TERMS AND CONDITIONS
Please read, or have read to you, these terms and conditions of use (Terms) before accessing or using ReThink-RX L.L.C.’s (“ReThink-RX” or the “company”) website(s) or services. By accessing the Website at ReThink-RX.com, and related pages and Services, you are agreeing (“Agreement”) to be bound by these Terms and Conditions of Use as may be modified from time to time. If you do not agree with any of these terms, you are prohibited from using or accessing this website or services. For this agreement, the term “physician” means any physician or his/her delegated licensed medical provider with authority to write medical cannabis certifications which may include nurse practitioners and physician’s assistants.
ReThink-RX is not a Medical Cannabis collective, cooperative, distributor, processor or dispensary. ReThink-RX does not sell Medical Cannabis.
The Services (“Services”) we offer are limited to; collecting and processing information from patients; performing verification checks; connecting patients with registered Cannabis medical providers using telemedicine technology who will evaluate, counsel and educate patients; storing and securing private medical information on HIPAA-compliant storage systems; transmitting medical information to patients or their representative, including Cannabis certification; providing education materials and service to assist patients in registering with state authorities if needed; and providing education materials and service to patients to assist the development of responsible Medical Cannabis use.
ELIGIBILITY FOR SERVICES
In order to qualify to use ReThink-RX’s website and/or services, you must:
- Be 18 years of age or older;
- Have a current address in the Commonwealth of Virginia;
- Agree to pay the professional fee for services; and
- Agree to be legally bound by and comply with this agreement in all respects; and
- Understand and agree that satisfying the above requirements does not guarantee that you will receive services through ReThink-Rx.
In addition to the above requirements, ReThink-RX and its affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice.
Your ReThink-RX physician will use the website, electronic health record software and other technologies as needed (collectively “telemedicine”) to receive/exchange information with you to provide advice or diagnosis. You acknowledge that by using telemedicine your ReThink-RX physician might not have the benefit of information that would be obtained by examining you in-person and observing your physical condition. Therefore, you acknowledge that it is possible that your ReThink-RX physician might not be aware of, or reasonably able to ascertain, certain facts or information that would affect his or her opinion of your medical condition, needs, and/or appropriate treatment plan. You acknowledge and agree that you are aware of this limitation and agree to assume all risk of this limitation. Furthermore, you agree and accept that: (i) the diagnosis you will receive may be limited and provisional; (ii) the opinion is not intended to replace a full medical evaluation or in-person visit with your OTHER licensed health care providers.
You further acknowledge that the scope of evaluation performed by your ReThink-RX physician is limited strictly and absolutely to appropriateness determinations regarding Medical Cannabis. Any other treatment, therapy or evaluation is beyond the scope of services and will require evaluation and consultation with your OTHER health care provider(s), the responsibility and burden for which are entirely yours.
DUTY TO PROVIDE INFORMATION AND ACCESS
You have a duty to provide truthful, accurate, and complete responses on any patient forms, in response to any patient information requests from ReThink-RX and during your ReThink-RX physician telemedicine visit(s).
If you have ever had a request for Medical Cannabis certification denied or revoked, in this jurisdiction or any other, or have ever been advised against the use of Medical Cannabis by any healthcare provider, you have a specific duty to disclose this.
You have a duty to provide appropriate real-time audio and video access to enable an appropriate evaluation and connection by your ReThink-RX physician.
In tandem with these ReThink-RX policies, by entering into this agreement you represent and warrant that you understand that certain health care records pertaining to any patient recommendation made on your behalf by your ReThink-RX physician may be subject to mandatory disclosure and production to relevant government authorities by either ReThink-RX or its physician(s) under the applicable and governing laws and regulations of your Medical Cannabis jurisdiction including federal laws governing that jurisdiction. Specifically, by entering into this agreement you represent and warrant that you understand that copies of your medical records stating that you have been diagnosed with a medical condition or are undergoing certain medical treatments for which the medical use of Cannabis is an appropriate remedy may be subject to mandatory disclosure and production either by ReThink-RX or its physician(s) to relevant government authorities under applicable and governing laws and regulations.
