CONSENTAPATIENT® SUBSCRIBER AGREEMENT

 

Table of contents:

 

Registration as a subscriber; application of terms to you; your account

Licences

Billing, payment and other subscriptions

Online conduct

Third-party content

User generated content

Disclaimers; limitation of liability; no guarantees.

Amendments to this agreement

Term and termination

Applicable law/mediation/jurisdiction/Solicitor’s fees

Dispute resolution/binding arbitration/class action waiver

Miscellaneous

 

This consentapatient Subscriber Agreement ("Agreement") is a legal document that explains your rights and obligations as a subscriber of consentapatient from Bloomsbury Health Limited, a Company under the laws of England and Wales

 

Please read it carefully.

 

SECTION 11 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED. PLEASE READ IT.

 

1. REGISTRATION AS A SUBSCRIBER; APPLICATION OF TERMS TO YOU; YOUR ACCOUNT

 

consentapatient is an online service offered by Bloomsbury Health Limited.

 

You become a subscriber of consentapatient ("Subscriber") by completing the registration for a consentapatient user account. This Agreement takes effect as soon as you indicate your acceptance of these terms. You may not become a subscriber if you are not a healthcare professional. consentapatient is not intended for non-healthcare professionals.

 

Bloomsbury Health Limited will not knowingly collect personal information from users who are not healthcare professionals.

 

A. Contracting Party

 

For any interaction with consentapatient your contractual relationship is with Bloomsbury Health Limited. Except as otherwise indicated at the time of the transaction (such as in the case of purchases from another Subscriber in a Subscription Marketplace), any transactions for Subscriptions (as defined below) you make on consentapatient are being made from Bloomsbury Health Limited.

 

B. Subscriptions; Content and Services

 

As a Subscriber you may obtain access to certain services, software and content available to Subscribers. The consentapatient client software and any other software, content, and updates you download or access via consentapatient, including but not limited to Bloomsbury Health Limited or third-party software and in-subscription content are referred to in this Agreement as "Content and Services;" the rights to access and/or use any Content and Services accessible through consentapatient are referred to in this Agreement as "Subscriptions."

 

Each Subscription allows you to access particular Content and Services. Some Subscriptions may impose additional terms specific to that Subscription ("Subscription Terms") (for example, an end user licence agreement, or terms of use specific to a particular product or feature of consentapatient). Also, additional terms (for example, payment and billing procedures) may be posted on www.bloomsburyhealth.org/consentapatient-terms or within the consentapatient service ("Rules of Use"). Rules of Use include the consentapatient Online Conduct Rules www.bloomsburyhealth.org/consentapatient-terms and the consentapatient Refund Policy www.bloomsburyhealth.org/consentapatient-terms.
The Subscription Terms, the Rules of Use, and the Bloomsbury Health Limited Privacy Policy (which can be found at www.bloomsburyhealth.org/consentapatient-terms are binding on you once you indicate your acceptance of them or of this Agreement, or otherwise become bound by them as described in Section 8 (Amendments to this Agreement).

 

C. Your Account

 

When you complete consentapatient’s registration process, you create a consentapatient account ("Account"). Your Account may also include billing information you provide to Bloomsbury Health Limited for the purchase of Subscriptions, Content and Services. You may not reveal, share or otherwise allow others to use your password or Account except as otherwise specifically authorized by Bloomsbury Health Limited. You are responsible for the confidentiality of your login and password and for the security of your computer system. Bloomsbury Health Limited is not responsible for the use of your password and Account or for all of the communication and activity on consentapatient that results from use of your login name and password by you, or by any person to whom you may have intentionally or by negligence disclosed your login and/or password in violation of this confidentiality provision. Unless it results from Bloomsbury Health Limited’s negligence or fault, Bloomsbury Health Limited is not responsible for the use of your Account by a person who fraudulently used your login and password without your permission. If you believe that the confidentiality of your login and/or password may have been compromised, you must notify Bloomsbury Health Limited via help@bloomsburyhealth.org without any delay.

