Medical Terms of Service and Informed Consent
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Welcome! Vantage Life Institute NJ, P.A. (“Vantage Life Institute” or “Practice”) is responsible for delivering all patient-facing services—including clinical care and associated health-management features—to its members. Those services are supported by Vantage Life Institute MSO, Inc. (“Vantage MSO”), which subcontracts certain management, administrative, and technology functions to RoVR Technologies, Inc. (“RoVR”). From time to time, Vantage MSO and RoVR may engage additional third-party Service Partners—including, without limitation, laboratory and diagnostic-imaging providers, testing-kit suppliers, electronic-medical-record platforms, cloud-hosting and cybersecurity vendors, payment processors, logistics and fulfillment partners, medical-device manufacturers, telehealth and communications platforms, clinical-support contractors, analytics providers, and other non-clinical administrative vendors—to power or enhance the services described below. Collectively, Vantage Life Institute, Vantage MSO, RoVR, and their Service Partners are referred to in these terms as the “Companies,” “we,” or “us.”
Through our secure website (the “Website”) and mobile/web application (the “App”), we enable eligible individuals (“Users”) to access Vantage Life Institute’s concierge clinical services and a suite of digital-health tools, scheduling functions, laboratory integrations, and personalized wellness resources (the “Service” or “Services”). Certain Service Partners may present their own end-user agreements, informed consents, or authorization forms within the Website or App. By choosing to access features that rely on a given Service Partner, you agree to any additional terms presented at the time of use.
Please read these Medical Terms of Service & Informed Consent (“Terms”), together with our Privacy Policy, HIPAA Notice of Privacy Practices, and your Membership Agreement (which includes detailed Term & Termination provisions), carefully. These documents collectively govern your use of the Services. By creating an account, scheduling an appointment, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use—and, if applicable, must immediately cease using—the Services.
ARBITRATION & CLASS-ACTION WAIVER. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS. PLEASE REVIEW SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.
Acceptance of Terms of Service
Electronic Agreement. These Terms are an electronic contract that sets out the legally binding terms of your use of and subscription to the Service. By using the Service, you accept these Terms and agree to the conditions and notices contained or referenced herein. These Terms may be modified by the Companies from time to time, at their sole discretion, with such modifications becoming effective upon posting on the Website, the App, or otherwise providing you notice. Continued use of the Service after any such modifications constitutes your agreement to be bound by the updated Terms.
Consent to Electronic Disclosures. You agree that the Companies may send the following to you by email or by posting them on the Website: these Terms (including any legal disclosures), updates to these Terms, our Privacy Policy, our HIPAA Policy, and other notices or communications related to the Service (“Communications”). You consent to receive all such Communications electronically and agree to notify us promptly if your email address changes.
Withdrawing Your Consent. If you later decide that you do not want to receive future Communications electronically, please send an email to hello@vantagelifeinstitute.com. Your withdrawal of consent will become effective within a reasonable time after we receive your notice. This may limit your ability to continue using the Service.
Eligibility
You represent and warrant that—whether you are agreeing to these Terms on behalf of yourself or a minor—you are at least 18 years of age and have the legal authority to enter into these Terms and to comply with all of the terms and conditions herein.
Account Registration and Security
To access certain features of the Service, you must create a User account via the App. You agree to provide accurate, complete, and current information for your account and to update it promptly if anything changes. You are responsible for maintaining the confidentiality of your account credentials and are fully accountable for all activity under your account. You agree to (a) immediately notify the Companies of any unauthorized use of your account or any other breach of security; and (b) ensure that you log out at the end of each session.
The Companies are not responsible for any loss or damage resulting from your failure to comply with this security obligation. Please exercise caution when accessing your account from a public or shared device to prevent others from viewing or recording your credentials or sensitive personal information.
Term and Termination
These Terms will remain in full force and effect while you are a User. You may terminate your use of the Service at any time by contacting us at hello@vantagelifeinstitute.com. The Companies, at their sole discretion, may terminate your use of the Service at any time, including (but not limited to) if you breach these Terms. Notice will be provided via the email address you provide through the Service.
