or treatment.
Consent to Treatment Via Telehealth Services
You agree and consent to receive the Services provided by the Practitioners. In connection with the Services, you understand, acknowledge and agree to the following:
As a patient, you have the right to be informed about your condition and recommended care. This disclosure is to help you become better informed so that you may make the decision to give or withhold consent as to whether or not to undergo care having had the opportunity to discuss potential benefits and risks involved.
You consent to the treatment and care constituting the Services wherever rendered by the Practitioner (in office or via telehealth) and you intend for such consent to remain effective after a diagnosis by the Practitioner is made and treatment is recommended.
You hereby request and voluntarily consent to virtual examination and holistic care with treatment recommendations that may include a wide range of prescription, and over-the-counter medicines, including hormone replacement therapy, as appropriate (collectively, “Medications”), and vitamins, minerals and herbal remedies (collectively, “Supplements”), as recommended by the licensed medical doctors (M.D.), doctors of osteopathy (D. O.), naturopathic doctors (N.D.) and advanced practice professionals, including nurse practitioners (N.P.), and other appropriately trained and licensed personnel working through the Practice with which Elektra Health contracts.
The scope of care you receive from the Practitioner will be at the sole discretion of the Practitioner with no guarantee of diagnosis, treatment or prescription. The Practitioner will determine whether or not the condition being diagnosed and/or treated is appropriate for the Services. The Practitioner may decline to treat you with the Services if, based on the professional judgment of the Practitioner, you are not well-suited for the Services.
There are risks associated with the Services, including, but not limited to, the following: 1) loss of records from failure of electronic equipment; 2) power failures with loss of communication; and 3) invasion of electronic records by outsiders (hackers), understanding that it is impossible to list every possible risk.
You have the right to withhold or withdraw your consent to the Services at any time without affecting your right to future care or treatment. You have the right to discuss any treatment plan with the Practitioner, including the purpose, potential risks and benefits of any test, treatment or care plan.
You understand that, by having your consent to the Services, the Practitioner associated with the Practice may communicate medical information concerning you to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside the state/jurisdiction.
By acknowledging my consent to these TOU you understand and agree to the following:
I acknowledge and agree that at any time throughout my course of treatment, I can request further explanation of any Medications and/or Supplements (collectively, “Therapies”), other methods of treatment, and information about the material risks of the recommended Therapies and other treatments.
I understand that the U.S. Food and Drug Administration does not fully evaluate or approve some Supplements that may be recommended in my care, and that some Medications may be prescribed beyond FDA approved indications. I understand that, as with Medications, Supplements may be associated with side effects in certain sensitive individuals, may interact with certain Medications, or may cause symptoms due to certain pre-existing disease conditions. I do not expect my Practitioners to be able to anticipate and explain all risks and complications, and I wish to rely on my Practitioners to exercise judgment in recommending the Therapies and other treatments that my Practitioners feel at the time, based on the facts then known, are in my best interest. I understand that if I do not undertake the Therapies and other treatments as recommended, I may not get the desired result or may increase chances for an adverse effect.
I understand that it is my responsibility to keep my Practitioners up-to-date with all of the Medications, Supplements, and other drugs or other remedies that I currently am taking, so that my Practitioners can make the best informed recommendations for my care.
I have the opportunity to ask questions and discuss with my Practitioners to my satisfaction about:
- my suspected diagnosis or condition
- the nature, purpose, and potential benefit of the recommended Therapies and other treatments
- the inherent risks, complications, potential hazards, or side effects of the recommended Therapies and other treatments
- the probability or likelihood of success
- reasonable available alternatives to the recommended Therapies and other treatments
- the possible consequences if the recommended Therapies and other treatments are not followed and/or nothing is done
I further acknowledge that no guarantees or assurances have been made to me concerning the results intended from any recommended Therapies or other treatment.
I understand that the Practitioners of the Practice have been trained in a diverse range of diagnostic and therapeutic options, and offer treatment using evidence-based medicine, while including holistic principles. As such, they may: (a) recommend different tests, (b) interpret standard tests differently, and (c) propose different Therapies and other treatments than my other providers, as many perspectives exist in medicine, and in some cases there may be disagreements among qualified medical experts.
I understand that the Practitioners will provide services to me via telehealth. Telehealth is a mode of delivering health care services via communication technologies (e.g., internet or cell phone) to facilitate diagnosis, consultation, treatment, education, care management, and self-management of my care.
With respect to Telehealth services:
- I understand that the Practice offers Telehealth consultations, which are conducted through videoconferencing technology and my Practitioner will not be present in the room with me.
- I understand there are potential risks to the use of Telehealth technology, including but not limited to, interruptions, delays, unauthorized access, and or other technical difficulties. I understand that either my Practitioners or I can discontinue the Telehealth appointment if the technical connections are not adequate for my visit.
- I understand that I could seek an in-office visit for my care elsewhere, and I am choosing to participate in a Telehealth consultation with a Practitioner.
