Terms Of Service
Last Updated: July 1, 2024
These Terms of Service (“Terms”) are an agreement between you and Travel Guard Services, LLC (“SafeGard,” “we,” “our,” or “us”). These Terms govern your use and access to SafeGard’s website, software, mobile application and services as accessed from time to time by you, regardless of if your use is in connection with an account or not (collectively, the “Services”).
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR MENTAL HEALTH CRISIS, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
MANDATORY ARBITRATION NOTICE: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION IN SECTION 13 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND SAFEGARD ARE EACH GIVING UP RIGHTS TO BRING CLAIMS AGAINST EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: WHILE THERE ARE IMPORTANT POINTS THROUGHOUT THESE TERMS, PLEASE NOTE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY ARE EXPLAINED IN SECTIONS 11 AND 12.
Please read these Terms carefully. By checking a box or clicking “I accept”, “I agree”, or similar when the option is presented to you, or by accessing or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by and comply with these Terms. If you do not or cannot agree with any part of these terms, you are not allowed to use the Services.
- Important Notices and Disclaimers
Your Relationship with Travel Guard Services, LLC. TRAVEL GUARD SERVICES, LLC IS NOT A HEALTHCARE PROVIDER. Travel Guard Services, LLC does not provide any medical services, including via the Services. Instead, Travel Guard Services, LLC provides a technology platform for you to access (1) services offered by pharmacies that contract with us, and (2) a licensed healthcare provider who is employed or contracted with one of the following independent professional entities: Travel Guard Care CA, P.C., Travel Guard Care PLLC, and Travel Guard Care NJ, LLC (collectively, the “Medical Group”). Travel Guard Services, LLC also provides non-clinical business support services to the Medical Group.
The decision to focus on diagnosis, treatment recommendations, or both, rests with you and your healthcare provider. You understand that by coordinating and consulting with the Medical Group or their healthcare providers through the Services, you are not entering into a provider-patient relationship with SafeGard.
Except for communications related to your specific health and wellness that you receive from the Medical Group or its healthcare providers, THE INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS CONSULT WITH YOUR HEALTHCARE PROVIDER REGARDING QUESTIONS YOU HAVE ABOUT ANY MEDICAL CONDITION BEFORE MAKING HEALTHCARE DECISIONS.
Changes to these Terms. We reserve the right to add or remove functionalities, content, or features, and we may suspend or stop the Services altogether with or without notice to you. We also reserve the right to review or remove any part of these Terms in our sole discretion at any time and without prior notice to you. You should check the Terms from time to time when you use the Services to determine if any changes have been made. Any changes to these Terms are effective upon posting to the Services unless applicable law requires us to provide additional notice or take other actions before such changes can become effective, in which case we will inform of changes using any reasonable means, including by posting those changes on the Service. The “Last Updated” legend at the end of these Terms indicates the date on which the Terms were last updated. If you disagree with these Terms, your sole and exclusive remedy is to discontinue your use of the Services. Your continued use after a change has been posted constitutes your acceptance of the changes.
Privacy. Please review our Privacy Notice available at https://www.sgtravelmed.com/privacy-policy/ for information about how we collect and use your information.
- Services Overview, Availability, and Eligibility
Overview of the Services. The Services may include (a) providing a means of access to a healthcare provider to receive travel medicine treatment services; (b) creating or obtaining healthcare records and healthcare information for the Medical Group for use in appointments and communications with healthcare providers and pharmacies that contract with us; and (c) administrative support in connection with coordinating telehealth and travel medicine services.
Availability. SafeGard is based in the United States. We provide the Services for use only by persons located in the United States. We make no claims or representations that the Services or any material included in the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and you are solely responsible for compliance with local laws, including export laws as applicable.
Eligibility. To qualify to use the Services, the following must be true, and by accessing or using the Services, you represent and warrant that they are true:
- You are age 18 or over or, if you are under age 18, your parent or legal guardian has created your account for you.
- you are located in a state where we operate (depending on the type of Services) and, if you receive telehealth services from a healthcare provider, you are physically located in the state you select in the Services or otherwise confirm to us or your healthcare provider as your current location at the time you receive such telehealth services.
