PatientProtect
Effective Date: 9/18/2009 | Last Updated: 4/1/2026
Welcome, and thank you for your interest in PatientProtect.
These Terms of Use ("Terms") apply to your use of the PatientProtect supplemental protection program, and all associated mobile applications, software, digital tools, and services (collectively, the "Services"), including our website at patientprotect.com (the "Site"). These Terms form a legally binding agreement between you and PatientProtect., a Florida corporation ("PatientProtect," "we," "us," or "our"). By using our Services, you agree to these Terms.
- PatientProtect may provide Services to you in connection with your individual health plan or employer-sponsored benefits program and/or health plan ("Plan"). If so, the terms of your Plan may also apply and may control in the event of conflict with these Terms.
- Our Privacy Policy explains how we collect, use, and share personal information.
- PatientProtect program-specific terms are incorporated by reference and form part of these Terms. In the event of conflict, PatientProtect program documentation controls for PatientProtect benefits.
IMPORTANT NOTICE: PLEASE REVIEW THIS AGREEMENT CAREFULLY. THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER AS DESCRIBED IN SECTION 15.
Important Notice: Healthcare Pricing Information
PatientProtect provides healthcare cost transparency tools and consumer guidance. Cost estimates, quality data, and provider information displayed through the Services are for informational purposes only and do not represent guarantees of actual charges, coverage determinations, or clinical recommendations. Actual costs will vary based on your individual insurance coverage, provider-specific factors, procedure complexity, and other variables.
Table of Contents
- General Terms
- Your Relationship with PatientProtect
- PatientProtect Program Terms
- General Payment Terms
- Privacy Policy
- Intellectual Property
- Third-Party Terms
- User Submissions
- Communications
- Prohibited Conduct
- Acceptable Use Policy
- Term, Termination, and Modification of the Services
- Exclusions and Limitations of Liability
- Service-Specific Terms
- Dispute Resolution and Arbitration
- Miscellaneous
Contact Information
1. General Terms
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING, ACCESSING, OR CONTINUING TO USE THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS. BY AGREEING TO THESE TERMS, YOU REPRESENT AND WARRANT THAT: (A) YOU ARE AT LEAST 18 YEARS OLD; (B) YOU HAVE NOT PREVIOUSLY BEEN SUSPENDED OR REMOVED FROM THE SERVICES; AND (C) YOUR REGISTRATION AND USE OF THE SERVICES COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE, PLEASE DO NOT ACCESS OR USE THE SERVICES.
You acknowledge and agree that:
- Certain communications with PatientProtect staff, personal health advocates, and support teams (including telephone calls and in-app chats) may be monitored or recorded for quality assurance, training, and compliance purposes, with notice as required by law (Consent to Recording).
- You must not misrepresent your identity or impersonate another person in connection with account registration or use of the Services (Identity Assurance).
- Some features may not function on outdated browsers, operating systems, or devices, and you are responsible for maintaining compatible hardware and software (Minimum System Requirements).
PatientProtect reserves the right to change these Terms from time to time. If we make a material adverse change, we will provide prior notice unless precluded by legal, regulatory, privacy, or security considerations. Your continued use of the Services after modified Terms are posted constitutes acceptance of the revised Terms.
2. Your Relationship with PatientProtect
PatientProtect's Services provide you with access to healthcare cost transparency information, provider quality data, care navigation assistance, and tools to help you understand and optimize your healthcare choices and benefits — all to support you in making informed health and care decisions. The information and tools made available through our Services are for informational and navigational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment.
a. No Practice of Medicine
PatientProtect does not practice medicine or any other licensed healthcare profession. Our Services enable you to research healthcare costs, compare providers, understand your benefits, and navigate the healthcare system — but PatientProtect itself does not directly or indirectly provide medical advice, care, diagnosis, or treatment. The decision to pursue any particular diagnosis, treatment, procedure, or provider rests with you and your healthcare practitioner. You understand that by using the Services, you are not entering into a doctor-patient relationship with PatientProtect.
b. No Emergency Services
The Services should not be used during a medical emergency. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR PROCEED TO YOUR NEAREST EMERGENCY ROOM IMMEDIATELY. The Services are not intended to support or carry messages to emergency services. You acknowledge that it is your responsibility to maintain alternate means to contact emergency services. Do not delay seeking emergency care because of information you have reviewed on the Services.
c. No Insurance, Indemnity, or Underwriting of Benefits
PatientProtect is not an insurer, third-party administrator, or underwriter of health care benefits. PatientProtect does not collect insurance premiums, process insurance claims or appeals, or pay provider claims. PatientProtect is not responsible for determining whether any procedure or service is covered under your health plan, or for making eligibility or coverage determinations. Coverage and eligibility questions must be directed to your health plan or benefits administrator.
