Welcome, and thank you for your interest in Globalcare Network, Inc. (“Globalcare,” “we,” or “us”) and our website at www.getglobalcare.com, along with our related websites and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Globalcare regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING GLOBALCARE’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND GLOBALCARE’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY GLOBALCARE AND BY YOU TO BE BOUND BY THESE TERMS.
YOU AGREE TO RECEIVE TEXTS/CALLS FROM OR ON BEHALF OF GLOBALCARE AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS/CALLS WILL INCLUDE REMINDERS AND UPDATES CONCERNING YOUR APPOINTMENTS. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 18, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND GLOBALCARE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1. Globalcare Service Overview
The Service provides a platform where users can access a network of independent foreign doctors and clinics outside of the U.S that have undergone a vetting process and who agree to offer certain healthcare services to eligible patients who travel to their clinics (“Provider(s)”). The Service also helps users manage their interactions with Providers, including by booking appointments; providing a technology platform for Providers to communicate with their patients; and other features the Globalcare makes available through the platform from time to time.
2. No Recommendations or Medical Advice
Globalcare is not a referral service and does not recommend or endorse any particular Provider. Rather, Globalcare is only an intermediary that provides selected information about Providers. You assume all responsibility in connection with choosing any Provider, whether or not you obtained information about such Provider on or through this site. We do not offer advice regarding the quality or suitability of any particular Provider for specific treatments or health conditions, and no information on this site should be construed as health or medical advice. The Provider information consists of statements of opinion and not statements of fact or recommendations to utilize the services of any specific Provider. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific Provider.
3. Medical Information
You may elect to supply certain medical information for the Service, including by requesting an appointment or submitting medical history information on behalf of yourself or a third party from whom you have authorization to provide such information. You can request (and in doing so, authorize) Globalcare to provide this information to your chosen Provider. You acknowledge and agree that such information will be reviewed and approved by you or someone authorized by you at the time of your appointment to ensure its accuracy. You also acknowledge that Globalcare may use the data or information you provide in accordance with our Privacy Policy.
4. Eligibility
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
5. Licenses
5.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Globalcare grants you, solely for your personal, non-commercial use, a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
5.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
5.3 Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Globalcare an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royaltyfree right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
6. Provider Payment Terms
Globalcare will provide high-level estimates for various types of procedures performed by our Providers. If you would like to receive quotes from Providers, you may supply additional information concerning your needs to Globalcare, who in turn, will send the information to relevant Providers to prepare a quote. The quotes are only estimates and the actual cost may vary. Globalcare may also offer non-clinical support services, such as travel concierge services. Payments for these add-on services will be separate from the quote and paid directly to Globalcare on the platform as additional services. If you elect to proceed with the Provider, you will supply your credit card information to Globalcare, and a hold will be placed on your account. Following the procedure, the Provider will specify the actual final cost which will be the amount Globalcare will charge the card on file. Globalcare will remit the collected payment for the medical services rendered by the Provider to the Provider. All payments are non-refundable unless otherwise specifically provided for in these Terms.
7. Credit and Debit Card Processing
Upon your selection of a Provider, your card issuing bank will place a hold on your debit or credit card for either the full or a partial amount of either the high-level estimate or, if you received one, the Provider quote. This hold will not be released by the issuing bank for up to five (5) business days after your appointment. You authorize us to place this hold against your credit or debit card to guarantee any and all charges and, in the event that you do not settle your account subsequent to your appointment, you hereby authorize us to charge your credit or debit card or apply funds you have on deposit with us against what you owe.
8. Cancellation
If you need to cancel, bookings need to be canceled at least fifteen (15) calendar days before the scheduled appointment, or you may be assessed a $99 USD cancellation fee. It is your responsibility to cancel on time to avoid unnecessary charges.
9. Ownership; Proprietary Rights
The Service is owned and operated by Globalcare. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Globalcare (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Globalcare or its thirdparty licensors. Except as expressly authorized by Globalcare, you may not make use of the Materials. There are no implied licenses in these Terms and Globalcare reserves all rights to the Materials not granted expressly in these Terms.
10. Third-Party Terms
10.1 Third-Party Services and Linked Websites. Globalcare may provide tools through the Service that enable you to export information to third-party services. By using one of these tools, you hereby authorize that Globalcare to transfer that information to the applicable third-party service. Third-party services are not under Globalcare’s control, and, to the fullest extent permitted by law, Globalcare is not responsible for any third-party service’s use of your exported information including payment processing services. The Service may also contain links to third-party websites. Linked websites are not under Globalcare’s control, and Globalcare is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any information with such thirdparty services. Once sharing occurs, Globalcare will have no control over the information that has been shared.
11. Communications
11.1 Text Messaging & Phone Calls. You agree that Globalcare and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Service, as well as marketing calls or messages. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING CALLS AND TEXT MESSAGES FROM GLOBALCARE, YOU CAN EMAIL SUPPORT@GETGLOBALCARE.COM OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL CALLS AND TEXT MESSAGES FROM GLOBALCARE, YOU CAN EMAIL SUPPORT@GETGLOBALCARE.COM OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE.
You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing calls and texts is not a condition of any purchase on or use of the Service.
11.2 Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
12. Prohibited Conduct
BY USING THE SERVICE, YOU AGREE NOT TO:
12.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;
12.2 harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
12.3 violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
12.4 access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Globalcare;
12.5 interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
12.6 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
12.7 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;
12.8 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 9) or any right or ability to view, access, or use any Materials; or
12.9 attempt to do any of the acts described in this Section 12 or assist or permit any person in engaging in any of the acts described in this Section 12.