If the Companies terminate your access due to a breach of these Terms, you will not be entitled to any refund of paid fees. All decisions regarding account termination are made at the sole discretion of the Companies. We are not required to provide prior notice of termination and may be prohibited from disclosing the specific reason for termination. Additional Term & Termination details appear in your Membership Agreement
These Terms will continue to apply after termination to any provisions that, by their nature, are intended to survive—such as those relating to ownership, warranty disclaimers, limitations of liability, and dispute resolution. You also understand and acknowledge that the Companies may be legally required to retain electronic copies of your medical records after termination, in accordance with applicable law.
Non-commercial Use of the Service
The Service is intended for personal use only. You may not use it for any commercial purpose or on behalf of any organization, company, or business. Unauthorized or illegal use—including collecting User information for solicitation or unauthorized linking or framing of the Website, App, or Service—is strictly prohibited.
Permission to Treat and Telehealth Medical Treatment
By using the Service, you consent to receive medical care from the licensed healthcare providers of Vantage Life Institute NJ, P.A., both in person and, when applicable, via Telehealth (as defined below). This consent is provided in advance of any specific diagnosis or treatment. You understand that services are voluntary and that you have the right to decline treatment at any time.
This consent remains in effect until you revoke it in writing. Revoking consent does not affect the validity of care or actions provided prior to the date of revocation. If you wish to withdraw consent, you must stop using the Service and notify us accordingly.
You acknowledge that care may be delivered through a combination of providers—including physicians, nurse practitioners, physician assistants, registered nurses, and licensed support personnel (collectively, the “Care Team”)—as well as through automated tools designed to support diagnosis, treatment, or communication.
You agree not to use the Service for emergency or urgent medical issues. For any condition that you believe may be serious or life-threatening, you agree to contact 911 or go to your nearest emergency room.
Telehealth refers to the use of technology to deliver healthcare services remotely, including but not limited to:
Electronic transmission of medical records, images, or other data
Synchronous (real-time) or asynchronous (non-real-time) communication via audio, video, or data
Use of digital tools to support diagnosis, treatment, or care coordination
Review of data from connected health devices
You understand that Telehealth has limitations. Your condition may not be suitable for virtual care, and information transmitted may be insufficient to make a medical decision. In such cases, additional in-person or alternative care may be recommended. If your condition does not improve or worsens, you agree to seek further evaluation promptly.
Your Care Team is available to answer questions about the scope and limits of Telehealth prior to your appointment.
You acknowledge that care via the Service includes the secure transmission of protected health information (PHI), including test results and clinical notes, to your online health record and care team. You consent to receive health-related emails, calls, text messages, or push notifications, including automated reminders. You also authorize the Companies to use or disclose PHI as needed for your treatment and care coordination, including sharing medical information with other providers involved in your care.
Additional Third-Party Telehealth Provider Consent: Adept Labs, Inc DBA Junction
In certain cases, your Telehealth services may be delivered through Junction, a third-party provider, and its affiliated clinical entities. When engaging with a Junction-affiliated provider, your care is governed by Junction’s policies and clinical practices. By using the Service, you acknowledge and agree that your care may include interactions with these providers and that Junction requires the following Telehealth Consent Form, which applies in full:
TELEHEALTH CONSENT FORM
I understand that Telehealth is a mode of delivering health care services via communication technologies (e.g., internet or cellphone) to facilitate diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care.
By acknowledging my consent below, I understand and agree to the following:
I understand that Junction and affiliate Openloop Healthcare Partners, PC offer Telehealth consultations, which are conducted through videoconferencing, telephonic, and asynchronous technology and my Telehealth provider will not be present in the room with me.
I understand there are potential risks to the use of Telehealth technology, including but not limited to, interruptions, delays, unauthorized access, and or other technical difficulties. I understand that either my Telehealth provider or I can discontinue the Telehealth appointment if the technical connections are not adequate for my visit.