PatientProtect is a supplemental financial protection program, not health insurance. It does not replace or supplement any minimum essential coverage requirement and should not be represented or relied upon as such.
d. Healthcare Cost Information: Informational Use Only
Cost estimates, fair price benchmarks, provider pricing data, and quality ratings made available through patientprotect.com are derived from a combination of proprietary data analytics, publicly available claims data, third-party data sources, and consumer-reported information. While PatientProtect strives to provide accurate and current information, such information is provided on an "AS IS," "WHERE IS," and "WITH ALL FAULTS" basis. PatientProtect makes no representation or warranty as to the accuracy, completeness, timeliness, or reliability of any cost or quality information. Actual costs will vary based on your specific insurance plan, deductible status, coinsurance, provider contracts, geographic region, procedure complexity, and other factors. Your reliance on any cost information provided through the Services is solely at your own risk.
e. No Representations or Warranties Regarding Providers
The inclusion of healthcare providers, facilities, or systems in the Services is based on publicly available data and information provided to PatientProtect by third parties and is not intended as a verification of credentials, qualifications, licensure status, or clinical abilities of any provider. PatientProtect does not employ, refer, recommend, or endorse any healthcare provider. PatientProtect is not responsible for ensuring that provider information is accurate or current, or that healthcare services are provided to any particular standard of quality. PatientProtect shall in no event be liable to you for any decision made or action taken in reliance on provider information available through the Services.
f. No Control Over Providers or Outcomes
PatientProtect does not control the actions of any healthcare provider, facility, or health plan. PatientProtect is not responsible for the acts, omissions, errors, or outcomes of any healthcare provider you select through or in connection with the Services beyond those which are covered under our CareGuarantee Program.
g. No Maintenance of Medical Records
PatientProtect does not maintain medical records on your behalf as a primary business function. PatientProtect may receive limited health information as permitted by applicable law to facilitate Services, including PatientProtect program administration. Such information is handled in accordance with our Privacy Policy and applicable law.
h. No Duty to Monitor Communications
PatientProtect is not responsible for monitoring messages, notifications, or benefit information sent through the Services on your behalf. You agree that you will not hold PatientProtect liable for any loss, injury, or claim resulting from your failure to read or act upon communications made available to you through the Services.
i. Non-Discrimination
The Services and any incentives available in connection with the Services are intended to be offered in a non-discriminatory manner. You acknowledge and agree that the Services will not be made available to you in any manner that discriminates based on any health factor, as required by applicable law.
j. Accounts and Registration
To access most features of the Services, you must register for an account and provide accurate information about yourself. You agree to keep your account information accurate and current. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you believe your account has been compromised, you must immediately notify us at support@patientprotect.com.
k. Minors
The Services are intended for individuals 18 years of age or older. If you are a parent or legal guardian who has registered an account on behalf of a covered dependent minor, you agree to be fully responsible for that minor's use of the Services and to act only within the scope of your legal authority to do so.
3. PatientProtect Program Terms
This Section 3 applies if you are enrolled in or receiving benefits through the PatientProtect program.
a. Program Description
PatientProtect is a supplemental financial protection program and healthcare transparency and cost comparison platform that empowers patients, employers, and health plans to make informed decisions about healthcare services. Our PatientProtect program extends these services to provide personalized patient advocacy, cost protection, and healthcare navigation support. PatientProtect is not health insurance, does not pay healthcare provider claims, and does not constitute minimum essential coverage under the Affordable Care Act.