13. Modification of Terms
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 13, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
14. Term, Termination, and Modification of the Service
14.1 Term. These Terms are effective beginning when you accept the Terms, first access, or use the Service, and ending when terminated as described in Section 14.2.
14.2 Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Globalcare may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by contacting customer service at support@getglobalcare.com.
14.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; and (c) all payment obligations accrued prior to termination and Sections 2, 3, 5.3, 9, 14.3, 15, 16, 17, 18, and 19 will survive. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.
14.4 Modification of the Service. Globalcare reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Globalcare will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
15. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Globalcare, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Globalcare Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any thirdparty right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
16. Disclaimers; No Warranties by Globalcare
16.1 THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. GLOBALCARE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. GLOBALCARE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND GLOBALCARE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
16.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR GLOBALCARE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE
THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE GLOBALCARE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA. GLOBALCARE IS NOT RESPONSIBLE OR LIABLE FOR ANY CONDUCT, PRODUCT, SERVICE, OR INFORMATION PROVIDED BY A THIRD PARTY. YOU AGREE TO RELEASE GLOBALCARE ENTITIES FROM ANY AND ALL CLAIMS AND LIABILITY THAT MAY ARISE FROM YOUR USE OF A SERVICE, PRODUCT, OR INFORMATION PROVIDED BY ANY THIRD PARTIES, INCLUDING THOSE PROVIDED BY YOUR PROVIDERS AS PERMITTED BY LAW.
16.3 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 16 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Globalcare does not disclaim any warranty or other right that Globalcare is prohibited from disclaiming under applicable law.
17. Limitation of Liability
17.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE GLOBALCARE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF,
OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON
THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY GLOBALCARE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
17.2 GLOBALCARE AND ITS LICENSORS, SUPPLIERS AND AFFILIATES, AND THE DIRECTORS, OFFICERS, AGENTS, AND REPRESENTATIVES OF EACH, ASSUME NO (AND HEREBY DISCLAIM ALL) RESPONSIBILITY OR LIABILITY OF ANY KIND, FOR ANY ADVICE, INFORMATION, PRODUCT, TREATMENT OR OTHER SERVICES RENDERED BY ANY PROVIDER, OR FOR ANY MALPRACTICE CLAIMS AND OTHER CLAIMS THAT MAY ARISE DIRECTLY OR INDIRECTLY FROM ANY SUCH ADVICE, INFORMATION, PRODUCT, TREATMENT OR OTHER SERVICES. YOU UNDERSTAND THAT THE MEDICAL SERVICES YOU RECEIVE FROM PROVIDERS IS PURSUANT TO LOCAL STANDARD OF CARE, WHICH MAY OR MAY NOT BE THE SAME AS THE STANDARD OF CARE PROVIDED IN THE UNITED STATES. NOTHING IN THIS AGREEMENT WILL BE CONSTRUED TO ALTER OR OTHERWISE AFFECT THE LEGAL, ETHICAL OR PROFESSIONAL RELATIONSHIPS BETWEEN AND AMONG YOU AND YOUR PROVIDER, NOR DOES ANYTHING IN THIS AGREEMENT ABROGATE ANY RIGHT, PRIVILEGE OR OBLIGATION ARISING FROM OR RELATED TO THE PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND YOUR PROVIDER.
17.3 EXCEPT AS PROVIDED IN SECTIONS 18.5 AND 18.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE GLOBALCARE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO US$100.
17.4 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18. Dispute Resolution and Arbitration
18.1 Generally. Except as described in Section 18.2 and 18.3, you and Globalcare agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GLOBALCARE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
18.2 Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
18.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 18 within 30 days after the date that you agree to these Terms by sending a letter to Globalcare Network, Inc., Attention: Legal Department – Arbitration OptOut, 12377 Merit Dr. Suite 550. Dallas TX. 75251 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Globalcare receives your Opt-Out Notice, this Section 18 will be void and any action arising out of these Terms will be resolved as set forth in Section 19.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
18.4 Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1800-778-7879, or by contacting Globalcare.
18.5 Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Globalcare’s address for Notice is: Globalcare Network, Inc., 12377 Merit Dr. Suite 550. Dallas TX. 75251. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Globalcare may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Globalcare will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
18.6 Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your [residence/billing address] unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your [residence/billing address]. During the arbitration, the amount of any settlement offer made by you or Globalcare must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
18.7 Arbitration Relief. Except as provided in Section 18.8, the arbitrator can award any relief that would be available if the claims had been brough in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Globalcare before an arbitrator was selected, Globalcare will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
18.8 No Class Actions. YOU AND GLOBALCARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Globalcare agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
18.9 Modifications to this Arbitration Provision. If Globalcare makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Globalcare’s address for Notice of Arbitration, in which case your account with Globalcare will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
18.10 Enforceability. If Section 18.8 or the entirety of this Section 18 is found to be unenforceable, or if Globalcare receives an Opt-Out Notice from you, then the entirety of this Section 188 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19.2 will govern any action arising out of or related to these Terms.
19. Miscellaneous
19.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Globalcare regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
19.2 Governing Law. These Terms are governed by the laws of the State of Texas without regard to conflict of law principles. You and Globalcare submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Dallas, Texas for resolution of any lawsuit or court proceeding permitted under these Terms.
19.3 Privacy Policy. Please read the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Globalcare Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
19.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
19.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
19.6 Contact Information. The Service is offered by Globalcare Network, Inc., located at 12377 Merit Dr. Suite 550. Dallas TX. 75251. You may contact us by sending correspondence to that address or by emailing us at support@getglobalcare.com
19.7 Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N.
Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-9525210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
19.8 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
19.9 International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
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