- To protect the confidentiality of my health information, I agree to undertake my Telehealth consultation in a private location, and I understand that my Practitioner will similarly be in a private location.
- I understand that my healthcare information may be shared by my Practitioner with others for treatment, scheduling or billing purposes, and as otherwise set forth in the Practice’s Notice of Privacy Practices.
- I understand that my Telehealth visit may be videotaped and reviewed for quality purposes.
- I understand I may have to check with my insurance plan to see if telehealth visits are covered.
- I further understand that I am responsible for payment of any amounts due and owing resulting from my Telehealth visit, including but not limited to co-pays, deductibles and/or amounts not covered by my health plan or any third-party payor.
- In an emergent situation, I understand that the responsibility of my Practitioner may be to direct me to emergency medical services, such as an emergency room.
I understand that my while the Practitioners may communicate with me through the Practice’s secure portal or electronic medical record, I also understand the Practitioners may contact me directly via any means of communication for which I provide contact information, including but not limited to email and text, and such messages may contain the results, reports, instructions and/or advice related to my diagnosis and/or treatment. I acknowledge that I am responsible for checking and responding to these messages, and I may not hold Elektra Health , the Practice, or any Practitioner liable for any injury, loss or claims resulting from my failure to read or respond to these messages or comply with the advice or instructions contained in a message from the Practice or any Practitioner. I acknowledge that email and text may not be secure means of communication, and that any such communications may be subject to intercept or other unwanted access or disclosure. Risks notwithstanding, I consent to the use of unsecure means of communications.
TO THE EXTENT PERMITTED BY LAW, BY SIGNING THIS AGREEMENT, I AGREE THAT MY RIGHT TO TRIAL BY A JURY OR A JUDGE IN A COURT WILL BE BARRED AS TO ANY DISPUTE RELATING TO INJURIES THAT MAY RESULT FROM NEGLIGENCE DURING MY CARE BY THE PRACTICE AND ITS PROVIDERS, AND WILL BE REPLACED BY AN ARBITRATION PROCEDURE.
I FURTHER AGREE THAT ANY CLAIMS THAT MAY ARISE OUT OF MY CARE WILL BE SUBMITTED TO AN ARBITRATOR, RATHER THAN TO A COURT FOR DETERMINATION. THE DECISION OF THE ARBITRATION PANEL WILL BE FINAL.
By accepting this form, I acknowledge I have carefully read, or have had read to me, and understand the above consent. I give my permission and consent to care, including Therapies and other treatments by the Practice and its Practitioners, as well as the videotaping of my visit, and I am fully aware of what I am signing. I intend this consent form to cover the entire course of care for my present condition and for any future condition(s) for which I seek Therapies or other treatment from the Practice.
Communications. You understand and agree that the Services involve the communication of your medical information, both via text or orally, to Practitioners located in other parts of the state/jurisdiction or outside of the state/jurisdiction. By accepting these TOU, you acknowledge and agree that, Elektra Health, the Practice and/or Practitioners may send you messages by SMS and/or through the electronic medical record, and emails regarding your diagnosis and/or treatment as well as information regarding perimenopause and menopause and general women’s health. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Elektra Health nor the Practice nor any Practitioner will be responsible in any way and you will not hold Elektra Health, the Practice or any Practitioner liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Practice or any Practitioner. You agree that all agreements, notices, disclosures and other communications that Elektra Health and the Practice provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided electronically are deemed to be given and received on the date either Elektra Health and/or the Practice transmits any such electronic communication as described in these TOU.
Please note that if you send us an email, the email will not necessarily be read or responded to by a Practitioner.
Consent to Audio and Video Recording
Adverse Technical Events. All information is transmitted over a medium which is beyond our control and jurisdiction. Accordingly, Elektra Health assumes no responsibility for, or relating to, delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Site or sites accessed through this site.
If you have any questions, please contact us at [email protected].
In connection with any payment transaction with your Payment Method, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Elektra Health without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies) for the purpose of facilitating the transaction.
Availability. You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described on the Site) to enable use of the Site, including, but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including Internet connection or mobile fees that you incur while using the Site. Elektra Health reserves the right to change the access configuration, including any software, hardware, or other requirements of the Site at any time without prior notice.
Not for Use Outside United States. Elektra Health makes no claims that materials on the Site are appropriate or may be downloaded for use in locations outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. Furthermore, our databases are located in the United States. If you access this website from outside the United States, you do so at your own risk. By sending us your data, you consent to its transfer to and storage within the United States. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.
Copyright and Trademarks. All Content included on the Site including, but not limited to, text, photographs, video, documents, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (the “Content”), in any form including the compilation thereof, are proprietary to Elektra Health and protected by U.S. and international copyright law and conventions. The Content includes both Content owned or controlled by Elektra Health and Content owned or controlled by third parties and licensed to Elektra Health. Subject to these TOU, Elektra Health grants you a limited non-transferable, revocable license to access and use the Site for your personal use.