 

Your Account, including any information pertaining to it (e.g. contact information, billing information, Account history and Subscriptions, etc.), is strictly personal. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, or transfer any Subscriptions other than if and as expressly permitted by this Agreement (including any Subscription Terms or Rules of Use) or as otherwise specifically permitted by Bloomsbury Health Limited.

 

D. Payment Processing

 

Credit card payment processing related to Content and Services purchased on consentapatient is performed by Stripe Payments Europe, Ltd. on behalf of Bloomsbury Health Limited depending on the type of payment method used. For any other type of purchases, payment will be collected by Bloomsbury Health Limited Company directly. In any case, delivery of Content and Services is performed by Bloomsbury Health Limited Company.

 

2. LICENCES

 

A. General Content and Services Licence

 

Bloomsbury Health Limited hereby grants, and you accept, a non-exclusive licence and right, to use the Content and Services to seek and obtain consent from patients under your direct care. This licence ends upon termination of (a) this Agreement or (b) a Subscription that includes the licence. The Content and Services are licensed, not sold. Your licence confers no title or ownership in the Content and Services. To make use of the Content and Services, you must have a consentapatient Account.

 

For reasons that include, without limitation, system security, stability, and user interoperability, consentapatient may need to automatically update, pre-load, create new versions of or otherwise enhance the Content and Services and accordingly, the system requirements to use the Content and Services may change over time. You consent to such automatic updating. You understand that this Agreement (including applicable Subscription Terms) does not entitle you to future updates, new versions or other enhancements of the Content and Services associated with a particular Subscription, although Bloomsbury Health Limited may choose to provide such updates, etc. in its sole discretion.

 

B. Beta Software Licence

 

Bloomsbury Health Limited may from time to time make software accessible to you via consentapatient prior to the general commercial release of such software ("Beta Software"). You are not required to use Beta Software, but if Bloomsbury Health Limited offers it, you may elect to use it under the following terms. Beta Software will be deemed to consist of Content and Services, and each item of Beta Software provided will be deemed a Subscription for such Beta Software, with the following provisions specific to Beta Software:

 

Your right to use the Beta Software may be limited in time, and may be subject to additional Subscription Terms;

Bloomsbury Health Limited or any Bloomsbury Health Limited affiliate may request or require that you provide suggestions, feedback, or data regarding your use of the Beta Software, which will be deemed User Generated Content under Section 6 (User Generated Content) below; and

In addition to the waivers and limitations of liability for all Software under Section 7 (Disclaimers; Limitations on Liability; No Guarantees; Limited Warranty & Agreement) below as applicable, you specifically acknowledge that Beta Software is only released for testing and improvement purposes, in particular to provide Bloomsbury Health Limited with feedback on the quality and usability of the Beta Software, and therefore contains errors, is not final and may create incompatibilities or damage to your computer, data, and/or software. If you decide to use Beta Software, you shall only use it in compliance with its purposes, i.e. for testing and improvement purposes and in any case not on a system or for purposes where the malfunction of the Beta Software can cause any kind of damage.

 

 

F. Ownership of Content and Services

 

All title, ownership rights and intellectual property rights in and to the Content and Services and any and all copies thereof, are owned by Bloomsbury Health Limited. All rights are reserved, except as expressly stated herein. The Content and Services are protected by copyright laws, international copyright treaties and conventions and other laws. The Content and Services contain certain licenced materials and Bloomsbury Health Limited may protect their rights in the event of any violation of this Agreement.

 

G. Restrictions on Use of Content and Services

 

You may not use the Content and Services for any purpose other than the permitted access to consentapatient and your Subscription, and to make personal, non-commercial use of your Subscriptions, except as otherwise permitted by this Agreement or applicable Subscription Terms. Except as otherwise permitted under this Agreement (including any Subscription Terms or Rules of Use), or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Content and Services or any software accessed via consentapatient without the prior consent, in writing, of Bloomsbury Health Limited.