- You agree to be legally bound by and comply with these Terms.
You understand and agree that satisfying the above requirements does not guarantee that you will receive Services. In addition to the above requirements, SafeGard and the Medical Group reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you. For example, you may not be eligible to receive certain Services due to health conditions you are experiencing or without the approval of an authorized professional.
- Registration and Account Creation
Although certain parts of the Services are accessible without creating an account, you must create an account to access and use other parts of the Services. You agree to provide information that is current, accurate, and complete, and to maintain and update such information. If you do not maintain such information, or we have reasonable grounds to suspect as much, we may suspend or terminate your account and your use of the Services. You agree to keep your username and password confidential. You may not transfer or share your password with anyone or create more than one account. You may not use anyone else’s account at any time. You are responsible for changing your password promptly if you think it has been compromised. You also agree to immediately notify us of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing us at support@sgtravelmed.com. You are responsible for all activities that occur under your account. We may take any actions we deem necessary or reasonable to maintain the security of the Services.
- Communication Preferences, Electronic Notices and Signatures
By creating an account and providing your phone number and email address, you consent to receive electronic communications from us (e.g., via email to the email address you provide, text message to a mobile phone number you provide, or by posting notices to the Services). These communications may include operational notices about your account (e.g., reminders, password changes and other transactional information) and are part of your relationship with us. You may incur data, call time or messaging charges from your communication providers in connection with communications from us or on our behalf. You may opt-out of text messages by following the instructions in the text message.
You acknowledge that text messages, phone calls and emails may be unencrypted and carry some risk that the information in the messages, including information about your health, could be read by an unauthorized person. You further acknowledge and agree that we cannot guarantee the security and confidentiality of the unencrypted communications that we send to you, and we are not responsible for any unauthorized access that occurs during or after the transmission of the communications to you.
You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing, and you consent and agree that your use of your finger, a keypad, mouse, or other device to select an item, button, icon, or similar act while using the Services, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures, or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. You should maintain copies of electronic communications from us by printing a paper copy, saving an electronic copy, or both. Further, you agree that no certification authority or other third-party verification is necessary to establish the validity of your electronic signature, and that the lack of such certification or third-party verification will not affect the enforceability of your signature or any resulting contract between you and us.
- Payments
No Insurance Accepted; Notice of Financial Responsibility. Travel Guard and the Medical Group do not accept commercial health insurance plans and are not enrolled with federal or state health care programs, such as Medicare and Medicaid. By choosing to use the Services, you are specifically choosing to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state health care program, and you are solely responsible for the costs of any services or products provided to you through the Services. If you are a federal health program beneficiary, you agree that neither you, Travel Guard, or the Medical Group will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services.
Payments. You agree to pay all fees at the rates and pursuant to any additional payment terms presented to you when engaging in transactions through the Services. Prices are subject to change at any point in our sole discretion. When you make a purchase, you may be asked to supply certain information relevant to the transaction, including, without limitation, your payment card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By entering your payment and other information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. If your credit card expires or Travel Guard, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. You are responsible for keeping your payment information (such as credit card number and billing address) accurate and up to date at all times.
YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH THE SERVICES, ALL SALES ARE FINAL AND ANY APPLICABLE FEES AND OTHER CHARGES, INCLUDING FEES FOR SUBSCRIPTION SERVICES, ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
We reserve the right to remedy customer issues and concerns on a case-by-case basis based on the facts and circumstances of each customer.
- Ownership and License to Use the Services
Ownership. As between you and us, we are the sole and exclusive owner of all right, title and interest in and to the Services and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel) (the “Services Content”), and any associated copyrights, patents, or other protected or unprotected intellectual property rights. You are not permitted to reproduce, publish, distribute, modify, reverse engineer, disassemble, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Services or Services Content except as permitted by these Terms or otherwise by us expressly in writing. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Services or Services Content shall be owned solely and exclusively by us or our licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Services or Services Content.