COMPLIANCE WITH ALL CANNABIS LAWS AND REGULATIONS
You are solely responsible for maintaining a full understanding of the Medical Cannabis laws in the state and jurisdiction in which you are located as they pertain to you and abiding by them. You represent and warrant that you understand that there exist conflicts between federal and state laws on Cannabis and that laws vary between states.
- Federal Law
Cannabis is currently listed as a Schedule I controlled substance pursuant to the Federal Controlled Substances Act. As such, possession, distribution, cultivation, and/or manufacture of cannabis is illegal under federal law, regardless of whether your ReThink-RX physician has recommended medical cannabis to you as a therapeutic measure in compliance with state or other non-federal law.
Upon acceptance of this agreement, you represent and warrant that you understand the varied legal risks associated with your use of Medical Cannabis, including arrest and prosecution under applicable federal law. Should any criminal or civil administrative or legal actions be instituted against you for your use or possession of Medical Cannabis as recommended by a ReThink-RX physician, you will not hold ReThink-RX or your ReThink-RX physician liable in any way for any loss, injury, or claims of any kind resulting from those actions.
- State and Local Law
Effective July 1, 2021, the Commonwealth of Virginia has legalized the possession and use of Cannabis for medical and adult recreational purposes, subject to limitations. Purchasing Cannabis at state-sponsored dispensaries still requires healthcare provider certification and state registration.
Additionally, ReThink-RX’s services are subject to state and local laws and regulations and may change from time to time due to changes in such regulatory requirements.
To use the website and services, you must demonstrate that you currently reside in the appropriate legal jurisdiction and meet applicable legal requirements. In most cases an authentic, state-issued, non-expired identification card or driver’s license shall be sufficient to demonstrate qualification.
By using the website and/or services, you expressly acknowledge that ReThink-RX is solely for qualified patients residing in the Commonwealth of Virginia. You further represent that you are such a patient or, where permissible, the primary caregiver for such a patient. You expressly acknowledge that you are familiar and assume full responsibility for cooperating with all laws regarding the use, possession, cultivation, transportation, and distribution of Medical Cannabis. You further acknowledge that any of these activities may be illegal under state law unless all participants are acting completely within the scope of their respective states’ Medical Cannabis laws.
You further acknowledge and agree that ReThink-RX neither provides nor has any obligation to provide any legal advice or protections, such as indemnification, with respect to any civil, criminal, or administrative proceeding, investigation, litigation, or prosecution.
MEDICAL CANNABIS RECOMMENDATIONS
The determination regarding whether and under what circumstances to recommend use of Medical Cannabis will be determined solely by your ReThink-RX physician’s independent medical judgment after a good faith medical evaluation. At no time shall you provide cash or any form of additional remuneration to either ReThink-RX or to your ReThink-RX physician intended in whole or in part to induce your ReThink-RX physician to recommend the use of Medical Cannabis. While fees shall apply toward professional services rendered by your ReThink-RX physician, there is no guarantee of a Medical Cannabis recommendation.
WARRANTEE OF RECOMMENDATION
Neither ReThink-RX nor your ReThink-RX physician(s) make any warranties or guarantees that the use of Medical Cannabis will be an effective treatment for your medical condition(s). Should your ReThink-RX physician determine that you have a qualifying condition in their good-faith medical opinion or that you are undergoing medical treatment(s) that justify a recommendation for the use of Medical Cannabis, you bear the sole responsibility of legally obtaining Cannabis for your medical use, for the responsible, safe and legal use thereof, and for determining the effectiveness and success of that therapy.
LIABILITY OF RECOMMENDATION
You acknowledge and warrant that you agree that an affirmative recommendation for certification by your ReThink-RX physician in no way creates any liability on behalf of ReThink-RX or your ReThink-RX physician pertaining to your access and use of any Cannabis products whatever. You must further agree that ReThink-RX and your ReThink-RX physician have no liability whatever for your use, misuse and/or abuse of Medical Cannabis products resulting from your certification, nor any liability whatever for the consequences including but not limited to injuries, damages, losses of any kind (including but not limited to employment or assignment), intended or unintended third-party access and other effects, up to and including death or similar injury, to you or any other party. Your Medical Cannabis possession and use is your own responsibility and solely at your own risk.
