Last Updated: November 2019
This End User License Agreement (“Agreement”) is a binding agreement between you (“user” or “you”) and Reliant Immune Diagnostics (“Reliant”, “we”, “us”, or “our”). This Agreement governs your use of the MDBox mobile application, including all related documentation that we may make available from time to time, and any beta releases that we may make available, and the website and or website application, collectively the “Application”. The Application is licensed, not sold, to you.
If you think you may have a medical emergency, call 911 immediately.
MDBox is a technology platform, owned by Reliant, designed to empower its users (including you) to improve management of their health and wellness through access to telehealth services (the “Services”) that can be conducted at home for a variety of medical issues. Reliant does not provide medical services. All medical services made available through the Application are provided by independent medical providers and professional organizations that use the Application as a way to communicate with you. The mobile application, associated web sites and web applications, and the content therein, are not for medical emergencies or urgent situations, are not a medical device intended to provide a medical diagnosis, and do not constitute professional medical advice, treatment, or recommendations of any kind, but do help you to provide information to a physician or other qualified healthcare provider for certain services. The medical provider is responsible for providing all clinical care to you, which may or may not include a prescription. Reliant.MD Medical Associates of Texas and other affiliated professional organizations (collectively, “Reliant.MD”) (and not us) provides the clinical services via our platform, the Application, to you. Reliant.MD is an independent, physician-owned medical group that provides clinical telehealth services.
Any information or advice received from a qualified health provider comes from them alone, and not from Reliant. Your interactions with the clinicians via the Service are not intended to take the place of your relationship with your regular health care practitioners. Neither Reliant, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any professional advice obtained from a health care provider via the Service or for any other information obtained with the Application. Reliant does not endorse any specific tests, physicians, medications, products or procedures that are recommended by clinicians that may use the Application to communicate with you. You acknowledge that your reliance on any healthcare providers or information provided by the clinicians via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith. Reliant does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Service.
Even though you may have arrived to the Application through a website or mobile application operated or controlled by a third party, including by an affiliate of Reliant, you understand and agree that this Agreement is entered into between you and Reliant. You also understand and agree that the Application and is provided solely by Reliant, and no other parent, subsidiary or affiliate of Reliant.
You agree that when you use or enter the Application, you affirmatively consent to conduct business electronically with Reliant and engage in health-oriented activities with health professionals and professional organizations affiliated with Reliant, and such processes have the same force and effect as your written signature.
READ THIS AGREEMENT CAREFULLY AS THIS AGREEMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION AND CLASS ACTION WAIVER DESCRIBED IN PARAGRAPH W TO RESOLVE ANY DISPUTES WITH RELIANT.
BY CLICKING THE ‘CREATE ACCOUNT’ BUTTON, BY INSTALLING THE RELIANT SOFTWARE, AND/OR BY USING THE SOFTWARE, YOU AGREE AND ACKNOWLEDGE THAT YOU (A) HAVE READ THIS AGREEMENT AND UNDERSTAND ITS TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT; AND (C) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE BINDING ARBITRATION CLAUSE CONTAINED IN PARAGRAPH W BELOW. IF YOU DO NOT AGREE WITH ANY TERMS OR CONDITIONS OF THIS AGREEMENT, YOU MUST REJECT THEM BY NOT CLICKING THE ‘CREATE ACCOUNT’ BUTTON AND/OR BY NOT INSTALLING OR USING THIS SOFTWARE.
a. License Grant. Subject to the terms of this Agreement, Reliant grants you a limited, revocable, non-exclusive, non-sublicensable and nontransferable license to download, install, and use the Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you. An individual may only have one account per person but may access their account through a shared mobile device. To create an account for an individual other than yourself, you must be that person’s Legal Representative. “Legal Representative” shall mean, a person’s legal or medical power of attorney. If you are creating an account for another person as their Legal Representative, you consent to the terms of this Agreement.
b. Requirements for Use. You must have compatible mobile devices, access to the Internet, and certain necessary software in order to use the Application. Fees and charges may apply to your use of the mobile services and to the Internet.
c. License Restrictions. You shall not, and shall not permit others to: (i) use the Application for anyone other than yourself, unless you acting as a Legal Representative; (ii) copy the Application, in whole or in part, except as expressly permitted herein; (iii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application; (iv) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (v) remove, delete, alter, or obscure any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (vi) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; (vii) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; (viii) access or use the Application in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable local, state or federal law or regulation, or is prohibited by this Agreement; (ix) “Jailbreak” your mobile operating system (The Application is intended for use only on a mobile phone that runs an unmodified manufacturer-approved operating system, so using the Application on a mobile phone with a modified operating system may undermine security features that are intended to protect your protected health information from unauthorized or unintended disclosure. You may compromise your protected health information if you use the Application on a mobile phone that has been modified. Use of the Application on a mobile phone with a modified operating system is a material breach of this Agreement.); (x) use or access the Application to create or develop competing products or services or for any other purpose that is to Reliant’ s detriment or commercial disadvantage; (xi) take any action or use the Application in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Application or any content, in whole or in part; (xii) input, upload, transmit, distribute, 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 Application, or any other system, device, or property; or (xiii) use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
d. Children Under the Age of 18. Except as may be authorized by a Legal Representative, our Application is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Application. Except as may be authorized by a Legal Representative, we do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Application, make any purchases through the Application, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without consent from their Legal Representative, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at firstname.lastname@example.org.
