Last Revised: January 1, 2022
Wellfit Technologies, Inc.
PO Box 140309, Irving, TX 75014
With a copy to:
Wellfit Legal Department
Address: PO Box 140309, Irving, TX 75014
(855) 728-6587 (Business Hours: 7:00 am to 7:00 pm Pacific Standard Time)
Last revised on: January 1, 2022
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE OR SERVICES WILL BE GOVERNED AND INTERPRETED UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
THE GENERAL TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
These General Terms are a legal agreement between you ("you, "your") and Wellfit Technologies, Inc. (collectively, the "Company", "we", "our" or "us") and governs your use of our online portal, online bill pay, and/or mobile applications (each, an "Application" and the services available therein the "Services"). The Services enable patients (each, a "Member") and general users of our online bill pay (each, a "Bill Pay User") to pay for dental services in accordance with the treatment summary determined by their provider of dental services (each, a "Dental Provider") and approved by the Member or Bill Pay User. If applicable, the Member's or Bill Pay User's share of payment will be determined in accordance with the terms of their dental discount plan or a dental benefit plan offered by their employer (each, a "Plan"). Through the Services, the Dental Providers whose dental practices ("Sub-Merchants") have been approved by a Plan, if applicable, and the Company, may submit treatment summaries and costs to Members. Members then pay the Sub-Merchant for the Dental Provider's services through approved payment sources linked to the Member's Account. Sub-Merchants and/or Dental Providers may also identify certain individuals to have administrative or other practice user responsibilities ("Practice Users"). Bill Pay Users, Dental Providers, Members, Practice Users and any other individuals who use the Services are each referred to as a "User" for the purposes of the General Terms. The following General Terms apply to all Users. By using any of the Services, you agree to these General Terms and any policies referenced within, including terms that limit our liability (see Section 8) and require arbitration (see Section 11.1). You also agree to any additional terms specific to the Services you use, such as those listed below, which become part of your agreement with us. You should read all of our terms carefully. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT PERFORM ANY DENTAL SERVICES OR FUNCTION AS A DENTAL OFFICE.
If the General Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control. The General Terms and any applicable Supplemental Terms are referred to herein as the "Terms."
Please Note That The Terms are subject to change by THE Company in its sole discretion at any time . When changes are made, the Company will make a new copy of the General Terms available within the online portal or the online bill pay and any new Supplemental Terms will be made available from within, or through, the affected Service within the online portal or the online bill pay. We will also update the "Last Updated" date at the top of the General Terms. You acknowledge that the Company will not provide prior notice to the extent a change in terms or conditions is necessary to maintain or restore the security of an EFT or other system or account; provided, however, to the extent any change is permanent, notice will be given in accordance herewith. Any changes to the Terms will be effective immediately for new users of the Services and all Bill Pay Users and will be effective thirty (30) days after posting notice of such changes on the online portal for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the online portal or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 1.1 below). The Company may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE APPLICATION(S) TO VIEW THE THEN-CURRENT TERMS.
1.1 Account Creation . In order to access certain features of the Services you are required to become a Registered User. For purposes of the Terms, a "Registered User" is a User who has registered an account ("Account").
1.2 Registration Data . In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Service registration form (the "Registration Data"); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) at least eighteen years of age; and (ii) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You understand that the information you provide may be used by us to verify your identity as required by federal law. You are responsible for all activities that occur under your Account. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself or your dependents under eighteen years of age. You agree that you shall not have more than one Account per platform at any given time. The Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights. You agree not to create an Account or use the Services if you have been previously removed by the Company, or if you have been previously banned from any of the Services.
2. USE OF THE APPLICATIONS The Services are protected by copyright laws throughout the world.
2.1 Right to Use . Subject to your compliance with the Terms, the Company extends you the right to use the Services on a limited non-exclusive, non-transferable, revocable basis.
2.2 Certain Restrictions . The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other application, online portal or online bill pay (including images, text, page layout or form) of the Company; (c) you shall not use any metatags or other "hidden text" using the Company's name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from the Services; (f) you shall not access the Services in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not alter, remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update or other addition to the Services shall be subject to the Terms. The Company, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Services terminates the rights granted by the Company pursuant to the Terms.
2.4 Updates . You understand that the Services are evolving. As a result, the Company may require you to accept updates to the Services and any application that you have installed on your computer or mobile device. You acknowledge and agree that the Company may update the Services and any application with or without notifying you. You may need to update third-party software from time to time in order to use the Services.
3.1 Services . You agree that the Company and its suppliers own all rights, title and interest in the Services. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
3.2 Your Account . Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of the Company.
3.3 Feedback . You agree that submission of any ideas, suggestions, documents, and/or proposals to the Company through its suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that the Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services.
