Last Updated: December 2024
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These Terms of Service ("Terms"), which include, without limitation, an agreement to arbitrate and a consent to electronic communications, govern your access and use of all of the services made available to you by or through Yura Health Technologies, Inc. ("YURA Health,", “YURA”, "we," "us," or "our"), including without limitation through our mobile application, and through any and all designated web addresses owned and operated by or through us, and including, without limitation, related services (altogether, such services are collectively referred to herein as the "Service(s)").
These Terms, including our Privacy Policy are the entire agreement between you ("you") and YURA Health with respect to your access to and use of the Service. By accessing or using the Service, you agree that you have read and understand these legal documents; If you do not agree, do not access or use the Service.
Acceptance of Terms and Agreement. These Terms, including our Privacy Policy, are the entire agreement between you ("you") and YURA Health with respect to your access to and use of the Service (collectively, these legal documents constitute the “Agreement”). Carefully read the Agreement before using the Service. Use of the Service indicates you have read, understand and accept the terms of the Agreement.
ARBITRATION NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. YOU HEREBY KNOWINGLY AND VOLUNTARILY AGREE THAT, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE SECTION ENTITLED “ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY” BELOW, ALL DISPUTES BETWEEN YOU AND YURA HEALTH WILL BE RETURNED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE THE RIGHT TO ASSERT ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS IN ANY COURT, EXCEPT AS EXPRESSLY PROVIDED BELOW. YOU ALSO KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU FURTHER ACKNOWLEDGE THAT YOU ARE ENTERING INTO THESE TERMS VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS WHATSOEVER EXCEPT THOSE CONTAINED IN THESE TERMS THEMSELVES.
THIS ARBITRATION NOTICE AND THE ARBITRATION AGREEMENT SET FORTH BELOW AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
Privacy Policy. We may collect certain information from your use of the Service as described in our Privacy Policy, which is incorporated into these Terms by this reference. Your use of the Service constitutes your consent to the information collection, use, and sharing as described in our Privacy Policy.
Modification of Terms/Agreement/Service. We reserve the right to modify these Terms and the Agreement at any time. All changes will be effective immediately upon posting to the Service and, by accessing or using the Service after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Service or otherwise communicated to you.
We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one or any part of the existing Services. Under no circumstances will YURA Health be liable for any suspension or discontinuation of any of the Services or portion thereof, and any use of new services will be governed by this Agreement.
Limited License. Provided you comply with these Terms, YURA Health grants you a limited, revocable, non transferable, non assignable, non sublicensable, nonexclusive license to access and use the Service in the United States solely for your own personal and noncommercial purposes.
Intellectual Property Rights. The Service, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of YURA Health or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to YURA Health or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Service may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as expressly described in these Terms, no licenses or other rights, express or implied, are granted by YURA Health to you under any patent, copyright, trademark, trade secret, or other intellectual property right of YURA Health.
Restrictions on Your Use of the Service; Compliance with Laws.
Your Account. You must be at least 18 years of age to use our Services or to create a YURA Health account. If you are using our Services on behalf of a minor, you represent and warrant that you are the parent or legal guardian of the minor and that all references to you in these Terms will apply to you on behalf of yourself, and of the minor. While you can request appointments with health care providers through the Service without creating a YURA Health account, you will be required to create an online YURA Health account in order to save your profile and to take advantage of other features of the Service, which may include without limitation the ability to save, store and access certain personal information including without limitation certain personal health information. You will be required to submit certain information in order to set up your account, including your mobile telephone number, which will be used to log in to your account via two-factor authentication with a one-time PIN provided by YURA Health to you via text message. In connection with setting up your account and continuing use of the Service, you authorize your wireless carrier to use or disclose information about your account and/or your wireless device, if available, to YURA and/or YURAs’ service provider in order to identify you or your wireless device. Please see Privacy Policy for how we treat your data.