b. Eligibility and Enrollment
Membership is open to individuals who are 18 years of age or older and reside in a jurisdiction where the service is legally available. By enrolling, you represent that all information provided during registration is accurate, complete, and current. Eligibility is subject to verification at any time, and PatientProtect reserves the right to suspend or terminate access for any member who does not meet eligibility requirements. Certain features or benefits may be subject to additional eligibility criteria as specified at the time of enrollment. PatientProtect reserves the right to modify eligibility requirements at its sole discretion, with notice provided to existing members as required by applicable law.
c. Participant Obligations
By enrolling in and using PatientProtect, you agree to:
Provide accurate and truthful information about yourself, your health plan coverage, and the medical procedure for which you seek PatientProtect benefits;
Follow all pre- and post-procedure instructions provided by your healthcare providers, as failure to do so may affect coverage;
Notify PatientProtect of any changes in your insurance coverage that may affect your PatientProtect eligibility;
Submit benefit claims in accordance with the program documentation and within applicable claim filing deadlines;
Treat all PatientProtect representatives with respect.
d. No Guarantee of Benefits
Membership in PatientProtect provides access to available programs, resources, and services, but does not guarantee any specific outcome, benefit, or result. The availability of benefits may vary based on your location, eligibility, plan type, and other factors outside of PatientProtect's control. PatientProtect is not responsible for any failure to receive benefits resulting from inaccurate information provided by the member, changes in third-party provider participation, or circumstances beyond our reasonable control. Nothing in these Terms of Use should be construed as a promise or guarantee of coverage, payment, or access to any specific product or service. PatientProtect reserves the right to modify, suspend, or discontinue any benefit or program at any time, with reasonable notice provided where required.
e. Coordination with Health Plan
If applicable, PatientProtect is intended to supplement, not replace, your primary health insurance coverage. You agree to maintain other required health insurance coverage as required by your employer, plan, or applicable law.
4. General Payment Terms
Certain features of the Services may require payment of fees. All fees will be disclosed before you are charged. All fees are in U.S. Dollars.
Pricing. PatientProtect reserves the right to determine and modify pricing for Services features. Any fee changes will be communicated with advance notice before becoming effective.
Third-Party Charges. Additional charges from third-party service providers may apply and are subject to those parties' terms and conditions.
Authorization. By providing a payment method, you authorize PatientProtect to charge all applicable fees and taxes to that payment method.
Non-Refundable. Except as expressly stated in writing or as required by applicable law, all fees paid are non-refundable. PatientProtect may, in its sole discretion, offer credits or refunds on a case-by-case basis.
Payment Processing. PatientProtect uses third-party payment processors. PatientProtect is not liable for damages resulting from unauthorized access to your payment information by third parties beyond our reasonable control.
5. Privacy Policy
Our Privacy Policy explains how PatientProtect collects, uses, and shares your personal information and protected health information. By accessing or using the Services, you acknowledge that PatientProtect will use your data in accordance with the Privacy Policy. If you enroll in PatientProtect and provide health information in connection with a benefit claim, that information will be handled in accordance with our Privacy Policy and applicable law, including HIPAA where applicable.
6. Intellectual Property
a. Limited License
Subject to your complete and ongoing compliance with these Terms, PatientProtect grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial use.
b. License Restrictions
You may not: (a) reproduce, distribute, publicly display, or publicly perform the Services or any Content; (b) make modifications to the Services or Content; (c) interfere with or circumvent any security or access control features; or (d) use the Services for any commercial purpose without PatientProtect's prior written consent.
c. Feedback
Any suggestions, enhancement requests, or feedback you provide regarding the Services ("Feedback") shall become the sole property of PatientProtect, and PatientProtect may use such Feedback for any purpose without acknowledgment or compensation to you.
d. Trademarks
The PatientProtect name and logo, the PatientProtect name and branding, and all related marks are the exclusive property of PatientProtect. Nothing in the Services grants you any right to use any of these marks without prior written permission. Unauthorized use may violate trademark and other laws.
e. Ownership of Materials
The Services and all Content — including visual interfaces, graphics, design, data compilations, cost databases, provider ratings, software, and all other elements — are owned and operated by PatientProtect and are protected by intellectual property law. All rights not expressly granted are reserved.
f. DMCA Copyright Infringement
PatientProtect respects intellectual property rights. If you believe your copyrighted work has been infringed through the Services, please send a written notification to our designated Copyright Agent that includes:
- A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to be infringed;
- Identification of the allegedly infringing material and its location on the Services;
- Your contact information;
- A statement of good faith belief that the use is not authorized; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Send DMCA notices to:
PatientProtect, Inc. — Copyright Agent
Legal Notices: legal@patientprotect.com
Mailing Address: PatientProtect, Inc.