e. Intellectual Property. As between Reliant and you, Reliant is the sole and exclusive owner of all right, title and interest in and to the Application and its content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Application shall be owned solely and exclusively by Reliant or its licensors, including all intellectual property rights therein. You have permission to use the Application solely for your personal and non-commercial use on the condition that you comply with this Agreement. Certain names, logos, and other materials displayed in and through the Application may constitute trademarks, trade names, services marks or logos (“Trademarks”) of Reliant or its affiliates. You are not authorized to use any such Trademarks without the express written permission of Reliant or its affiliates. Ownership of all such Trademarks and the goodwill associated therewith remains with us or our affiliates.
f. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Reliant and its licensors and service providers, as applicable, reserves and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, patents, and other intellectual property rights therein or relating thereto, except as may be expressly granted to you under this Agreement.
g. Updates. Reliant may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Reliant has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either: (i) the Application will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
h. Geographic Restrictions. The content and Services are based in the states listed here: Available States and are provided for access and use only by persons located in an Available State. We make no representation that content or materials or the services associated with the Application are appropriate or available for use in your specific jurisdiction. You acknowledge and agree that you may not be able to access all or some of the content and Services outside of the Available States and that such access may not be legal by certain persons or in other states or countries. You shall not access the Service from a state other than an Available State, and you confirm that you are physically located in an Available State when you request to use the telehealth features of the Service to communicate with Reliant.MD.
j. Consent to Use of Data. Upon registration of an account, the Application may contain forms or fields that allow you to enter, submit or transmit to Reliant user information or data (“User Data”) on or through the Application. You understand and agree that any User Data provided by you on or through the Application may be used, copied or displayed by Reliant, Reliant may create derivative works of any such data, and Reliant may provide such data to our service providers, our successors and assigns, and health care professionals engaging with you through the Application, in performance of the Services. You grant Reliant, our service providers, our successors and assigns, and affiliated health care professionals, the fully transferable and sublicenseable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any User Data you submit on or through the Application for the purposes of providing services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of Reliant using such data.
k. Payment and Billing. When you submit your request for Services, you agree to pay all fees due. By entering your payment information and submitting your request, you authorize Reliant or its third-party payment processors to charge the amount due. All prices are in U.S. dollars. You understand and agree that you are solely responsible for all charges and applicable fees (including taxes and any fees assessed by your bank) associated with your order, and that any payment to any third-party processor shall include payments to Reliant and affiliated health care providers. By providing a payment method that we accept, you represent and warrant that you are authorized to use such payment method and that you authorize us or our third-party payment processor to charge such payment method for the total amount of your order. We or our third-party payment processor may seek pre-authorization of your payment method prior to your purchase to verify that the payment method is valid and has the necessary funds or credit available to cover the fees for the order. In the event that we or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. In the event that we or our third-party payment processors are unable to charge the full cost of your purchase to the payment method you provide, we may cancel your order. We or our third-party payment processor will collect your payment information and related personal information for its use in processing your payment for the Services that you order. We reserve the right to change prices in our sole discretion at any time; however, the Application will reflect then-current prices. The Services are paid for by you and are not intended to be reimbursed by any health plan. Reliant does not submit or process insurance paperwork or claims.
l. Security. You are responsible for maintaining the confidentiality of your log-in and password credentials and ensuring that you are accessing this Application through secure systems when transmitting information. You acknowledge and agree that you are responsible for all activity that occurs under your username and password log-in credentials. Reliant is not responsible or liable to you in any way if your information is intercepted by an unauthorized person, whether through public places, at home, business or other locations of access. Reliant is not responsible or liable for any loss or damage caused, or expense incurred, by you as a result of your failure to safeguard your log-in and password credentials. You should immediately notify Reliant if your account username and password have been stolen or otherwise compromised. Accordingly, should you decide to use Application to store or communicate any protected health information (“PHI”), you, and not Reliant, assume full responsibility for the security of that information.
m. Term and Termination. (1) The term of this Agreement commences when you install the Application and will continue in effect until terminated by you or Reliant as set forth in this paragraph m. (2) You may terminate this Agreement by sending an email to email@example.com requesting deactivation of your account. However, all data previously collected will be retained by Reliant. (3) Reliant may terminate this Agreement at any time without notice, including, without limitation, if it ceases to support the Application, which Reliant may do in its sole and absolute discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. (4) Upon termination of this Agreement: (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of the Application and delete all copies of the Application from your mobile device. (5) Termination of this Agreement will not limit any of Reliant’s rights or remedies at law or in equity.