4. USER CONDUCT. You agree that you will not, under any circumstances:
4.1 Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Services;
4.2 Interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
4.3 Modify or cause to be modified any files that are a part of the Services;
4.4 Disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support the Services; or (ii) the enjoyment of the Services by any other person;
4.5 Disrupt or interfere with the security of, or otherwise cause harm to, the Services, systems, resources, accounts, passwords, servers or networks connected to or accessible through the Services or any affiliated or linked sites;
4.6 Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Company or any of the Company's providers or any other third party (including another User) to protect the Services;
4.7 Transmit any information to Company or via the Services that: (i) you do not have the right to transmit, under any law or contract; (ii) infringe any copyright, trademark, patent or other intellectual property right of any third party; or (iii) constitute unsolicited or unauthorized promotional material, spam, chain letters or pyramid schemes;
4.8 Link to the Services from any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful website, or any other website containing material which could be considered unlawful or might give rise to unlawful conduct; or
4.9 Otherwise use the Services in connection with any violation of law or contract.
6. Indemnification . You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the "Company Parties" ) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) your violation of the Terms; (b) your violation of any rights of another party, including any Users; (c) any disputes between you and your Dental Provider or other third parties in connection with your use of the Services, including but not limited to information you submit in the course of using the Services; or (d) your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Services. This provision does not require you to indemnify any of the Company Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND THE COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE APPLICATIONS (IF ANY) OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE APPLICATIONS (IF ANY) AND SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
8. Limitation on Liability
8.1 Disclaimer of Certain Damages . YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE APPLICATIONS (IF ANY) OR SERVICES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE APPLICATIONS (IF ANY) OR SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE APPLICATIONS (IF ANY) OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE APPLICATIONS (IF ANY) OR SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APPLICATIONS (IF ANY) OR SERVICES; OR (5) ANY OTHER MATTER RELATED TO THE APPLICATIONS (IF ANY) OR SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
8.2 Cap on Liability . UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50).
8.3 Third Party Content . THE COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY CONTENT AVAILABLE VIA THE SERVICES).
8.4 Exclusions . NOTWITHSTANDING THE FOREGOING, THE COMPANY DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY PARTY'S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
8.5 Basis of the Bargain . THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
9. Term . The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the Terms.
9.1 Termination of Employer Agreement . As a User who is a Member of an employer-sponsored Plan, you acknowledge and agree that your access and use of the Services is provided pursuant to an agreement between the Company and the Employer (a " Employer Agreement "). In the event the Employer Agreement is terminated at any time, the Company may elect either that (i) these Terms immediately terminate, or (ii) the Member's use of the Services is no longer subject to the Plan associated with the Member's former Employer, and any discounts or other benefits provided in such Plan.
9.2 Termination of Plan Agreement . As a User who is a Member of a Plan, you acknowledge and agree that your access and use of the Services is provided pursuant to an agreement between the Company or a Sub-Merchant and the Plan (a " Plan Agreement "). In the event the Plan Agreement is terminated at any time, the Company may elect either that (i) these Terms immediately terminate, or (ii) the Member's use of the Services is no longer subject to such Plan and any discounts or other benefits provided therein.
9.3 Termination of Terms by the Company . The Company may at any time and for any reason immediately and without notice, suspend or terminate these Terms, including if you have materially breached any provision of the Terms, or if the Company is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), the Company has the right to. You agree that all terminations for cause shall be made in the Company's sole discretion and that the Company shall not be liable to you or any third party for any termination of your Account.
9.4 Termination of Terms by You . If you want to terminate the Terms provided by the Company, you may do so by (a) notifying the Company at any time and (b) closing your Account that you use, if any. Your notice should be sent, in writing, to the Company's address set forth below. The Company disclaims any responsibility as to the impact your termination of the Terms has on your Employer or Plan relationship or agreement.
9.5 Effect of Termination . Termination of these Terms includes removal of access to the Services and barring of further use of the Services. Termination of these Terms also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), if any. All provisions of the Terms which by their nature should survive, shall survive termination of the Terms, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
10.1 Violations . If the Company becomes aware of any possible violations by you of the Terms, the Company reserves the right to investigate such violations. If, as a result of the investigation, the Company believes that criminal activity has occurred, the Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. The Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, in the Company's possession in connection with your use of the Services, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to your requests for customer service, or (4) protect the rights, property or personal safety of the Company, its Users or the public, and all enforcement or other government officials, as the Company in its sole discretion believes to be necessary or appropriate.
10.2 Breach . In the event that the Company determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Services, the Company reserves the right to:
(a) Warn you via e-mail (to any e-mail address you have provided to the Company) that you have violated the Terms;
(b) Notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
(c) Pursue any other action which the Company deems to be appropriate.