13 Palafox Place, Suite 200
Pensacola, FL 32502
7. Third-Party Terms
Third-Party Content. PatientProtect has no editorial control over content provided by third-party data sources, providers, or users. Third-party content reflects the views of the respective source and not those of PatientProtect. PatientProtect does not represent or warrant the accuracy, reliability, or currency of any third-party content.
Third-Party Services and Linked Websites. The Services may contain links to or integrations with third-party websites or services not owned by PatientProtect. PatientProtect is not responsible for the content, privacy practices, or accuracy of third-party sites and you access them at your own risk.
Third-Party Interactions. Your dealings with third parties — including healthcare providers, health plans, and other entities — accessed through or in connection with the Services are solely between you and those parties. PatientProtect is not responsible for any loss or damage arising from such dealings.
8. User Submissions
- The Services may allow you to submit reviews, ratings, comments, or other content ("User Submissions"). User Submissions must comply with these Terms and applicable law. By submitting User Submissions, you grant PatientProtect a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, display, distribute, and create derivative works from your User Submissions for any purpose related to operating and improving the Services.
- You represent and warrant that your User Submissions are accurate, do not violate these Terms or applicable law, and do not infringe any third-party rights. You acknowledge that PatientProtect may remove or refuse any User Submission at any time in its sole discretion.
- User Submissions must not contain: false provider or cost information, defamatory or harassing content, personal health information of third parties without consent, personally identifiable information about other individuals, or any content that violates applicable law. PatientProtect may monitor and record interactions for quality assurance, training, and service improvement purposes.
9. Communications
a. Electronic Consent
By registering or using the Services, you consent to receive electronic communications from PatientProtect, including legal notices, account updates, benefit information, and service-related messages. You agree that electronic communications satisfy any legal requirement that communications be in writing.
b. Text Message (SMS) Program
We may send you SMS/text messages when you provide prior express consent at registration, in your notification settings, or in other communications with us. By opting in, you agree to receive text messages at the number provided, which may include operational messages, appointment reminders, PatientProtect benefit updates, and program information. Message and data rates may apply. To opt out, reply STOP to any text message. Reply HELP for assistance. We do not guarantee delivery and are not responsible for delayed or undelivered messages.
c. Push Notifications
If you install a PatientProtect mobile application, you may receive push notifications to the extent permitted by your device settings. You may manage notification preferences within the application settings.
d. Email
We may send you email communications regarding your account, PatientProtect program, Services updates, and, if permitted, promotional information. You may opt out of promotional emails at any time by following the unsubscribe instructions. You will continue to receive service-critical and account-related communications.
e. Telephone
With your prior express consent, we may contact you by telephone regarding your account, PatientProtect benefits, or available Services. You may update your communication preferences through your account settings. You consent to calls being recorded for quality assurance purposes.
10. Prohibited Conduct
BY USING THE SERVICES, YOU AGREE NOT TO:
- Use the Services for any illegal purpose or in violation of any local, state, national, or international law;
- Harass, threaten, demean, or otherwise harm any PatientProtect staff member, healthcare provider, or other user;
- Submit false, fraudulent, or misleading information, including false eligibility information or fraudulent PatientProtect benefit claims;
- Interfere with security-related features of the Services, including by attempting to disable, circumvent, or reverse-engineer any security mechanism;
- Introduce viruses, malware, spyware, or other harmful code;
- Use automated tools (robots, scrapers, spiders) to access or harvest content from the Services without prior written consent;
- Impersonate PatientProtect, any employee, or any other person or entity;
- Sell, transfer, or assign your account or access rights to any third party;
- Collect personally identifiable information about other users;
- Use the Services to advertise or solicit commercial business from other users;
- Take any action that damages, disables, overburdens, or impairs the Services or interferes with other users' access.
