Effective date: January 14th, 2026
These Terms of Use ("Terms"), which include an agreement to arbitrate and consent to electronic communications, govern your access to and use of services provided by Lavela Health Inc. ("Lavela", "we", or "us" ), including the Lavela website located at www.lavelahealth.com ("Site"), communication services, and other technology or non-clinical personal services or content provided by Lavela (collectively, the "Services"). Please read these Terms carefully before using the Services. By accessing or using the Services you agree to be bound by these Terms. If you are accepting these Terms for another person ("Family Member") as such Family Member's parent, guardian, conservator, or custodian, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member. If you do not accept and agree to be bound by these Terms in their entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Services or any information or content provided through the Services, except as necessary to review these Terms.
Lavela provides practice management services to Lavela Provider Network CA, P.C., a California professional corporation (the "Provider Group"), that employs or contracts with physicians, allied health professionals, and other licensed professionals who offer certain medical and professional clinical services through the Site (collectively, "Providers"). These Terms govern your access to and use of the non-clinical Services offered by Lavela. If you and/or your Family Member use professional clinical services provided by Provider Group you understand and agree that you, and your Family Member, are bound both by and subject to these Terms and the Patient Agreement (included below). Please read the Patient Agreement carefully before receiving any clinical services, including telehealth services, from any Provider.
Please refer to our Privacy Policy to learn how Lavela collects, uses, shares and protects your personally identifiable information.
YOU AGREE THAT DISPUTES BETWEEN YOU AND LAVELA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION 12 BELOW. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 12.
IF YOU HAVE A MEDICAL EMERGENCY OR FOR ANY LIFE-THREATENING MATTER, IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. THESE TERMS ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.
Lavela may, in its sole discretion, without prior notice to you, revise these Terms at any time. Should these Terms change materially, Lavela will update the Effective Date noted above and post a notice regarding the updated Terms. If you do not agree with the proposed changes, you should discontinue your use of the Services before the effective date of the changes. If you continue using the Services after the Effective Date, you will be bound by the updated Terms.
You may use the Services only if you are 18 years or older (except as otherwise permitted by the laws of the state in which you are located if younger than 18, or such higher age of majority under applicable state law) and solely for your own personal, non-commercial use, or on behalf of your Family Member for their personal, non-commercial use of the Services with your supervision. To access certain features of the Services or to become a subscriber, you will have to create an account via the Site. Parents and guardians must register on behalf of any individual minor, representing and warranting to us that you are the parent or legal guardian for such minor and have all legal power and authority to provide consent for the use of the Services by such minor.
When registering for an account with Lavela, it is important that you provide us with accurate and complete information for your account, and update such information as needed. You are responsible for protecting your account username and password, and for all activities that occur under your account. You should immediately notify us of any unauthorized use of your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be responsible for any loss or damage if you do not protect your account or your personal information.
You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities to enable use of the Services, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Services. Lavela reserves the right to change the access configuration, including any software, hardware or other requirements of the Services at any time without prior notice.
Lavela is a health care management and technology company that, in addition to providing management services to the Provider Group, makes available to individuals who register as users of the Services certain non-clinical products and services designed to help individuals navigate reproductive loss. To the extent you become a patient of the Provider Group, Lavela will provide you with technological and administrative services (such as access to your medical information) associated with that relationship.
Lavela acts solely as a technology and wellness platform to provide you with products and services offered through the Services, including, at your option, connecting you with the Provider Group and its Providers who offer certain therapy and other clinical professional services through the Site. Lavela does not supervise, direct, control, monitor or interfere with the practice of medicine, psychology, or any other clinical professional services by the Providers. Provider Group is solely responsible for the professional services provided to you. By accepting these Terms, you acknowledge and agree that Lavela is not a provider of medical, psychology or other clinical professional services and that by using the Services you are not entering into a doctor-patient or other health care provider-patient relationship with Lavela. By using the Services, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with Provider Group and/or one or more of the Providers.
Certain products or services available through the Services may be subject to age or other restrictions, and therefore not available to all.
The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.
Certain of our Services may be subject to payments now or in the future (the "Paid Services"). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your account on the Services (your "Billing Account") for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe's Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment method (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
You may terminate your use of the Services by not using the Services anymore.
Lavela reserves the right to terminate, suspend and/or deactivate your account with Lavela and/or terminate your use of any of our features or services at any time and for any reason by sending notice to you at the email address you provided or otherwise contacting you or posting a notice on the Services. If we terminate your use of the Services because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refund of amounts paid. We are not required to provide you with notice prior to terminating your use of the Services or a reason for such termination, except as required by applicable law.
You agree that if your use of the Services is terminated by Lavela pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold Lavela, the Provider Group, and our and their affiliates harmless from any and all liability that any such parties may incur with respect thereto.
You agree that Lavela may send the following to you by email or by posting them on our Site: (i) legal disclosures; (ii) these Terms, including the Privacy Policy; (iii) the Patient Agreement; (iv) future changes to any of the above; and (v) other notices, policies, communications or disclosures, and information related to the Services, including any communications made by Lavela on behalf of the Provider Group and its Providers.
You agree that Lavela may contact you via messaging, email, phone, text, or mail regarding the Services, including communications from Lavela pertaining to your care and your health, which may include you or your Family Member's health information. By using the Services you also agree that, to the extent you establish a relationship with the Provider Group, the Provider Group and the Providers may send you emails, reports, and messages, including through the Site, regarding the professional services provided to you by the Providers. You understand that communication via email, text messages, and other electronic means selected by Lavela may not be secure and could be viewed by unintended persons, and you agree and consent to the exchange of such communications between you and Lavela via these electronic means. You agree to update your contact information to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and Lavela. By signing up for the Services and providing us with your wireless number, you confirm that you want Lavela to send you information that we think may be of interest to you, which may include Lavela using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Lavela, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Lavela.