10.3 No Subsequent Registration . If your registration(s) with or ability to access the Services is discontinued by the Company due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Services or any Company community through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, the Company reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
11.1 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Notwithstanding the foregoing, however, you agree that you will not bring a class action claim in small claims court. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
(b) Notice Requirement and Informal Dispute Resolution . Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: PO Box 140309, Irving, TX 75014; Attention: Legal Department. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: National Registered Agents, Inc. of NV, 701 S. Carson Street, Suite 200, Carson City, NV 89701. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules ( "Arbitration Rules" ) governing the arbitration are available online at or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in Orange County, California, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If you initiate an arbitration in which you seek less than $500 in damages and comply with the Terms, including the Notice Requirement, the Company shall reimburse you for your AAA filing fee, and shall pay all administration and arbitrator fees up to a total amount of $500. If the Arbitrator grants you an award, the Company will reimburse your attorneys' fees.
(d) Additional Rules for Non-Appearance Based Arbitration . If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
(e) Authority of Arbitrator . If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
(f) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(g) Waiver of Class or Consolidated Actions . ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If , however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, then notwithstanding anything to the contrary in this Arbitration Agreement or Terms, neither you or the Company is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 11(m).
(h) Confidentiality . All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(i) Severability . If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(j) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(k) Survival of Agreement . This Arbitration Agreement will survive the termination of your relationship with the Company.
(l) Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
(m) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Orange County, California, for such purpose.
11.2 Consumer Complaints . In accordance with California Civil Code Â§1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
11.3 Electronic Communications; Phone Calls; Electronic Signature; Access .
(b) Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. The Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
(c) Retracting Consent . The foregoing does not affect your non-waivable rights. Your consent provided in Section 11.3(a) is not a condition to use of the Services. At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized User, you will have the ability to download and print any documents we send to you through your Account for a limited period of time (usually 30 days) after such documents were first sent to you. After such time, if you wish for us to send you paper copies of any such documents to you, you will be charged a $1.00 per page fee. You may request delivery of such paper copies from us by contacting us at: firstname.lastname@example.org or (855) 728-6587. If you decide to receive communications from us electronically or agree to the use of electronic signature, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. If you elect to receive communications only in paper format, you acknowledge that it will slow the speed at which we can complete certain steps in transactions with you and delivering Services to you. Your consent to electronic e-mail communications and signature may be withdrawn by contacting us at: email@example.com or (855) 728-6587 . You may opt out of receiving communications via SMS text or phone by updating your Account preferences . You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
11.4 Release . You hereby release the Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Applications, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor". The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for such party's fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.
11.5 Assignment . The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without the Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Company may freely assign these Terms as needed.
11.6 Force Majeure . The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
11.7 Questions, Complaints, Claims . If you have any questions, complaints or claims with respect to the Services, please contact us at: firstname.lastname@example.org or (855) 728-6587. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
11.8 Governing Law . The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
11.9 Notice . Where the Company requires that you provide an e-mail address, you are responsible for providing the Company with your most current e-mail address. In the event that the last e-mail address you provided to the Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, the Company's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to the Company at the following address: PO Box 140309, Irving, TX 75014, Attention: Wellfit Technologies, Inc, with a copy to: Wellfit Legal Department, PO Box 140309, Irving, TX 75014. Such notice shall be deemed given when received by the Company by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
11.10 Waiver . Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
11.11 Severability . If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
11.12 Export Control . You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by the Company are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Company products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
11.13 Entire Agreement . The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Dental Provider Supplemental Terms
If you are a Dental Provider, the following Supplemental Terms apply to you:
1. Fee Schedule . Dental Provider acknowledges that the schedule of fees ("Fee Schedule") listed for Dental Provider at a particular Sub-Merchant or for a particular Plan as set forth in Dental Provider's Account is the basis for the costs for certain specified dental procedures (each, a "Procedure") as generated for each Treatment Summary (defined below). Dental Provider is solely responsible for setting, maintaining, and updating the Fee Schedule as appropriate and in accordance with any applicable Plan rules.
2. Procedure Costs . The Services enable Dental Providers or their Practice User to present Members a financial presentation of costs, Employer contributions and Member discounts, if any, associated with each diagnosed Procedure (each, a "Treatment Summary"). The Employer contributions, Member discounts, and financial presentations displayed on the web portal are based on the Fee Schedule and other information provided by Dental Provider, the Plan and/or the applicable Member, the Company makes no representation or warranty with regard to the accuracy or completeness thereof. Dental Provider agrees to accept payment for the Services from the Member and Employer in accordance with the Member's Plan.