Links to Other Websites. Elektra Health may provide links to third-party web sites. Elektra Health does not recommend and does not endorse the content on any third-party websites. Elektra Health is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements. Your use of third-party websites is at your own risk, and subject to the terms and conditions of use for such sites. Elektra Health does not endorse any product, service, or treatment advertised on the Site.
Third Party Products and Services and Elektra Health. In connection with the provision of the Services, Elektra Health, the Practice and/or any of the Practitioners may, from time to time, make a recommendation to you of a product or service from a third party unaffiliated with Elektra Health, the Practice and/or the Practitioner. Such third party product or service recommendation shall in no way be deemed an endorsement or guarantee by Elektra Health, the Practice and/or the Practitioner of such product or service and you agree to release and hold harmless Elektra Health, the Practice and/or the Practitioner from any and all claims you may have from the use of such third party product or service.
User Provided Content. Elektra Health may, in our sole discretion, permit you to post or submit content and other materials through the Services (collectively, “User-Provided Content”). You grant Elektra Health, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User-Provided Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for the purpose of providing the Services. Also, you grant Elektra Health, and anyone authorized by Elektra Health, the right to identify you as the author of any User-Provided Content submitted by you. You will not receive any compensation of any kind for the use of any User-Provided Content submitted by you.
Any use by you of the User-Provided Content is entirely at your own risk. You represent and warrant that any User-Provided Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or publicity rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the right to grant the license described above.
Unauthorized Use. Any use or attempted use of this Site: (1) for any unlawful, unauthorized, fraudulent or malicious purpose; (2) that could damage, disable, overburden, or impair the Site; (3) that could interfere with any other party’s use and enjoyment of the Site; (4) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means; or (5) for any other use other than the business purpose of which it was intended, is prohibited. Elektra Health reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. Elektra Health further reserves the right to monitor general use of the Site at any time as it deems appropriate and to remove any materials that may violate these TOU.
In addition, in connection with your use of the Site, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Elektra Health representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Site or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Site, or copy, download, distribute or reproduce any content or information on the Site; or (p) assist or permit any person in engaging in any of these activities; or (q) record, screenshot, nor distribute any Services or part of the Elektra Health site or events or interactions.
Indemnification. You agree to indemnify and hold harmless Elektra Health, its officers, directors, employees, agents, developers, vendors, affiliates, third party information providers, licensors and others involved in the development or the delivery of products, services or information over this Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising from any violation by you of these TOU or your use of the Site or any products, services or information obtained from the Site.
Disclaimers. ANY ACCESS OR USE OF THE SITE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. ELEKTRA HEALTH DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SITE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. ELEKTRA HEALTH DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SITE. ELEKTRA HEALTH DOES NOT WARRANT THAT THE SITE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, OR IMPERFECTIONS.
Limitation of Liability. IN NO EVENT SHALL ELEKTRA HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RESULTING FROM ACCESS TO, THE USE OR LOSS/INABILITY OF USE OF THIS SITE OR ANY OTHER SITE LINKED TO THIS SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENT OR CONDUCT OF ANY THIRD PARTY, ANY INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THIS SITE, ERRORS OR OMISSIONS IN THE CONTENT HEREOF, OR ANY OTHER MATTER RELATING TO YOUR USE OF OR ACCESS TO THIS SITE. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF ELEKTRA HEALTH TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).
YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST ELEKTRA HEALTH FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF THIS SITE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST ELEKTRA HEALTH ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OR YOUR USE OF THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
Binding Arbitration / Class Waiver
YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND ELEKTRA HEALTH ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO ELEKTRA HEALTH, INCLUDING, WITHOUT LIMITATION, CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TOU (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
Payment of arbitration costs will be governed by the AAA’s fee schedule. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
The arbitration shall be conducted in New York County, New York. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and Elektra Health agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in New York County, New York, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in New York County, New York, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in New York County, New York for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.
Governing Law and Jurisdiction. Accessing this Site or use of any of its content or services from locations where such access or use of its content or services is illegal is prohibited. Notwithstanding the laws of the location from which you access this Site, you agree that the statutes and laws of the State of New York, notwithstanding any principles or conflicts of law, will apply to all matters relating to the use of this Site. If any part of these Terms and Conditions are deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Entire Agreement. These TOU and any other agreements Elektra Health may post on the Site or that you and Elektra Health may execute from time to time constitute the entire agreement amongst Elektra Health, the Practice, the Practitioners and you in connection with your use of the Site and accessing the Services and supersede any prior agreements, including prior versions of these TOU.
Changes to these TOU
When we make changes, we will revise the “last modified” date at the bottom of this document. Elektra Health encourages you to review these TOU periodically. Your continued use of Elektra Health constitutes your agreement to the changed TOU.
Last modified: December 20, 2023