- PatientProtect reserves the right to suspend or terminate access to the Services for any violation of this Section.
11. Acceptable Use Policy
PatientProtect encourages users to engage with our content and community responsibly. If the Services include any social media integration, community features, or user forums, you agree that your posts and submissions must not:
- Contain defamatory, harassing, abusive, threatening, obscene, or otherwise objectionable content;
- Include private health or financial information about any third party without their explicit consent;
- Infringe the intellectual property rights of any third party;
- Contain viruses or other harmful code;
- Include unsolicited advertising, spam, chain letters, or pyramid schemes;
- Impersonate any person or entity or misrepresent your affiliation.
PatientProtect reserves the right to monitor, edit, remove, or block any content or user that violates this policy, without notice and without liability.
12. Term, Termination, and Modification of the Services
Term. These Terms are effective when you accept them or first access the Services and continue until terminated.
- Termination by You. You may terminate your account at any time by contacting support@patientprotect.com or through your account settings.
- Termination by PatientProtect. PatientProtect may, at its sole discretion, suspend or terminate your account and access to the Services at any time, for any reason or no reason, with or without notice. Termination may occur immediately upon violation of these Terms.
- Effect of Termination. Upon termination: (a) your license to use the Services ends immediately; (b) you must cease all use of the Services; (c) any outstanding payment obligations survive; and (d) provisions that by their nature should survive termination — including intellectual property rights, indemnification, disclaimers, limitation of liability, and dispute resolution — shall survive.
- Modification of Services. PatientProtect may modify, suspend, or discontinue the Services or any feature at any time, with or without notice. PatientProtect will not be liable to you for any such modification, suspension, or discontinuation.
13. Exclusions and Limitations of Liability
a. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless PatientProtect and its officers, directors, employees, affiliates, subsidiaries, agents, licensors, and service providers (the "PatientProtect Entities") from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees, arising out of or connected with: (a) your unauthorized or improper use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; (d) any inaccurate or false information you provide; or (e) any dispute between you and a third party arising from your use of the Services.
b. Disclaimers; No Warranties
THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS," "WHERE IS," "WITH ALL FAULTS," AND ON AN "AS AVAILABLE" BASIS. THE PATIENTPROTECT ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
COST ESTIMATES AND PROVIDER INFORMATION ARE NOT GUARANTEES. PATIENTPROTECT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
c. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE PATIENTPROTECT ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF THE PATIENTPROTECT ENTITIES TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU HAVE PAID TO PATIENTPROTECT IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).
14. Service-Specific Terms
a. Patientprotect.com Cost Transparency Platform
The cost transparency tools on patientprotect.com aggregate and display pricing data for healthcare procedures and services. This data is sourced from a combination of publicly available data, consumer-reported data, insurer data, and third-party analytics. Prices displayed are estimates only and do not represent: (i) a quote or contract for services; (ii) a guarantee of insurance coverage or reimbursement; or (iii) clinical advice regarding the appropriateness of any procedure. PatientProtect makes no warranty that the pricing data is complete, current, or applicable to your specific situation.
b. PatientProtect
PatientProtect program benefits, eligibility requirements, covered procedures, benefit amounts, claim filing procedures, and exclusions are governed by your PatientProtect program documentation. In the event of any conflict between these Terms and PatientProtect program documentation, the program documentation controls solely with respect to benefit determination and administration. PatientProtect reserves the right to modify PatientProtect program terms with notice to enrolled members as required by applicable law.
15. Dispute Resolution and Arbitration
a. Parties
"Company" includes PatientProtect, Inc. and its affiliated entities, officers, directors, employees, agents, and successors. "You" or "Member" means any individual who uses the Services or is enrolled in PatientProtect, including any person whose claim is derived through or on behalf of such individual.
b. Informal Resolution
Before initiating formal proceedings, you agree to first contact PatientProtect in writing at legal@patientprotect.com with a description of the dispute and proposed resolution. The parties will make good faith efforts to resolve the dispute informally within sixty (60) days.