 

You are entitled to use the Content and Services for your own personal use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Content and Services to other parties in any way, nor to rent, lease or licence the Content and Services to others without the prior written consent of Bloomsbury Health Limited, except to the extent expressly permitted elsewhere in this Agreement (including any Subscription Terms or Rules of Use); (ii) host or provide matchmaking services for the Content and Services or emulate or redirect the communication protocols used by Bloomsbury Health Limited in any network feature of the Content and Services, through protocol emulation, tunnelling, modifying or adding components to the Content and Services, use of a utility program or any other techniques now known or hereafter developed, for any purpose without the prior written consent of Bloomsbury Health Limited; or (iii) exploit the Content and Services or any of its parts for any commercial purpose, except as expressly permitted elsewhere in this Agreement (including any Subscription Terms or Rules of Use).

 

3. BILLING, PAYMENT AND OTHER SUBSCRIPTIONS

 

All charges incurred on consentapatient are payable in advance and final, except as described in Sections 3.I and 7 below.

 

A. Payment Authorization

 

Bloomsbury Health Limited’s payment processor is Stripe Payments Europe, Ltd known as ‘The Payment Processor’.

 

When you provide payment information to The Payment Processor, you represent to Bloomsbury Health Limited that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize The Payment Processor to charge your credit card. Other fees incurred by you. Bloomsbury Health Limited may require you to provide your address or other information in order to meet its obligations under applicable tax law.

 

For Subscriptions purchased based on an agreed usage period, where recurring payments are made in exchange for continued use ("Recurring Payment Subscriptions"), by continuing to use the Recurring Payment Subscription you agree and reaffirm that The Payment Processor is authorized to charge your credit card or to process your payment for any applicable recurring payment amounts. If you have purchased any Recurring Payment Subscriptions, you agree to notify Bloomsbury Health Limited promptly of any changes to your credit card account number, its expiration date and/or your billing address, or your PayPal or other payment account number, and you agree to notify Bloomsbury Health Limited promptly if your credit card or PayPal or other payment account expires or is cancelled for any reason.

 

If your use of consentapatient is subject to any type of use or sales tax, then Bloomsbury Health Limited may also charge you for those taxes, in addition to the Subscription or other fees published in the Rules of Use. The European Union VAT ("VAT") tax amounts collected by Bloomsbury Health Limited reflect VAT due on the value of any Content and Services, or Subscription.

 

You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on game content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, Bloomsbury Health Limited may terminate your access to your Account.

 

B. Responsibility for Charges Associated With Your Account

 

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you. If you cancel your Account, The Payment Processor reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before Bloomsbury Health Limited will allow you to register again.

 

G. Free Subscriptions

 

In some cases, Bloomsbury Health Limited may offer a free Subscription to certain services, software and content. As with all Subscriptions, you are always responsible for any Internet service provider, telephone, and other connection fees that you may incur when using consentapatient, even when Bloomsbury Health Limited offers a free Subscription.

 

H. Third-Party Sites

 

consentapatient may provide links to other third-party sites. Some of these sites may charge separate fees, which are not included in and are in addition to any Subscription or other fees that you may pay to Bloomsbury Health Limited. consentapatient may also provide access to third-party vendors, who provide content or services on consentapatient or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Bloomsbury Health Limited makes no representations or warranties, either express or implied, regarding any third party site. In particular, Bloomsbury Health Limited makes no representation or warranty that any service or subscription offered via third-party vendors will not change or be suspended or terminated.

 

I. Refunds and Right of Withdrawal

 

Without prejudice to any statutory rights you may have, you can request a refund for your purchases on consentapatient in accordance with the terms of Bloomsbury Health Limited’s Refund Policy.

 

You can request a refund for any reason. Maybe you used consentapatient for an hour and just didn't like it.

 

It doesn't matter. Bloomsbury Health Limited will, upon request via help@bloomsburyhealth.org, issue a refund for any reason, if the request is made within two hours of purchase.