PAYMENT AND SCHEDULING
You agree to pay all fees due for services requested, including any cancellation or rescheduling fees if applicable. By submitting your payment information, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. In the event we are unable to successfully process your payment, you will receive notice to immediately provide an alternative payment method.
ReThink-RX and our physician(s) have no obligation to provide or continue to provide any services, including scheduling/rescheduling, evaluation and certification, unless and until full payment has been received and/or verified.
Payment Policy: Payment in full is required in order to schedule your telemedicine visit with your ReThink-RX physician. Upon payment, the intake specialist will schedule your telemedicine visit and provide all necessary intake forms. You alone are solely responsible for completing and submitting all intake forms, to the satisfaction of ReThink-RX, prior to your appointment. Failing to do so will be considered a No Show.
Cancellation Policy: You may cancel your request for services anytime up to three (3) hours before your appointment with no penalty. No cancellation request shall be honored with less than 3 hours prior notice. If you do not cancel and do not show up within 15 minutes of your scheduled time, the full cost of your visit will be assessed. If you initially schedule with less than 3 hours’ notice, no refund will be honored for missed or changed appointments.
Reschedule Policy: You may reschedule your telemedicine visit anytime up to 3 hours before your appointment with no penalty. If you wish to reschedule less than 3 hours prior to your appointment, you shall be required to pay in full again.
No-Show Policy: Patient No Shows will be charged the full cost of Services. A No Show occurs whenever you: 1) do not cancel and do not show within 15 minutes of your scheduled appointment, 2) inform us with less than 3 hours prior notice of your intent to reschedule or cancel your request for services, or 3) do not complete all intake forms to the satisfaction of ReThink-RX before your appointment.
Refund Policy: Full refunds are offered if: 1) You meet with your ReThink-Rx physician but are not approved for certification, 2) you cancel your request for services more than 3 hours before your appointment, 3) having paid, you cannot, at the time of scheduling, find a mutually agreeable appointment time for your telemedicine visit, 3) your physician does not show within 30 minutes of the scheduled appointment time, or 4) if you have not been sent your certification despite being approved. Note: if your physician does not show up within the required timeframe, you will also be offered an opportunity to reschedule, at no additional charge,
Your use of ReThink-RX’s website and services are for your sole, personal use. You agree that you may not and shall not authorize others to use your user status, that you may not and shall not assign or otherwise transfer your user account to any other person or entity, and that you may not and shall not share with and/or distribute to any third party any medical cannabis except to the extent you are the primary caregiver or authorized agent for a qualified patient, where applicable law provides for the same.
ACCESS RIGHTS AND PROHIBITED USE
Subject to your compliance with these terms we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the website and services solely for your personal and non-commercial use and only as permitted under these terms. No other right, title, or interest in or to the website or services is transferred to you, and all rights not expressly granted are reserved by ReThink-RX or its licensors.
We reserve the right, in our sole discretion, to deny or suspend use of the website or services to anyone for any reason, at any time, without notice or cause.
You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your identity or affiliation with a person or entity; (b) use the website or services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Sites; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Sites, or any other system, device, or property; (e) access or use the website or services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party website, services or related materials in any way; (g) use or access the website or services to create or develop competing products or services or for any other purpose that is to ReThink-RX’s detriment or commercial disadvantage; (h) take any action or use the website or services in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our website, services or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our website, services or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by ReThink-RX or any of our service providers to protect our website or services; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our website, services or any content made available to you on or through our website or services; (l) use any manual process or automated device to monitor or copy any content made available on or through our website or services for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to ReThink-RX or third-party content from the website or affiliated websites; (n) otherwise use the website, services or affiliated websites in any manner that exceeds the scope of use granted above; or (o) encourage or enable any other individual to do any of the foregoing.
You acknowledge and warrant that this limited license granting access to website and services includes access to proprietary materials and information owned exclusively and without further license to you by ReThink-RX. These materials are protected by applicable copyright and trademark law. Any violating use of these materials, as outlined above, will be grounds for ReThink-RX to seek injunctive relief against you.
The materials on ReThink-Rx’s website and the services we provide, including medical cannabis certification, are provided on an ‘as is’ basis. ReThink-Rx makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of usability, fitness for a particular purpose, or other violation of rights.
Further, ReThink-Rx does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or services otherwise relating to such materials or on any sites linked to this site.