If you later decide that you do not want to receive certain future communications electronically, you may opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Lavela. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.
However, Lavela will need to send you certain communications electronically regarding the Services that you will not be able to opt out of– e.g., communications regarding updates to the Terms or information about billing.
Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by you.
The Services and the information and content available through the Services are protected by copyright laws throughout the world. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services, including any information and content contained therein, solely for your personal and non-commercial purposes. Your use of the Services must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in the Services.
You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in the following manners:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including Lavela's) rights. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
Lavela and our licensors retain all ownership rights, title and interest (including all intellectual property rights) worldwide to the Services, including to all software and content. No rights are granted to you other than as expressly set forth in these Terms. All trademarks, service marks and trade names are owned by Lavela or other respective owners.
Anything you post, upload, share, store, or otherwise provide through the Services is your "User Submission". Some User Submissions may be viewable by other users, but only if you authorize such disclosure. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.
In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). For all User Submissions, you hereby grant Lavela a license to translate, modify (for technical purposes, for example, making sure your content is viewable on a mobile device as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Lavela account, in a manner that is not viewable by any other user except you (a "Personal User Submission"), you grant Lavela the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission in a manner that only certain specified users can view (for example, a private message to one or more other users) (a "Limited Audience User Submission"), then you grant Lavela the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a "Public User Submission"), then you grant Lavela the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Lavela users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Lavela's business. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when you delete your Lavela account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Lavela's records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren't liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
In accordance with the DMCA, we've adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.
Please contact Lavela's Designated Agent at the following address:
Lavela Health Inc.
Attn: DMCA Designated Agent
149 S. Barrington Avenue, #134
Los Angeles, CA 90049
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Lavela is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Lavela, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF OR INABILITY TO USE THE SERVICES, OR RESULTING FROM ANY CONTENT POSTED ON THE SERVICES.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, AND WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
Any general advice that may be posted on the Services, including information posted on the Lavela Site, is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the general information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require medical advice, you should consult with an appropriately trained and qualified medical services provider.
The Services are intended for use only within the United States. We make no representation that the Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE SERVICES WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 OR THE AMOUNTS PAID BY YOU TO US FOR ACCESS TO AND USE OF SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
If you are dissatisfied with the Services, your sole and exclusive remedy is to stop using the Services and cancel your account with Lavela (if applicable).
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an "IP Protection Action"). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration ("Arbitration Opt-out Notice") by email at support@lavelahealth.com or by regular mail to Lavela at 149 S. Barrington Avenue, #134, Los Angeles, CA 90049 within thirty (30) days following the date you first accept these Terms, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. If you don't provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in Los Angeles County, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in California. All other claims will be arbitrated. This "Dispute Resolution" section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys' fees and expenses if we prevail in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding anything to the contrary in these Terms, if we change this "Dispute Resolution" section after the date you accepted these Terms or access our Services, you may reject any such change by sending us written notice (including by email to support@lavelahealth.com) within 30 days of the date such change became effective, as indicated in the "Effective Date" listed at the beginning of these Terms or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this "Dispute Resolution" section as of the date you accepted these Terms or accessed our Services.
No Dispute arising under or in connection with these Terms, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.
The Services may contain links to other sites that are owned and operated by third parties. We are not responsible for the privacy and security practices, or the content, advertising, products, services or other materials made available on or through any such linked sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of any kind by us. It is your decision whether to connect to third party applications or access third party websites.
Upon a request by us, you agree to defend, indemnify, and hold harmless Lavela, and its representatives and agents, as well as the Provider Group and the Providers, from all liabilities, claims, damages (actual and consequential), demands, and expenses, including reasonable attorney's fees, that arise from or are related to (a) your use of the Services; or (b) the violation of these Terms; or (c) the violation of any intellectual property or other right of any person or entity; or (d) by any person using your account credentials without authorization. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
These Terms and any supplemental terms, policies, rules and guidelines posted through the Services, each of which are incorporated herein by reference, including the Privacy Policy and Patient Agreement (if applicable), constitute the entire agreement relating to your use of the Services between you and us and supersede all previous written or oral agreements. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
These Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions.
We may change, suspend, or discontinue any of the Services at any time. We will try to give you prior notice of any material changes to the Services. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
These Terms do not confer any third-party beneficiary rights. You may not transfer, assign, or delegate these Terms or any of your rights or obligations under these Terms to anyone else without our consent. Lavela may transfer, assign, and delegate these Terms and our rights and obligations in our sole discretion and without your consent.
We appreciate your feedback, suggestions, and other communications (collectively, "Feedback") about the Services. You may submit Feedback by emailing us, reaching out to our social networking accounts, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such Feedback for any purpose, without compensation to you.
Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination, including but not limited to the provisions of these Terms concerning the Services security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and Dispute resolution, indemnity and jurisdictional issues.
In the event any one or more of the provisions of these Terms shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of these Terms shall be unimpaired. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of these Terms remain in full force and effect and enforceable.
In order to protect the integrity of the Services, we may, at any time in our sole discretion, block users from certain IP addresses from accessing the Services.
If you have any questions about these Terms, please contact support@lavelahealth.com.