 

You will be issued a full refund within a week of approval. You will receive the refund through the same payment method you used to make the purchase.

 

Where Refunds Apply

Bloomsbury Health Limited offer refund, within two weeks of purchase

 

VIDEO CONTENT

We are unable to offer refunds for video content.

 

ABUSE

Refunds are designed to remove the risk from accidental purchase not as a method to obtain a free trial. If it appears that you are abusing a refund, we may stop it.

 

How to Request a Refund

You can request a refund or get other assistance with your purchase at help@bloomsburyhealth.org

 

4. ONLINE CONDUCT

 

Your online conduct and interaction with other Subscribers and Patients should be guided by common sense and basic etiquette.

 

You agree that you will not tamper with the execution of consentapatient or Content and Services unless otherwise authorized by Bloomsbury Health Limited. You acknowledge and agree that Bloomsbury Health Limited may terminate your Account or a particular Subscription for any conduct or activity that is illegal, or otherwise negatively affects consentapatient. You acknowledge that Bloomsbury Health Limited is not required to provide you notice before terminating your Subscription(s) and/or Account.

 

You may not use any other unauthorized third-party software, to modify or automate any software process of consentapatient.

 

5. THIRD-PARTY CONTENT AND TRANSLATION

 

In regard to all Subscriptions, Content and Services that are not authored by Bloomsbury Health Limited, Bloomsbury Health Limited does not screen such third-party content available on consentapatient or through other sources. Bloomsbury Health Limited assumes no responsibility or liability for such third party content.

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consentapatient provides translation powered by third party services. Bloomsbury Health disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and non infringement.

The service has been translated for your convenience using translation software. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users and are provided "as is." No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, refer to the English version of the website which is the official version.

 

6. USER GENERATED CONTENT

 

A. General Provisions

 

consentapatient provides interfaces and tools for you to be able to generate content and make it available to other users and/or to Bloomsbury Health Limited at your sole discretion. "User Generated Content" means any content you make available to other users through your use of multi-user features of consentapatient, or to Bloomsbury Health Limited or its affiliates through your use of the Library.

 

When you upload your content to consentapatient to make it available to other users and/or to Bloomsbury Health Limited, you grant Bloomsbury Health Limited and its affiliates the worldwide, exclusive right to use, reproduce, modify, create derivative works from, distribute, transmit, transcode, translate, broadcast, and otherwise communicate, and publicly display and publicly perform, your User Generated Content, and derivative works of your User Generated Content, for the purpose of the operation, distribution, in consentapatient as part of and promotion of the consentapatient service or other consentapatient offerings, including Subscriptions. This licence is granted to Bloomsbury Health Limited as the content is uploaded on consentapatient for the entire duration of the intellectual property rights. It may be terminated if Bloomsbury Health Limited is in breach of the licence and has not cured such breach within fourteen (14) days from receiving notice from you sent to the attention of the Bloomsbury Health Limited Legal Department at the applicable Bloomsbury Health Limited address noted on this Privacy Policy page. The termination of said licence does not affect the rights of any sub-licencees pursuant to any sub-licence granted by Bloomsbury Health Limited prior to termination of the licence. Bloomsbury Health Limited is the sole owner of the derivative works created by Bloomsbury Health Limited from your User Generated Content, and is therefore entitled to grant licences on these derivative works. If you use consentapatient cloud storage, you grant us a licence to store your information as part of that service. Bloomsbury Health Limited may place limits on the amount of storage you may use.

 

If you provide Bloomsbury Health Limited with any feedback or suggestions about consentapatient, the Content and Services, or any Bloomsbury Health Limited products, or services, Bloomsbury Health Limited is free to use the feedback or suggestions however it chooses, without any obligation to account to you.

 

B. Content Uploaded to the Consentapatient Library

 

consentpatient allows you to create User Generated Content and to submit that User Generated Content (a “Contribution”) to the consentapatient User Generated Content Library (UGCL). Contributions can be viewed or used by the consentapatient community. In some cases, Contributions may be considered for re-sale in the UGCL.