No advice from website. Our website contains general medical and legal information. The information is not advice and should not be treated as such. The information on our website is provided without any representations or warranties, express or implied.
We do not warrant or represent that the medical information on this website:
- (a) will be constantly available, or available at all; or
- (b) is true, accurate, complete, current, or non-misleading.
- You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider.
- If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
- If you think you may be suffering from any medical condition, you should seek immediate medical attention.
- You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website.
- You must not rely on the information on our website as an alternative to legal advice from your attorney or other qualified legal professional.
- If you have any specific questions about any legal matter, you should consult your attorney or other professional legal advisor.
- You should never delay seeking legal advice or disregard legal advice because of information on our website.
- Our website and services include interactive features that allow users to communicate with us.
- You acknowledge that, because of the limited nature of communication through these interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.
- Any assistance you may receive using any our interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.
In no event shall ReThink-Rx be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on ReThink-Rx’s website or services even if a ReThink-Rx authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
ACCURACY OF MATERIALS
The materials appearing on ReThink-Rx’s website could include technical, typographical, or photographic errors. ReThink-Rx does not warrant that any of the materials on its website are accurate, complete or current. ReThink-Rx may make changes to the materials contained on its website and services at any time without notice. However, ReThink-Rx does not make any commitment to update the materials.
MODIFICATION OF TERMS
ReThink-Rx may revise these terms and conditions of use for its website and services at any time without notice. By using the website and services, you are agreeing to be bound by the then-current version of these terms and conditions of use.
SUBMITTED MATERIALS AND USER-GENERATED CONTENT
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
This website maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to the website ReThink-RX.com. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement
P.O. Box 344
Waterford, Virginia 20197
Agent’s Name/Email Address: Robin Marsh: RMarsh@ReThink-RX.com
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material, and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material.
In notifying us of alleged copyright infringement, The Digital Millennium Copyright Act requires that you include the following information: (i) a description of the copyrighted work that is the subject of claimed infringement; (ii) a description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in a delay of the processing of your complaint.
THIRD-PARTY WEBSITES AND CONTENT
Our website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any access or transaction. Complaints, claims, concerns, or questions regarding third-party websites should be directed to the third-party.
DISCLAIMER OF WARRANTIES
You expressly agree that your use of the website is at your sole risk. You acknowledge and agree that the services provided through the website are on an “as is” and “as available” basis and without warranties of any kind either express or implied. To the maximum extent permitted by law, ReThink-RX, its affiliated professional entities, and their officers, directors, employees, agents, members, managers, shareholders, and representatives (the “ReThink-RX parties”) disclaim all warranties of any kind, express or implied, or statutory, with respect to the website and services, including, but not limited to, any warranties of usability, fitness for a particular purpose, and non-infringement. If you are dissatisfied, your sole remedy is to discontinue use of the website and services.
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the website will be accurate or reliable. You agree that from time to time we may remove the website for indefinite periods of time or cancel the website or services at any time, without notice to you.
LIMITATION OF LIABILITIES
Except where otherwise inapplicable or prohibited by law, in no case shall ReThink-RX, the ReThink-RX parties, their directors, officers, employees, physicians, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, lost employment, loss of data, replacement costs, or any similar damages, or for any damages for personal or bodily injury or emotional distress, including death or any similar injury or damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use or attempted use of any part of the website or services, or any Cannabis products of any kind that you procure as a result of recommendations rendered during services or for any other claim related in any way to your use or attempted use of the website or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind.
If, notwithstanding the limitation of liability set forth above, ReThink-RX is found liable under any theory, ReThink-RX’s liability and your exclusive remedy will be limited to the total amount of money you paid to ReThink-RX in the one (1) year period immediately preceding the incident on which your alleged claim is based. This limitation of liability shall apply for all claims, regardless of whether ReThink-RX was aware of or advised in advance of the possibility of damages or such claims. Some states do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you and you may have additional rights. Notwithstanding anything in these terms to the contrary.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless ReThink-RX, its physicians, affiliates, subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to your use of the website or services.
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
Please read this arbitration and class action waiver provision carefully. It requires you to arbitrate disputes with ReThink-RX and limits the manner in which you can seek relief from us.