You are responsible for maintaining the confidentiality of any information you use in connection with the Service, including those PINs. In connection with your access to and use of the Service and that of any person authorized by you to access and use the Service on your behalf, you are responsible for complying with all applicable laws, regulations and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. You warrant that all information you provide to YURA Health in connection with your access to and use of the Service is true, accurate, and complete to the best of your knowledge and belief. If you submit the personal information of any person other than yourself in setting up profiles in your account or otherwise in using the Service, you warrant that you have that person's permission to provide YURA Health with that information. YURA Health reserves the right, in its sole discretion, to terminate your use of the Service for any reason without notice or liability, including for the unauthorized use of your mobile telephone and the PINs provided by YURA Health and your breach of these Terms.
Consent to Electronic Communications
Text messages and emails from YURA Health. While necessary to create an online YURA Health account to generally search for or request appointments with health care providers, you will also be required to create an online YURA Health account and to provide us with your mobile telephone number to save your profile and take advantage of other Service features. By using the Service, you hereby agree to receive communications from YURA via email or text regarding the Service. Message and data rates may apply to texts. If you create an online YURA Health account, YURA Health will send you a verification email the first time you log in to your account for security reasons, which will be your password for that session; thereafter, you may have the option to continue to require a password to login each time.
YURA Health may send you text messages or emails pertaining to appointments that you have booked via the Service (e.g., appointment reminders and live waitlist updates) and any follow-up appointments, whether or not you have an online YURA Health account. We may also send you invitations via text message or email to review a health care provider that you have visited and other messages for business or marketing purposes, including messages regarding our Service.
You may choose to: a) stop receiving text messages from YURA by replying “STOP” to any text message you receive; and b) stop receiving marketing emails from YURA by clicking “unsubscribe” at the bottom of the email, but opting out of receiving text messages and/or emails may impact your ability to access and use your online YURA Health account and other offerings via the Service. Please be aware that if you choose to stop receiving certain marketing emails or text messages, you may still receive certain important non-marketing messages related to your appointments or about your YURA Health account.
Text and email messages from your health care providers. Health care providers using the Service may contact you via text messaging or email to remind you of an appointment and to provide general health/medication/insurance reminders and information and you hereby agree to receive such messages via text message or email.
By consenting to receive any electronic information from YURA or healthcare providers via text message or email, you understand these methods of communication may not be secure and there may be some level of risk that the information in the email or text message could be read by a third party or be otherwise subject to unauthorized access or use. You are advised not to share personal health information via insecure text message or insecure email.
YURA and health care providers using the Service to send messages are not responsible for unauthorized access of protected health information while in transmission to the individual based on the individual's request. Furthermore, YURA and health care providers are not responsible for safeguarding information once delivered to the patient. By agreeing to these terms, you agree to receive insecure text messages at your given phone number or any number forwarded or transferred to that number and to receive insecure emails. The consent to receive text messages or email will apply to all future appointment reminders/feedback/health/medication information and other communications unless you request YURA or the health care provider, as applicable, to stop sending the messages by replying "STOP" to a text message, unsubscribing from email, or other method designated by the health care provider or our Service. Please be aware that if you choose to stop receiving certain marketing emails or text messages, you may still receive certain important non-marketing messages related to your appointments or about your YURA Health account.
If you are not the intended recipient of any text messages or emails sent by YURA or the healthcare providers using the Service, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited and you should promptly delete this information. Also, if you are not the intended recipient to text messages please reply "STOP" to any such text messages you receive.
Risks of telehealth
You may be able to utilize and access certain telemedicine services offered by third party healthcare providers through the Services. YURA is not a healthcare provider, insurance provider, or a prescription fulfillment warehouse. In providing access to these telemedicine services, YURA’s role is limited to making certain telehealth related information available to you and/or facilitating your access to telemedicine services provided by health care providers through the YURA platform. YURA is not responsible for such healthcare providers’ acts or omissions, or for any content of your communications with them. YURA is independent of the healthcare providers and does not employ or otherwise exercise any control over the medical services provided by healthcare providers, regardless of whether they offer telemedicine services through the YURA Services or platform.