 

You understand and agree that Bloomsbury Health Limited is not obligated to use, distribute, or continue to distribute any Contribution and reserves the right, but not the obligation, to restrict or remove Contributions for any reason.

 

In particular, where Contributions are distributed for a fee, Specific Terms will address how revenue may be shared. Unless otherwise specified in Specific Terms (if any), the following general rules apply to Contributions.

 

Contributions are Subscriptions, and therefore you agree that any Subscriber receiving distribution of your Contribution will have the same rights to use your Contribution (and will be subject to the same restrictions) as are set out in this Agreement for any other Subscriptions.

 

Notwithstanding the licence described in Section 6.A., Bloomsbury Health Limited will only have the right to modify or create derivative works from your Contribution in the following cases: (a) Bloomsbury Health Limited may make modifications necessary to make your Contribution compatible with consentapatient and the Library functionality or user interface, and (b) Bloomsbury Health Limited or the applicable developer may make modifications to Contributions that are accepted for in-Application distribution as it deems necessary or desirable to enhance user experience.

You may, in your sole discretion, choose to remove your Contribution from the Library. If you do so, Bloomsbury Health Limited will no longer have the right to use, distribute, transmit, communicate, publicly display the Contribution, except that (a) Bloomsbury Health Limited may continue to exercise these rights for any Contribution that is accepted for distribution or distributed in a manner that allows it to be used in-application, and (b) your removal will not affect the rights of any Subscriber who has already obtained access to the Contribution.

Except where otherwise provided in Specific Terms, you agree that Bloomsbury Health Limited’s consideration of your Contribution is your full compensation, and you are not entitled to any other rights or compensation in connection with the rights granted to Bloomsbury Health Limited and to other Subscribers.

 

If your Contribution is a collaboration with Bloomsbury Health Limited media production team you will be credited according to our editorial discretion otherwise you are responsible to watermark any of your own Contributions which you upload to the UCGL. Contributions in collaboration with Bloomsbury Health Limited media production team may only be presented on Bloomsbury Health Limited's products and your own private practice website.

 

C. Promotions and Endorsements

 

If you use consentapatient services to promote or endorse a product, service or event you must clearly indicate the source of such consideration to your audience.

 

D. Representations and Warranties

 

You represent and warrant to us that you have sufficient rights in all User Generated Content to grant Bloomsbury Health Limited and other affected parties the licences described under A. and B. above. This includes, without limitation, any kind of intellectual property rights or other proprietary or personal rights affected by or included in the User Generated Content. In particular, with respect to Contributions, you represent and warrant that the Contribution was originally created by you (or, with respect to a Contribution to which others contributed besides you, by you and the other contributors, and in such case that you have the right to submit such Contribution on behalf of those other contributors).

 

You furthermore represent and warrant that the User Generated Content, your submission of that Content, and your granting of rights in that Content does not violate any applicable contract, law or regulation.

 

7. DISCLAIMERS; LIMITATION OF LIABILITY; NO GUARANTEES

 

Prior to acquiring a Subscription, you should consult the product information made available on consentapatient, including Subscription description, minimum technical requirements, and user reviews.

 

A. DISCLAIMERS

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To the maximum extent permitted by applicable law, Bloomsbury Health limited and its affiliates and service providers expressly disclaim (i) any warranty for consentapatient, the content and services, and the subscriptions, and (ii) any common law duties with regard to consentapatient, the content and services, and the subscriptions, including duties of lack of negligence and lack of workmanlike effort. consentapatient, the content and services, the subscriptions, and any information available in connection therewith are provided on an "as is" and "as available" basis, "with all faults" and without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Any warranty against infringement that may be provided is expressly disclaimed. Also, there is no warranty of title, non-interference with your enjoyment, or authority in connection with consentapatient, the content and services, the subscriptions, or information available in connection therewith.

 

Any warranty against infringement that may be provided is expressly disclaimed.