Marks. Certain names, logos, and other materials displayed in and through the Services may constitute trademarks, trade names, service marks or logos (“Marks”) of SafeGard or our affiliates, including the Medical Group. You are not authorized to use any such Marks without our express written permission. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
Your License. Subject to your compliance with these Terms, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Services and Services Content solely for your personal and non-commercial use and only as permitted under these Terms. No other right, title, or interest in or to the Services or Services Content is transferred to you, and all rights not expressly granted are reserved by us and our licensors.
Feedback. If you provide any Feedback to us in connection with the Services, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Feedback, in any format or media, and for any purpose. You acknowledge and agree that Feedback is not confidential, and that we are free to use any Feedback for any purpose. “Feedback” means ideas, concepts, feedback, and know-how that you make available to us in connection with the Services.
- Restrictions on Use
You agree that in using or accessing the Services, you will not, and will not attempt to:
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- Violate any local, state, national or international law (including export laws).
- Reverse engineer, disassemble, decompile, or translate any software or other components of the Services.
- Distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or the Services, or any other system, device, or property.
- Access or use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party.
- Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services.
- License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services, Service Content, or User Content other than as expressly permitted herein.
- Create or develop competing products or services or for any other purpose that is to our detriment or commercial disadvantage.
- Damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner the Services, Service Content, or User Content, in whole or in part.
- Use framing techniques to enclose any trademark, logo, or the Services without our express prior written consent.
- Post, transmit or otherwise disseminate any content that, as we determine at our sole discretion: (a) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, violent, demeaning, intimidating, discriminatory, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights, (b) is derogatory or harmful to our reputation, the reputation of our licensors, the Medical Group and healthcare providers, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (c) may incite violence or other unlawful activity; or (d) is harmful to children in any manner; or (e) attempts to obtain the personal information of other users.
- Harm, harass, threaten, abuse, defame, demean, discriminate against, or intimidate any affiliated healthcare provider who provides healthcare services related to the Services, as we determine in our sole discretion.
- Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the Services or any computer network.
- Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by us or any of our service providers to protect the Services.
- Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services or any Service Content or User Content.
- Use any manual process or automated device to monitor or copy any content made available on or through the Services for any unauthorized purpose except as permitted herein.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to SafeGard or third-party content from the Services.
- Otherwise use the Services in any manner that exceeds the scope of use granted herein.
- Encourage or enable any other individual to do any of the foregoing.
We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Third-Party Links and Features on the Services
The Services may contain hyperlinks to websites or services operated by third parties (“Third-Party Services”). Such Third-Party Services are not under our control, and we are not responsible for the information, products or services described by, or for the content or features of, any such Third-Party Services. We are providing these Third-Party Services to you only as a convenience, and the inclusion of any Third-Party Services does not necessarily imply endorsement of the Third-Party Services by us or any association with its operators. Your use of these Third-Party Services is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to Third-Party Services.
- Termination
We may terminate or suspend any of the rights granted by these Terms and your access to and use of the Services with or without prior notice, for any reason, and at any time, including for violations of these Terms. The following provisions, and any other provision which by its nature should survive termination, will survive the expiration or termination of these Terms for any reason whatsoever: Ownership and License to Use the Services; User Content; Feedback; Indemnification; Disclaimer of Warranties; Limitation of Liability; Governing Law, Dispute Resolution, Arbitration; and Miscellaneous Terms.
- Indemnification
You agree to indemnify, defend, and hold harmless SafeGard, its affiliates, the Medical Group, its subsidiaries, and all of their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from: (a) your use of the Services, or your use of the Services Content or other materials or features available on the Services, (b) your User Content, (c) your fraud, violation of law, negligence, or willful misconduct, or (d) your breach of these Terms.
- Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SAFEGARD AND ITS AFFILIATES, THE MEDICAL GROUP, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS, INCLUDING PROVIDERS (COLLECTIVELY, THE “SAFEGARD PARTIES”), MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SAFEGARD PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE SERVICES, SERVICES CONTENT, AND USER CONTENT. FURTHERMORE, THE SAFEGARD PARTIES DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND THE SAFEGARD PARTIES DISCLAIM ALL LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION, OR YOUR RELIANCE ON ANY SUCH CONTENT, MATERIAL, AND/OR INFORMATION.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SAFEGARD PARTIES BE LIABLE TO YOU OR TO ANY PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SERVICES OR ANY SERVICES CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. THIS IS TRUE EVEN IF THE SAFEGARD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN NO EVENT WILL THE SAFEGARD PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US FOR SERVICES DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as in this section. Accordingly, some of these limitations may not apply to you in their entirety. If you are a resident of a U.S. state that permits the exclusion of these warranties and liabilities, then the limitations in this section specifically do apply to you.