Telehealth, sometimes referred to as telemedicine, involves the delivery of health care services using electronic communications, information technology, or other means between a medical provider and a patient who are not in the same physical location. Telemedicine may be used for advice, diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to:
Telehealth services are not a substitute for in-person health care in all cases. As with any medical service, there are potential risks associated with the use of telehealth. These risks may include but are not limited to the following: data or information exchanged may be insufficient to allow for appropriate medical care or advice by the applicable healthcare provider; electronic transmission delays or errors may cause delays in your care and treatment; lack of or inadequate access to your applicable medical records or history may result in adverse drug interactions or other errors; and technology security protocol failures may result in insecure transmission or disclosure of personal health information.
By utilizing any Service involving telehealth, including without limitation any telehealth offered through YURA as defined below, you acknowledge that you understand the risks and benefits of telehealth, you have received adequate answers to any questions you have about the use of telehealth, and you consent to the use of telehealth in the delivery of these health care services to you through the Service.
YURA Services are Not Insurance. YURA is not an insurer. The Services do not constitute insurance products and amounts paid to YURA do not constitute insurance premiums.
Administrative Fees. When you access virtual or, if applicable, in person care through the special rates displayed via YURA or other similar offerings on the Service, YURA may process a separate payment from you, via the Service, which may include the following: (i) a portion of the payment attributable to the medical or healthcare service shall be paid to the applicable independent healthcare provider, (ii) a portion of your payment may be retained by YURA Health as an administrative fee associated with the costs of operating the YURA Service, and (iii) a portion of the fee may be paid to YURA Health’s payment processor.
You may have an opportunity to purchase additional services through the Service and if you do, the following shall apply:
Consent to Shared Account. Any profile set up under a YURA account, including without limitation a shared YURA Membership where applicable, may be viewed by other users under the same account or Membership, which may include records associated with your profile, including without limitation personally identifiable information and information pertaining to your health and healthcare. You hereby consent to sharing your account information and any associated records with those individuals who share your account or your YURA Membership. If you do not wish to share such information, do not add those individuals to your YURA account or YURA Membership and such individuals may create a separate YURA account or purchase a separate YURA Membership, as applicable, in accordance with the terms of the Agreement. If you are creating a YURA Membership, you may, unless otherwise indicated in the terms of the Membership offering, use such Membership only on your own behalf or on behalf of the allowable number of minor, unemancipated children for whom you are a parent or legal guardian.
Disclosure of Financial Relationships. Health care providers listed on the Service with whom you can schedule an appointment through the Service (by clicking a button or link displaying “Book now” or similar words) may pay us a fee for providing individuals the convenience of online appointment scheduling through the Service and for services related to administering such appointments.
Termination. YURA Health may terminate these Terms, including the limited license we grant you to use our Service, without notice if you breach these Terms, act in an abusive manner, or act in a manner inconsistent with local, state, or federal laws or regulations. Upon any termination of these Terms you must promptly cease accessing and using the Service and we may take action to prevent further breach by you, including without limitation suspending your access to or deleting your YURA Health account.
Appointment Availability. The availability of health care provider appointments that you can request through the Service may change at any time without notice to you. We endeavor to ensure that health care provider locations remain valid while they are listed on the Service, but these locations may change before our Service is updated. Healthcare provider services may not be available in your area.
Content you submit or create. You will have the opportunity to submit reviews and feedback regarding your experiences with health care providers you find through the Services, to submit inquiries concerning possible medical needs and to participate in the other interactive or community features of the Service (collectively, "Posted Information"). It is important that you act responsibly when providing Posted Information. You are responsible to ensure that you comply with all applicable laws and regulations when you provide Posted Information and you should not include any personal information, including without limitation personal health information, in such Posted Information. We reserve the right to, but do not have the duty to, investigate and, at our discretion, take appropriate legal action against anyone who violates these Terms, including without limitation, removing any offending communication from the Services and terminating the account of such violators or blocking your use of the Services. By posting Posted Information through the Service, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, to YURA and its contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information.
NO WARRANTY. THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND. YURA HEALTH MAKES COMMERCIALLY REASONABLE EFFORTS DESIGNED TO ENSURE THAT ALL DATA, INFORMATION, AND MATERIAL ON THE SERVICE IS ACCURATE AND RELIABLE, BUT ACCURACY CANNOT BE GUARANTEED. YURA HEALTH DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICE NOR ANY CONTENT THEREOF. YURA HEALTH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. YURA HEALTH IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SERVICE.