I understand that I could seek an in-office visit rather than obtain care from a Telehealth provider, and I am choosing to participate in a Telehealth consultation with Junction, an affiliate of Openloop Healthcare Partners, PC, Openloop Healthcare Partners California, PC, Openloop Healthcare Partners Colorado, PC, Openloop Healthcare Partners New Jersey, PC, Openloop Healthcare Partners Wisconsin SC, Reliant.MD Medical Associates, PLLC, Reliant.MD Medical Associates California, PC, Reliant.MD Medical Associates Colorado, PC, Reliant.MD Medical Associates New Jersey, PC, Reliant.MD Medical Associates Wisconsin, SC, MECNB Physician Services, PC, MECNB Physician Services California, PC, MECNB Physician Services Colorado, PC, MECNB Physician Services New Jersey, PC, and MECNB Physician Services, SC.
To protect the confidentiality of my health information, I agree to undertake my Telehealth consultation in a private location, and I understand that my Telehealth provider will similarly be in a private location.
I understand that I am responsible for payment of any amounts due and owing resulting from my Telehealth visit.
In an emergent situation, I understand that the responsibility of my Telehealth provider may be to direct me to emergency medical services, such as an emergency room.
By acknowledging below, I certify:
That I have read this form and/or had it explained to me;
That I understand the risks and benefits of a Telehealth appointment;
That I have been given the opportunity to ask questions and that such questions have been answered to my satisfaction.
Privacy
We provide the App as an encrypted communication channel through which to primarily communicate with your Care Team. After your registration, you may also receive email, SMS, and/or mobile push notifications in connection with the Services, and these notifications:
may identify you as a End User of the Services
may inform you that you have received communication from your Care Team via the App
may respond to requests you may have initiated by email or other means outside of the App
may, at your request, contain certain protected health information (“PHI”), as is your right under HIPAA
and may involve other circumstances as outlined in our HIPAA Policy and Privacy Policy.
Depending on your phone and email provider, certain email, SMS, and mobile push communications may not be encrypted.
For information on how we collect, use and disclosure information from our Users, please refer to our Privacy Policy and our HIPAA Policy, which are incorporated by reference as though fully set forth herein.
Financial Policy and Payment Agreement
General. Vantage Life Institute NJ, P.A. is a fully cash-pay practice; we do not accept insurance or submit claims on your behalf. By enrolling in our services, you agree to pay out-of-pocket for all care received, which may include recurring membership fees for patients enrolled in a membership plan, as well as charges for any additional à la carte or marketplace services requested outside your membership. Details of what is included or excluded from membership are specified in your Membership Agreement, Financial Policy & Payment Authorization, and Fee Disclosure & Commitment Terms.
Payment Information. You must provide accurate, up-to-date billing information at the time of registration. You agree to keep your billing details current and to notify us immediately of any changes, including new payment credentials or updated billing addresses. Updates may be made directly on the platform, or submitted via phone or email. If payment is declined or delayed, we reserve the right to pause or terminate your access to services until payment is resolved.
Payment Method. All charges for services—including membership dues and any additional clinical or wellness offerings—will be billed directly to your chosen payment method either at the time of service or in accordance with the billing schedule outlined in your Membership Agreement. You acknowledge that all such charges are your responsibility and will not be submitted to any insurance payer by us.
Reaffirmation of Authorization. Your continued use of our services confirms your authorization for us to charge your designated payment method for all fees associated with services rendered. Unless otherwise stated in writing, all payments are non-refundable and may be charged in advance, per usage, or on a recurring basis as outlined in your Membership Agreement.
State-Specific Patient Rights
Patients residing in New York and New Jersey may have the right to request an itemized price list from external laboratory providers such as Junction, in accordance with state laws.
Appointments: Missed/Late Cancellation
As a courtesy to other patients, you understand and agree that if you do not show for your appointment or you cancel your appointment with less than 24 hours’ notice, the Companies reserve the right to charge you a fee for a missed/late cancelled appointment.