- Governing Law, Dispute Resolution, and Arbitration
IMPORTANT NOTE: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND SAFEGARD TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SAFEGARD. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS YOU AND SAFEGARD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Governing Law. These Terms and your use of the Services shall be governed by the laws of Florida, without giving effect to the principles of conflict of laws. Subject to the requirement to arbitrate set forth in this “Governing Law, Dispute Resolution, and Arbitration” section, exclusive jurisdiction for all disputes that do not require arbitration will be the state and federal courts located in Jacksonville, FL, and you consent to the jurisdiction of those courts.
Informal Dispute Resolution. You agree to first attempt to resolve any dispute, claim or controversy (whether involving contract, tort, equitable, statutory, or any other legal theory) with any of us arising out of or relating to these Terms or the Services (“Dispute”) informally by contacting office@sgtravelmed.com with a description of the Dispute. If we cannot resolve your Dispute informally within 30 days, you and we each agree to a dispute resolution process requiring individual arbitration as set forth in this section.
AGREEMENT TO ARBITRATE. You agree that any Disputes that you and any of us are unable to resolve informally will be settled by binding arbitration, except that each party retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at office@sgtravelmed.com or by regular mail to the address set forth in the “Contact Us” section below within thirty (30) days following the date you first accept these Terms, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (a) and (b) above. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you and we are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in Jacksonville, FL. All other claims will be arbitrated.
Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Governing Law; Dispute Resolution; Arbitration” section. (The AAA Rules are available at https://www.adr.org/Rules.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. The party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for Demand for Arbitration for California residents. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrators Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding anything to the contrary in these Terms, if we change this “Dispute Resolution” section after the date you accepted these Terms or access our Services, you may reject any such change by sending us written notice (including by email to office@sgtravelmed.com) within 30 days of the date such change became effective, as indicated in the “Effective Date” listed at the beginning of these Terms or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you accepted these Terms or accessed our Services.
No Class Actions. YOU AND WE AGREE THAT ANY OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise in writing, 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.
Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU WANT TO ASSERT A DISPUTE AGAINST US THAT IS SUBJECT TO ARBITRATION PURSUANT TO THESE TERMS, THEN YOU MUST COMMENCE SUCH DISPUTE BY DELIVERY OF A NOTICE OF ARBITRATION WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES, OR IT WILL BE FOREVER BARRED.
Severability. All parts of these Terms apply to the maximum extent permitted by law. You and we both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
- Notice Regarding Apple App Store.
By accessing or downloading our mobile application from the Apple App Store, you are agreeing to Apple’s Licensed Application End User License Agreement, available at: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/ (“Apple Terms”). These Terms govern if there is a conflict with the Apple Terms.
- Notice Regarding Google Play Store.
The section only applies to the extent you acquire our mobile application from the Google Play Store: (i) you acknowledge that these Terms of Service are between you and SafeGard only, and not with Google, Inc. (“Google”); (ii) your use of our mobile application must comply with Google’s then-current Google Play Terms of Service; (iii) Google is only a provider of Google Play where you obtained our mobile application; (iv) SafeGard, and not Google, is solely responsible for our mobile application; (v) Google has no obligation or liability to you with respect to our mobile application or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to our mobile application.
- Miscellaneous Terms
No waiver. No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
No agency relationship. Neither these Terms, nor any Services Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
Remedies. You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Assignment. You may not assign any of your rights under these Terms, and any such attempt will be null and void. We may, in our individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of our business is transferred to another entity by way of merger, sale of its assets, or otherwise.
Notice for California Users. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This release includes the criminal acts of others.
Headings. The heading references herein are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This is the entire agreement between you and us relating to the subject matter herein and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter.
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