YURA HEALTH IS NOT A HEALTH CARE PROVIDER AND IS NOT A COVERED ENTITY UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND ANY REGULATIONS PROMULGATED THEREUNDER ("HIPAA"). TO THE EXTENT YURA HEALTH CREATES, RECEIVES, MAINTAINS, OR TRANSMITS PROTECTED HEALTH INFORMATION, AS THAT TERM IS DEFINED UNDER HIPAA, YURA HEALTH WILL ONLY ACCESS, USE, OR DISCLOSE PROTECTED HEALTH INFORMATION AS PERMITTED BY APPLICABLE FEDERAL AND STATE LAWS, INCLUDING HIPAA IF AND TO THE EXTENT APPLICABLE, AND PURSUANT TO ANY CONTRACTUAL OBLIGATIONS YURA HEALTH HAS WITH HEALTH CARE PROVIDERS, IF AND ONLY TO THE EXTENT THAT SUCH OBLIGATIONS ARE APPLICABLE TO THE PROTECTED HEALTH INFORMATION. YURA HEALTH IS NOT RESPONSIBLE FOR THE ACTIVITIES OR OMISSIONS OF HEALTH CARE PROVIDERS AS IT RELATES TO HOW THEY RETAIN, SECURE, USE, OR DISCLOSE PROTECTED HEALTH INFORMATION. YURA HEALTH AIMS TO PROVIDE YOU WITH ACCURATE AND UP-TO-DATE INFORMATION ABOUT AVAILABLE HEALTH CARE PROVIDERS IN YOUR AREA, AS WELL AS INFORMATION ABOUT YOUR INSURANCE SHOULD YOU UTILIZE THAT FUNCTION OF THE SERVICE; HOWEVER, YURA HEALTH DISCLAIMS ANY IMPLIED WARRANTY OR REPRESENTATION, AND MAKES NO GUARANTY, ABOUT THE ACCURACY OR COMPLETENESS OF HEALTH CARE PROVIDER INFORMATION OR INSURANCE INFORMATION ON THE SERVICE. ADDITIONALLY, THE MENTION OF A PARTICULAR HEALTH CARE PROVIDER ON THE SERVICE DOES NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY YURA HEALTH, AND THE RATINGS FOR EACH HEALTH CARE PROVIDER ARE AGGREGATED AND AVERAGED THROUGH PATIENT REVIEWS/FEEDBACK AND DO NOT REFLECT THE OPINIONS OF YURA HEALTH.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YURA HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE OR THE CONTENT THEREOF, INCLUDING THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NON INFRINGEMENT. YURA HEALTH HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SERVICE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SERVICE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM YURA HEALTH OR IN ANY MANNER FROM THE SERVICE CREATES ANY WARRANTY.
LIMITATION OF LIABILITY AND RELEASE. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL YURA HEALTH, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF OR INABILITY TO USE THE SERVICE (INCLUDING THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE SERVICE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF YURA HEALTH HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SERVICE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL YURA HEALTH'S LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AS MAY BE AMENDED), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR THE 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.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.
Indemnification. You will indemnify, defend, and hold harmless YURA Health, its affiliates, and its and their respective directors, officers, employees, representatives, consultants, agents, suppliers, and licensors from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, damages, expenses, and costs (including reasonable attorneys' fees) that arise out of or in connection with your access to or use of the Service, your misuse of any material, data, or other information downloaded or otherwise obtained from the Service, your appointment requests made through the Service, your violation of applicable laws or regulations, or your violation of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
Third-Party Web Sites. The Service may link to, or be linked to, web sites not maintained or controlled by YURA Health. Those links are provided as a convenience and YURA Health is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party web site or any products or services made available through those web sites. Please take care when leaving the Service to visit a third-party web site. We encourage you to read the terms of use and privacy policy for each web site that you visit.