o. Links to Third-Party Hyperlinks and Websites. The Application may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites. You may have arrived to the Application through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of Reliant. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only this Agreement will apply to your use of or access to the Application.
p. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND, AND RELIANT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND OF NON INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, RELIANT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RELIANT OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
q. Assumption of Risk. You acknowledge that the Application is designed to be used by a health care provider to provide you with health related information based on your use of the Application, but under no circumstances does the content, data, and/or information supplied to you through the Application constitute medical advice, diagnosis, recommendations, or treatment of any kind by Reliant, nor should the Application or any content, data, and/or information provided to you be used for medical emergencies or urgent situations. Always consult with a physician or other qualified health care provider with any questions that you may have related to a medical condition or concern. If you think you may have a medical emergency, call your doctor or 911 immediately. By granting you the right to use the Application and access the Services, Reliant does not assume any obligation or liability related to your health or medical conditions. Under no circumstances shall Reliant be liable for any death or bodily injury that you suffer or that you cause to any third party in connection with your use of the Application or related to any action or inaction you take in connection with your use of the Application.
r. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RELIANT OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, PRIVACY RELATED CLAIMS, ACTIONS, OR DAMAGES, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR ANY OTHER INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THE FOREGOING LIMITATION SHALL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR RELIANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In no event shall Reliant’s total aggregate liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one thousand dollars ($1,000.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
s. Indemnification. You agree to indemnify, defend, and hold Reliant and its affiliates and their respective officers, directors, managers, partners, employees, agents, licensors, and suppliers harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to: (i) any breach by you of this Agreement, (ii) your use of material or features available on the Application in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.
u. Restriction on Export. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
v. Commercial Items. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefore, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
w. Waiver of Jury Trials and Binding Arbitration. YOU AND RELIANT ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE APPLICATION OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. This binding arbitration provision applies to any and all claims that you have against us, our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, and against all of our and their respective officers, directors, managers, partners, employees, agents, or assigns, or that we have against you; it also includes any and all claims regarding the applicability of this arbitration clause or the validity of the Agreement, in whole or in part. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”) (including, if appropriate, the Procedures for Large, Complex Commercial Disputes and the International Commercial Arbitration Supplementary Procedures and the Supplementary Rules for Class Arbitrations]. The arbitrator, and not any federal, state or local court or agency, will have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of the terms of this Agreement and/or these arbitration provisions in paragraph w hereof, including but not limited to any claim that all or any part of the Agreement is void or voidable. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. 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 this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our Chief Compliance Officer at 6500 River Place Blvd, Bldg. 4 Suite 102, Austin, TX 78730. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted before a single arbitrator selected in accordance with the applicable rules or by mutual agreement between you and Reliant. The arbitration shall be held: (i) at a location in the county that you reside; (ii) at such other location as may be mutually agreed upon by you and Reliant; or (iii) at your election, by telephone, based on written submissions. The arbitrator (i) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Texas or federal rules of procedure, as applicable; and (ii) shall honor claims of privilege recognized at law. This arbitration provision shall survive: (i) termination or changes in the Agreement, and the relationship between you and us concerning the Agreement; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf.
x. Applicable Law and Venue. By using any Reliant product, application, and/or service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Reliant. In the event that the binding arbitration clause in paragraph w above is found to be invalid, you and Reliant agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Travis County, Texas to resolve any dispute or claim arising from this Agreement and/or any dispute between yourself and Reliant.
y. Waiver of Class Action and Jury Trial Waiver. YOU AND RELIANT AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IT BE BINDING ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. FURTHER, UNLESS BOTH YOU AND RELIANT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION YOU AND RELIANT EACH WAIVE ANY RIGHT TO A JURY TRIAL. YOU AND RELIANT ALSO BOTH AGREE THAT YOU OR RELIANT MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
z. Limitation of Time to Bring Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
ee. Copyright Infringement Claims. Reliant reserves the right to remove any content or any other material or information available on or through our Application, at any time, for any reason. Reliant otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This paragraph describes the procedure that should be followed to file a notification of alleged copyright infringement with Reliant. Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Application, you may submit a notification to our Designated Agent at the following address:
Legal Department Reliant Immune Diagnostics 6500 River Place Blvd, Building 4 Suite 102 Austin, TX 78730
Any notification to Reliant under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed; An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; An identification of the content or material that you claim is infringing and where it is located on our Application; Information sufficient for Reliant to contact you, such as your address, telephone number, and/or email address; A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
ff. Contact Information. If you have any questions or concerns, please contact firstname.lastname@example.org.