Feedback
We welcome feedback, comments and suggestions for improvements to the Service ("Feedback"). You can submit Feedback by contacting the Companies, including by completing and submitting the feedback survey sent to you after some encounters or by emailing us at hello@vantagelifeinstitute.com. To allow us to improve our services, once you submit the Feedback, we will own all right, title, and interest in such Feedback.
Content and Software on the Service
Proprietary Rights; License. We and/or our licensors exclusively own and retain all proprietary rights, title and interest in the Website, the App and the Service and all associated intellectual property rights contained therein. The Website, the App and the Service contain the copyrighted material, trademarks, and other proprietary information of us and/or our licensors. Subject to the terms and conditions of these Terms, we grant to you a personal, limited, non-exclusive, nontransferable, non-sublicensable license to access and use the graphics, audio, articles, marketing communications, photos or profiles and works of authorship of any kind that we provide or makes available via the Service (the "Content") during the term of these Terms solely in connection with your permitted use of the Website, the App and the Service and solely for your personal and non-commercial purposes. We and its licensors retain all rights not expressly granted to you in these Terms.
Restrictions. You shall not, and you shall not enable any third party, to (i) access or attempt to access any other systems, programs or data of the Companies that are not available for public use; (ii) copy, reproduce, republish, upload, post, transmit or distribute any Content that is not User Content; (iii) work around any technical limitations in the App, or decompile, disassemble or otherwise reverse engineer the App except as otherwise permitted by applicable law; (iv) perform or attempt to perform any actions that could interfere with the proper operation of the App or Service, prevent access to or use of the App or Service by the Companies’ other licensees or clients, or impose an unreasonable or disproportionately large load on the infrastructure; (v) remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service (including the App); or (vi) otherwise use the App except as expressly allowed under this Section.
Reliance on Content, Advice, Etc. The Companies do not: (i) guarantee the accuracy, completeness, or usefulness of any third-party Content on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any third-party that appears on the Service. Under no circumstances will the Companies or their affiliates be responsible for any loss or damage resulting from your reliance on third-party information posted on the Website or the App or transmitted to or by any Users via the Service.
Prohibited Activities
The following is a partial list of the type of actions that you may not engage in with respect to the Service:
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, "data mine", or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Service or its contents;
You will not interfere, access, tamper with or disrupt the Service, Website or App or the servers or networks connected to the Service, Website, or App;
You will not attempt to probe, scan or test the vulnerability of any of the Companies’s system or network or breach any security or authentication measures;
You will not send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
You will not use any meta tags or other hidden text or metadata utilizing the Companies’ trademarks, logos, URLs or product names without the Companies’ express written consent;
You will not use the Service, Website, App or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
You will not use, display, "frame" or "mirror" any part of the Service, the Companies’ names, any Companies’ trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from the Companies. You also shall not use meta tags or code or other devices containing any reference to the Companies or the Service in order to direct any person to any other website for any purpose; and
You will not collect or store any personally identifiable information from Users.
Modifications to Service
The Companies reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Companies shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Blocking of IP Addresses
In order to protect the integrity of the Service, the Companies reserve the right at any time in their sole discretion to block Users from certain IP addresses from accessing the Service.
Copyright Policy
The Companies respect copyright law and expect their Users to do the same. It is the Companies’ policy to terminate in appropriate circumstances Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Disclaimers
The Companies are not responsible for any incorrect or inaccurate third-party Content posted on the Service. The Companies are not responsible for the conduct, whether online or offline, of any User. The Companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any Communication. The Companies are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users’ or to any other person's computer related to or resulting from participating or downloading materials in connection with the Service. Under no circumstances will the Companies or any of their affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service any Content posted on the Service or transmitted to Users, or any interactions between Users of the Service, whether online or offline. THE SERVICE IS PROVIDED "AS-IS" AND THE COMPANIES EXPRESSLY DISCLAIM ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Companies cannot guarantee and do not promise that the Service will achieve any intended results, be uninterrupted or error free or meet your requirements.