Third-Party Partners. From time to time, the Service may also link to third-party partner (“Third Party Partners”) websites that are co-branded by YURA Health and third parties. Such web sites may allow you to purchase or access certain tests, products or services through such Third Party Partners or directly through us in conjunction with such Third Party Partners. In these instances, YURA Health may have certain financial arrangements or payments that we receive or make in connection with our collaboration with our Third Party Partners. In some circumstances, such financial or payment disclosures may be provided or accessible to you at the time of payment.
Health Care Services Disclaimer. We are not a medical or health care services provider or lab services provider and do not provide medical or health care or lab services or advice including, but not limited to, emergency or urgent medical services. None of the Service content (other than certain information you may receive directly from health care professionals) should be considered medical advice or an endorsement, representation or warranty that any particular treatment or medication is safe or effective, for you. YURA Health, Inc. does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by health care professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither YURA nor any third parties who promote the Service or provide you with a link to the Service shall be liable for any professional advice you obtain from a health care professional via the Service and are not responsible for any reliance or non-reliance on any information receive from your medical services or health care services provider through our Service.
Note to Covered Members of Health Plans. As part of the Service, we may offer you the ability to provide certain health plan information to us and the opportunity to view or access certain information available to YURA from third parties regarding applicable deductibles, co-pays, and other terms. This Service is offered by YURA as a convenience to you. Such information is not within YURA’s control, is subject to change at the discretion of the third party and YURA makes no representation regarding the completeness or accuracy of such information at any given time. You should not rely upon such information in your healthcare decisions, and you are encouraged to contact your health plan directly to confirm such information. To the extent you book and access medical services directly from a health care provider through our Service, it is your sole responsibility to work directly with the provider to determine if, whether and to what extent such medical services may be covered by your applicable insurance and YURA makes no representations or warranties in that regard, nor does it assume any responsibility for billing any insurer or health plan.
By agreeing to use the Services, you acknowledge and agree that you will be financially responsible for any medical services and products provided to you through YURA or its Third Party Partners, and YURA is not obligated to provide you with any information that may be necessary for you to seek reimbursement, if any, from any applicable health plan.
YURA Payments. YURA offers the option to users to make certain payments as designated on the Service from time to time, through our payment processing system included in the Service. Such payments may include, without limitation, (i) certain payments to health care providers, in amounts designated by the health care provider, for certain services that you may access or book through the Service, such as applicable co-pay or self-pay amounts owed by you to the health care provider, or (ii) other payments for products or services as designated from time to time on the Service. By utilizing this payment processing system through the Service, you agree that YURA or its payment processing service providers may charge the credit card that you provide through the Service for the amounts and the services designated at the time of purchase. The payment processing system on our Service is provided through Stripe, Inc. and/or its affiliates and is subject to their privacy policy which can be found here: https://stripe.com/privacy.
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read the following paragraphs carefully because they require you to arbitrate disputes with YURA Health and limit the manner in which you can seek relief from us. By agreeing to these Terms and using our Service, you understand that you would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide the case, to obtain certain types of damages not available in an arbitration (e.g., treble damages, punitive damages, etc.) and to participate in a class action or other proceeding involving multiple claimants, but you have instead chosen to have all Disputes (as defined below) decided through individual arbitration. The decision of the arbitrator will be final and binding, without any right of appeal.
Applicability. You agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, application, termination, enforcement, interpretation, scope, or validity of this Agreement (together, "Disputes") will be resolved by binding arbitration on an individual basis as described in these Terms (this "Arbitration Agreement"). For avoidance of doubt, the parties expressly agree that the arbitrator (and not a court) shall have the power to determine the validity and scope of this arbitration clause. Either party also may choose to take their claims to small claims court instead of to arbitration, provided the Dispute meets the requirements of the small claims court. In the event of any actual, alleged, or threatened violation of intellectual property rights, either party may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of either party to submit any claim seeking relief other than injunctive relief to arbitration. The arbitrator shall have no power to conduct class, mass, Private Attorney General or consolidated proceedings without the written consent of both parties. This Arbitration Agreement applies to you; YURA Health; YURA Health's affiliates; YURA Health's and its affiliates' respective directors, officers, employees, owners, agents, predecessors in interest, successors in interest, and assigns; authorized and unauthorized users or beneficiaries of the Service; and any third-party beneficiaries.