c. Binding Arbitration
IF INFORMAL RESOLUTION FAILS, YOU AND PATIENTPROTECT AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, PATIENTPROTECT, OR ANY RELATED TRANSACTIONS — WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, OR ANY OTHER LEGAL THEORY — SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION. ANY DISPUTES BETWEEN THE PARTIES WILL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. YOU AND PATIENTPROTECT EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION.
d. Arbitration Procedure
Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. AAA Rules are available at www.adr.org or by calling 1-800-778-7879. Arbitration will be conducted by a single arbitrator in the county of your residence (or by telephone or written submission for claims under $10,000, at your election). The Federal Arbitration Act governs interpretation and enforcement of this arbitration agreement. The laws of the State of [State] govern the merits of any dispute.
e. Arbitrator Selection
The arbitrator shall be a retired state or federal judge or an attorney with at least ten (10) years of experience in healthcare, consumer, or commercial matters. The parties shall cooperate in good faith to select an arbitrator; if they cannot agree, the AAA shall appoint one.
f. Class Action Waiver
YOU AND PATIENTPROTECT MUTUALLY AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. AN ARBITRATOR SHALL HAVE NO AUTHORITY TO HEAR OR ARBITRATE ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THIS CLASS ACTION WAIVER IS AN ESSENTIAL PART OF THIS AGREEMENT.
g. Fees and Venue
Each party will pay its own attorneys' fees, subject to any remedies available under applicable law. In all cases required by law, PatientProtect will pay arbitrator and arbitration fees. If the parties cannot agree on a location, arbitration shall take place in Escambia County, Florida.
h. Exceptions
Either party may bring individual claims in small claims court. Either party may seek injunctive or equitable relief in a court of law to protect intellectual property rights or prevent imminent harm pending arbitration.
i. Opt-Out
If you do not wish to resolve disputes by binding arbitration, you may opt out within thirty (30) days of first agreeing to these Terms by sending written notice to: PatientProtect, Inc., Attention: Legal Department — Arbitration Opt-Out, 13 Palafox Place, Suite 200, Pensacola, FL 32502. Your opt-out notice must include your full name, account email, and a statement that you wish to opt out of arbitration. Opting out does not affect your other rights or obligations under these Terms.
j. Survival
This Section 15 will survive termination of these Terms and your relationship with PatientProtect.
16. Miscellaneous
- Entire Agreement. These Terms, together with the Privacy Policy and any applicable PatientProtect program documentation, constitute the entire agreement between you and PatientProtect regarding the Services.
- Governing Law. These Terms are governed by the laws of the State of Florida] without regard to conflict of law principles. For any matter not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state and federal courts of Escambia, Florida.
- Severability. If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to be enforceable.
- Waiver. PatientProtect's failure to enforce any right or provision of these Terms shall not constitute a waiver.
- Assignment. PatientProtect may assign its rights and obligations under these Terms at any time. You may not assign any rights under these Terms without prior written consent.
- Statute of Limitations. Any claim arising from your use of the Services must be filed within one (1) year after the cause of action accrues.
- Electronic Communications Consent. By using the Services, you consent to receiving certain electronic communications and agree that any notices sent to you electronically satisfy any legal writing requirement.
- International Use. The Services are intended for individuals located in the United States only. Access from outside the United States is at your own risk and subject to local laws.
- California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by telephone at (800) 952-5210.
- No Support Obligation. PatientProtect is under no obligation to provide technical support for the Services unless stated in a separate support agreement.
- Language. These Terms are in English. In the event of conflict between any translated version and the English version, the English version controls.
Changes to Our Terms of Use
PatientProtect may update these Terms at any time. Material changes will be communicated by posting a revised version with an updated effective date and, for registered users, by email notification. If we make a material adverse change, we will provide advance notice unless precluded by legal, regulatory, or other considerations. Your continued use of the Services after any update constitutes your acceptance of the revised Terms. Disputes will be resolved under the version of these Terms in effect at the time the dispute arose.
Contact Information
If you have questions, comments, or concerns about these Terms, please contact us:
PatientProtect, Inc.
Website: www.patientprotect.com
General Support: support@patientprotect.com
PatientProtect Inquiries: info@patientprotect.com
Legal Notices: legal@patientprotect.com
Mailing Address: PatientProtect, Inc.
13 Palafox Place, Suite 200
Pensacola, FL 32502