 

B. LIMITATION OF LIABILITY

 

To the maximum extent permitted by applicable law, neither Bloomsbury Health Limited, its licensors, nor their affiliates, nor any of Bloomsbury Health Limited’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use consentapatient, your account, your subscriptions and the content and services including, but not limited to, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. in no event will Bloomsbury Health Limited be liable for any indirect, incidental, consequential, special, punitive or exemplary damages, or any other damages arising out of or in any way connected with consentapatient, the content and services, the subscriptions, and any information available in connection therewith, or the delay or inability to use the content and services, subscriptions or any information, even in the event of Bloomsbury Health Limited’s or its affiliates’ fault, tort (including negligence), strict liability, or breach of Bloomsbury Health Limited’s warranty and even if it has been advised of the possibility of such damages. These limitations and liability exclusions apply even if any remedy fails to provide adequate recompense.

 

Some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, each of Bloomsbury Health Limited, its licensors, and its affiliates’ liability shall be limited to the full extent permitted by law.

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C. NO GUARANTEES

 

To the maximum extent permitted by applicable law, neither Bloomsbury Health Limited nor its affiliates guarantee continuous, error-free, virus-free or secure operation and access to consentapatient, the content and services, your account and/or your subscription(s) or any information available in connection therewith.

 

8. AMENDMENTS TO THIS AGREEMENT

 

A. Mutual Amendment

 

This Agreement may at any time be mutually amended by your explicit consent to changes proposed by Bloomsbury Health Limited.

 

B. Unilateral Amendment

 

Furthermore, Bloomsbury Health Limited may amend this Agreement (including any Subscription Terms or Rules of Use) unilaterally at any time in its sole discretion. In this case, you will be notified by e-mail of any amendment to this Agreement made by Bloomsbury Health Limited at least 30 (30) days before the effective date of the amendment. You can view the Agreement at any time at www.bloomsburyhealthhealth.org/consentapatient-terms. Your failure to cancel your Account prior to the effective date of the amendment will constitute your acceptance of the amended terms. If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or to cease use of the affected Subscription(s). Bloomsbury Health Limited shall not have any obligation to refund any fees that may have accrued to your Account before cancellation of your Account or cessation of use of any Subscription, nor shall Bloomsbury Health Limited have any obligation to prorate any fees in such circumstances.

 

9. TERM AND TERMINATION

 

A. Term

 

The term of this Agreement (the "Term") commences on the date you first indicate your acceptance of these terms, and will continue in effect until otherwise terminated in accordance with this Agreement.

 

B. Termination by You

 

You may cancel your Account at any time. You may cease use of a Subscription at any time or, if you choose, you may request that Bloomsbury Health Limited terminate your access to a Subscription. However, Subscriptions are not transferable. Access to Subscriptions purchased as a part of a pack or bundle cannot be terminated individually. Your cancellation of an Account, or your cessation of use of any Subscription or request that access to a Subscription be terminated, will not entitle you to any refund, including of any Subscription fees. Bloomsbury Health Limited reserves the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account or termination of your access to a particular Subscription.

 

C. Termination by Bloomsbury Health Limited

 

Bloomsbury Health Limited may cancel your Account or any particular Subscription(s) at any time in the event that (a) Bloomsbury Health Limited ceases providing such Subscriptions to similarly situated Subscribers generally, or (b) you breach any terms of this Agreement (including any Subscription Terms or Rules of Use). In the event that your Account or a particular Subscription is terminated or cancelled by Bloomsbury Health Limited for a violation of this Agreement or improper or illegal activity, no refund of any Subscription fees will be granted.

 

D. Survival of Terms

 

All sections will survive any expiration or termination of this Agreement.

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10. APPLICABLE LAW/MEDIATION/JURISDICTION/SOLICITORS’ FEES

 

In the event of a dispute relating to the interpretation, the performance or the validity of the Subscriber Agreement, an amicable solution will be sought before any legal action. You can file your complaint at help@bloomsburyhealth.org.