Class Action Waiver. You agree to not participate in a class action or class-wide arbitration for any claims covered by this Arbitration Agreement. You are waiving the ability to participate as a class representative or member in any class or collective claim you may have against us, including any right to class or collective arbitration or any consolidation of individual arbitrations.
Arbitrator. Before submitting any Dispute to arbitration, the parties shall first engage in an effort to settle such Dispute for a period of at least 30 days, to include one or more meet and confer meetings between them, via teleconference or videoconference, in a good faith effort to try to resolve informally any Dispute before it is filed. Arbitration proceedings will be administered by the American Arbitration Association ("AAA") before an arbitrator chosen by agreement of the parties. If the parties fail to reach agreement on the arbitrator within 30 days after service of the demand for arbitration, the arbitrator will be chosen by the AAA. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. Delaware substantive law shall apply, without regard for its conflict of law principles, except to the extent that it conflicts with the FAA, in which case the FAA shall apply. The arbitrator shall have the discretion to award all costs of arbitration, including all attorneys' fees, to the prevailing party.
Place. The place of arbitration will be Washington, DC, unless otherwise agreed to in writing by all parties to the arbitration or ordered by the sole arbitrator after consultation with the parties.
Federal Arbitration Act. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. Any and all actions taken under this Arbitration Agreement, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
Time Limitation on Claims. Arbitration proceedings must be initiated within one year after any Dispute arises; otherwise, the Dispute is permanently barred.
Discovery. Limited requests for non-privileged documents relevant to the dispute will be allowed, keeping in mind the reasonable need for the requested information, the amount in dispute, and the burdensomeness of the request on the opposing party. In any event, discovery mechanisms other than document requests, such as interrogatories, depositions, etc. shall not be permitted unless the parties agree in writing.
Severability. Any provision or part of this Arbitration Agreement deemed unenforceable by a court of competent jurisdiction or arbitrator may be severed, and the remainder of the Arbitration Agreement shall be given full force and effect.
Confidentiality. You and YURA Health agree that any arbitration proceedings initiated hereunder shall be kept in strict confidence, meaning that you and YURA Health agree not to disclose or cause to be disclosed to any third party the Dispute(s) to be arbitrated hereunder, or any of the underlying facts, circumstances, documents, and other materials relating to such Dispute(s), except as may be necessary in connection with a court application for injunctive relief, a judicial challenge to an award or its enforcement, or unless otherwise required by law.
Force Majeure. YURA Health will not be liable to you for any delay or other failure to perform under these Terms that is due to causes beyond YURA Health's control, including acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, and other extraordinary elements of nature.
Audit. YURA Health and its designated representatives may, at their expense, audit, examine, and make copies of data, documents, information, and other records in your possession or control that relate to or concern the Service in order to determine your compliance with these Terms.
Feedback. YURA Health welcomes comments regarding the Service. If you submit comments or feedback to us regarding the Service, they will not be considered or maintained as confidential. We may use any comments and feedback that you send us at our discretion and without attribution or compensation to you.
Governing Law. These Terms are governed by the laws of the state of Delaware, without regard for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Washington, DC, with respect to any dispute arising under these Terms unless otherwise determined by YURA Health in its sole discretion and the parties expressly agree to the exclusive jurisdiction of those courts.
Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.
Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you and YURA Health, except that our affiliates are third-party beneficiaries of these Terms.
Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding releases, indemnification, limitation of our liability, or arbitration) will continue in effect beyond any termination of these Terms or of your access to or use of the Service.
Interpretation. YURA Health's failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by YURA Health. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be considered severable from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms will inure to the benefit of YURA Health's successors and assigns.
Notices. All notices, consents, requests, demands, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: (i) upon delivery if personally delivered with fees prepaid, including by a recognized courier service; (ii) upon receipt if delivered by certified or registered United States mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, (iii) by electronic mail. Notices sent to YURA Health should be sent to prioritysupport@yurahealth.com. Where notices are sent to you, YURA Health shall use the contact information we have on file for you and associated with your account.
Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and YURA Health may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
Contact Us. Please direct any questions and concerns regarding these Terms to us by email at prioritysupport@yurahealth.com.
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