Except where prohibited by law, you agree that any claim that you may have in the future must be resolved through final and binding confidential arbitration. You acknowledge and agree that you are waiving the right to a trial by jury. The rights that you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist. You agree that you may only bring a claim in your individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding. You further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these conditions of use as a court would.
Arbitration is a manner of resolving a “claim” without filing a lawsuit. “Claim” means any dispute between you, ReThink-RX, or any involved third-party relating to your account, your use of the website or services, your relationship with ReThink-RX, these Terms, or the Privacy Policies. This includes any and all claims that relate in any way to your use or attempted use of the website or services, and any act or omission by ReThink-RX or any third-party related to your use or attempted use of the website or services. You, ReThink-RX, or any involved third-party may pursue a Claim.
ReThink-RX agrees to final and binding confidential arbitration should it have any claims against you. Likewise, you agree to final and binding confidential arbitration should you have any claims against ReThink-RX. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any claims to final and binding confidential arbitration. You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer.
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Completion Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Completion Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in the Commonwealth of Virginia on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this section.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and ReThink-RX both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. ReThink-RX will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.
The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in the Commonwealth of Virginia: (i) an action by ReThink-RX relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by ReThink-RX for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Loudoun County, Commonwealth of Virginia, and forever waive any challenge to said courts’ jurisdiction and venue.
- Required Pre-Dispute Procedures
We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by us by e-mail to info@ReThink-RX.com. ReThink-RX will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with ReThink-RX or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below.
Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Loudoun County, Commonwealth of Virginia to enforce these Terms or prevent an infringement of a third-party’s rights or our intellectual property rights, as stated in subsection “b” above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
- Commencing Arbitration
You and ReThink-RX agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
- Arbitration Location
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Loudoun County, Commonwealth of Virginia unless ReThink-RX otherwise agrees to arbitrate in another forum requested by you.
- Organization, Rules and the Arbitrator
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.
- Governing Law and Award
The arbitrator shall follow the substantive law of the Commonwealth of Virginia without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This provision survives termination of your account or relationship with ReThink-RX, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except all claims must be brought within the 1-year limitation period set forth above. This provision is the entire arbitration agreement between you and ReThink-RX and shall not be modified except in writing by ReThink-RX.
ReThink-RX reserves the right to amend this arbitration provision at any time. Your continued use, or attempted use, of the website and services is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, ReThink-RX will provide you notice and an opportunity to opt-out. Your continued or attempted use of the website and/or services, is affirmation of your consent to such material changes.
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE OR BEGIN USING SERVICES (WHICHEVER IS EARLIER) THROUGH THE WEBSITE BY WRITING TO US AT INFO@RETHINK-RX.COM. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING THE SERVICES YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE SERVICES. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
You may not assign any of your rights under these terms and conditions of use, and any such attempt will be null and void. ReThink-RX and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these terms and conditions of use if some or all of the business of ReThink-RX is transferred to another entity by way of merger, sale of its assets or otherwise.
No waiver by ReThink-RX of any term or condition set forth in these terms and conditions of use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by ReThink-RX to assert a right or provision under these terms and conditions of use shall not constitute a waiver of such right or provision.
In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
ReThink-RX may terminate or suspend any of the rights granted by these terms and conditions of use and your access to and use of the website or services with or without prior notice, for any reason, and at any time. The following provisions survive the expiration or termination of these terms and conditions of use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Dispute Resolution Provisions, Non-Waver; Assignment; Severability, and Entire Agreement.
These terms, the agreement, and any policies or operating rules posted by us on the website or with respect to the website and services constitute the entire agreement and understanding between you and ReThink-RX and supersede and replace any prior or contemporaneous agreements. Any ambiguities in the interpretation of these terms or attendant policies shall not be construed against the drafting party.
This website and related services are created and controlled by the company in the Commonwealth of Virginia. As such, the laws of the Commonwealth of Virginia will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. By use of this website, you irrevocably consent to any and all disputes with the company to the venue of state or federal courts located in the Commonwealth of Virginia. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time, with or without notice to its users. Unless otherwise expressly provided in a legal notice, the aggregate liability for the company to you for all claims arising from the use of the website and services is limited to the total amount you paid ReThink-RX in the 12 months preceding the alleged infringement.