In addition to the preceding paragraph and other provisions of these Terms, any general, non-patient specific advice that may be posted on the Website, the App or the Service is for informational purposes only and is not intended to replace or substitute for any medical or other advice. The Companies make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or affect on any person following the general information offered or provided within or through the Website, the App or the Service. If you have specific concerns or a situation arises in which you require medical advice, you should consult directly with one of our appropriately trained and qualified medical services providers.
The Companies make no representation that the Service is appropriate, or is available for use outside the U.S. Access to and use of the Service where the access or use of the Service is illegal is prohibited. Those who choose to access and use the Service from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.
Links and Third-Party Applications
The Service may provide, or third parties may provide, links to other sites or other online resources. In addition, our Website or App may also integrate third-party applications, products or services (the "Third-Party Applications"), which may have access to your data and PHI. These third parties are not affiliated with us and may have different policies with respect to handling your data and PHI, and use of such Third-Party Applications is subject to their applicable terms and conditions and privacy policies. We are not responsible for and do not make any representations or warranties with respect to any third-party technology or Third-Party Applications, or the actions or inactions of such third parties, accessible via the App, Service or the Website. Any purchase by you of any Third-Party Applications or any exchange of data or other interaction between you and a provider of a Third-Party Application is solely between you and the applicable third-party service provider.
Because the Companies have no control over such Third-Party Applications and third-party sites and resources, you acknowledge and agree that the Companies are not responsible for the availability, quality, accuracy, integrity, safety, reliability or legality of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such Third-Party Applications, sites or resources. You further acknowledge and agree that the Companies shall not be responsible or liable, directly or indirectly, for any damage, harm, injury or loss of any kind caused or alleged to be caused by or in connection with the purchase, use of, download, installation or reliance upon, any such content, goods or services available on or through any such site, Third-Party Application or resource.
We do not endorse and are not responsible for the information and security practices or privacy policies of Third-Party Applications or web sites operated by others that may be linked to or from the Service, Website or App. No web sites that link to the Service may frame or otherwise incorporate the Content on the Service.
Limitation on Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANIES (OR THEIR EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, BODILY INJURY OR DEATH, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, APP, OR SERVICE WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF THE COMPANIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANIES’ LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE WEBSITE, APP, OR SERVICE, WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS PAID BY YOU OR YOUR EMPLOYER TO THE COMPANIES FOR ACCESS TO AND USE OF THE SERVICE BY YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Governing Law
These Terms and any action related thereto will be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and the Companies agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court, and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an ("IP Protection Action"). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide the Companies with written notice of your desire to do so by email at hello@vantagelifeinstitute.com within thirty (30) days following the date you first accept these Terms (such notice, an "Arbitration Opt-out Notice"). If you don’t provide the Companies with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide the Companies with an Arbitration Opt-out Notice, will be the state and federal courts located in the Southern District of New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide the Companies with an Arbitration Opt-out Notice, you acknowledge and agree that you and the Companies are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Companies otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for Demand for Arbitration for California residents. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and the Companies otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and the Companies submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. The Companies will not seek, and hereby waive all rights they may have under applicable law to recover, attorneys’ fees and expenses if they prevail in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, the Companies will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes
Notwithstanding anything to the contrary in these Terms, if the Companies change this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to hello@vantagelifeinstitute.com) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of the Companies’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and the Companies in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Waiver and Severability
The failure of the Companies to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Companies. Except as expressly set forth in these Terms, the exercise by any party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between the Companies and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Companies and you regarding the same.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without the Companies’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The Companies may assign or transfer these Terms, at their sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by the Companies (i) via email (in each case to the address that you have provided); or (ii) by posting to the Website or the App or via the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Contact Information
If you have any questions about these Terms or the Service, please contact hello@vantagelifeinstitute.com.