 

In the event that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.

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11. DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER

 

This Section 11 shall apply to the maximum extent permitted by applicable law.

 

Most user concerns can be resolved at help@bloomsburyhealth.org.

If Bloomsbury Health Limited is unable to resolve your concerns and a dispute remains between you and Bloomsbury Health Limited, this Section explains how the parties have agreed to resolve it.

 

A. Must Arbitrate All Claims Except IP, Unauthorized Use, Piracy, or Theft

 

You and Bloomsbury Health Limited agree to resolve all disputes and claims between us in individual binding arbitration. That includes, but is not limited to, any claims arising out of or relating to: (i) any aspect of the relationship between us; (ii) this agreement; or (iii) your use of consentapatient, your account, hardware or the content and services. It applies regardless of whether such claims are based in contract, tort, statute, fraud, unfair competition, misrepresentation or any other legal theory, and includes all claims brought on behalf of another party.

 

However, this Section 11 does not apply to the following types of claims or disputes, which you or Bloomsbury Health Limited may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy, or theft.

 

This Section 11 does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.

 

An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. You understand that you and Bloomsbury Health Limited are giving up the right to sue in court and to have a trial before a judge or jury.

 

B. Try to Resolve Dispute Informally First

 

You and Bloomsbury Health Limited agree to make reasonable, good faith efforts to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and Bloomsbury Health Limited do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or Bloomsbury Health Limited may commence an arbitration. Written notice to Bloomsbury Health Limited must be sent via consentapatient@bloomsburyhealth.org

 

C. Arbitration Rules and Fees

 

Bloomsbury Health Limited will select a neutral arbitration provider. It may be conducted through the submission of documents, by phone, or email.

 

If you seek £7,000 or less, Bloomsbury Health Limited agrees to promptly reimburse your filing fee and your share if any of arbitration costs, including arbitrator compensation, unless the arbitrator determines your claims are frivolous or were filed for harassment. Bloomsbury Health Limited agrees not to seek its Solicitors’ fees or costs unless the arbitrator determines your claims are frivolous or were filed for harassment. If you seek more than £7,000 the arbitration costs, including arbitrator compensation, will be split between you and Bloomsbury Health Limited

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D. Individual Binding Arbitration Only

 

You and Bloomsbury Health Limited agree not to bring or participate in a class or representative action, private solicitor general action, whistle blower action, or class, collective, or representative arbitration. The Arbitrator may award relief only in favor of the individual party seeking relief and only to the extent of that party’s individual claim. You and Bloomsbury Health Limited also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.

 

This Agreement does not permit class, collective, or representative arbitration. A court has exclusive authority to rule on any assertion that it does.

 

E. What Happens if Part of Section 11 Is Found Illegal or Unenforceable

 

If any part of Section 11 (Dispute Resolution/Binding Arbitration/Class Action Waiver) is found to be illegal or unenforceable, the rest will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class, collective, or representative arbitration, all of Section 11 will be unenforceable and the claim or dispute will be resolved in court.

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12. MISCELLANEOUS

 

Except as otherwise expressly set forth in this Agreement, in the event that any provision of this Agreement shall be held by an arbitrator, court, or other tribunal of competent jurisdiction to be illegal or unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect. Section 11.E. governs if some parts of Section 11 (Dispute Resolution/Binding Arbitration/Class Action Waiver) are held to be illegal or unenforceable. This Agreement, including any Subscription Terms, Rules of Use, the Bloomsbury Health Limited Privacy Policy, and the Bloomsbury Health Limited Hardware Limited Warranty Policy, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.

 

Bloomsbury Health Limited’s obligations are subject to existing laws and legal process and Bloomsbury Health Limited may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.

 

This Agreement was last updated on 30th March, 2021 ("Revision Date"). If you were a Subscriber before the Revision Date, it replaces your existing agreement with Bloomsbury Health Limited on the day that it becomes effective according to Section 8 above.