3. Payment . With respect to any Treatment Summary that a Member has approved and Dental Provider or Practice User has confirmed as complete via the Services, the Company will (or will cause its vendors to) use commercially reasonable efforts to collect as payment facilitator those amounts from the Employer and Member as set forth in the Treatment Summary, and will remit such collected funds to the applicable Sub-Merchant account, less any deductions, offsets or payment processing fee (as set forth in the Sub-Merchant Payment Services Agreement), as payment for the Dental Provider's services. You will not invoice the Member, directly or indirectly, except for a Member's unpaid share as determined under the Member's Plan, if applicable (provided that such invoices may, in a clear manner, identify those costs and expenses paid or payable by insurance or other third parties, as appropriate under applicable law). You acknowledge that no payment or portion thereof will be delivered to you until the Procedures in the Treatment Summary have been fully performed and such amount has been collected from the Employer, Member, or other third party. Such payments will be settled through the Services to the account of the Sub-Merchant at which the Procedures were performed, subject to the Sub-Merchant Supplemental Terms and all other applicable Terms. In the event you incorrectly or fraudulently notify the Company that any Procedure has been performed, you shall indemnify and hold the Company harmless from any and all claims, damages, liabilities, losses, penalties and settlements incurred by the Company with respect to such incorrect or fraudulent notification.
4. Payment Disputes . You acknowledge that all payments are conditional and subject to reversals and adjustments. The Company will notify you if any Member, Employer, or other third party disputes your performance of any Procedure or payments owed by a Member. The Company has the right to hold all amounts paid by a Member and the Employer, if any, with respect to such dispute, until: (i) the Member provides the Company with instructions to release the held amounts; or (ii) receipt of an order from a court of competent jurisdiction or binding arbitration.
. For the avoidance of doubt, your behavior and
interactions with your patients and our Members must conform to best practices
as well as all applicable laws, including HIPAA.
Sub-Merchant Supplemental Terms
If you, as a Dental Provider or Employer or other relationship, are the owner or officer of a Sub-Merchant, the following Supplemental Terms apply to you:
1. Account. You understand and agree that you may be required to register an Account for your business. Account registration requires you to submit to the Company certain information regarding your business, including the following:
You agree to immediately update your Account if there is any change in the foregoing information. A Sub-Merchant's registration for an Account and all documents received from Sub-Merchant shall constitute a "Sub Merchant Application".
2. Evaluation. The Company will review and evaluate each Sub-Merchant Application as set forth in the Sub-Merchant Payment Services Agreement.
3. Payment Services . You understand and agree that the payment services are governed by the Sub-Merchant Payment Services Agreement and by utilizing the payment services you agree to and are bound by the Sub-Merchant Payment Services Agreement. If the General Terms are inconsistent with the terms of the Sub-Merchant Payment Services Agreement, the Sub-Merchant Payment Services Agreement shall control. You acknowledge that all payments are conditional and subject to reversals and adjustments. You will pay the amount of any reversal or adjustment, and any associated fees or fines, to the Company immediately upon written notice thereof. The Company will have no liability or obligation to you with regard to reversals or adjustments and you must resolve any dispute directly with the applicable Member. The Company will not be responsible for processing any transaction or payment if Member does not have a currently valid payment method in the Sub-Merchant Application.
4 . Administrative User . Each Sub-Merchant must designate a Practice User who will have the ability to run reports and access general Sub-Merchant data. The Practice User shall also be responsible for the following:
5 . Compliance Requirements . By using the Services, Sub-Merchant agrees to comply with all applicable laws, rules, and regulations, including but not limited to the Operating Regulations (as defined in the Sub-Merchant Payment Services Agreement).
Member Supplemental Terms
If you are a Member, the following Supplemental Terms apply to you:
1. Account . If you are of at least eighteen (18) years of age, you understand and agree that you must register an Account for yourself and any dependents (under age eighteen (18)) to access the Services. Account registration requires you to submit to the Company certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card by an issuer accepted by us (each a "Payment Provider") or ACH transaction). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities with respect to such Payment Provider. You agree to immediately update your Account if there is any change in your billing address or the credit card or other method used for payment hereunder. The Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Application(s) or by e-mail delivery to you.
2. TEXT MESSAGING AND CALLS . By creating an Account, you agree that the Company or its authorized agent may send you informational text (SMS) messages, calls or e-mails to the phone number in your Account as part of the normal business operation of your use of the Services. The foregoing may include autodialed calls or messages for purposes of treatment authorization or other transactional or administrative use. You may opt-out of receiving text (SMS) messages or calls from the Company by updating your User settings in your Account. You acknowledge that opting out of text (SMS) messages or calls may impact your use of the Services, but is not a requirement for the use of the Services. Despite any opt-out, we may call you in the event of any disputes or any compliance, fraud or chargeback issues with any Payment Provider, or as needed for other administrative or transactional purposes.
4. Payment. You understand that use of the Services may result in charges to you for the dental services you receive from a Dental Provider ("Charges"). You agree to pay all Charges allocated to you via the Services for Treatment Summaries you have approved. You acknowledge that a Sub-Merchant may be required to pay the Company a percentage-based transaction fee on the gross amount of your Charges in consideration of the Company's payment processing services. You may approve a Treatment Summary by either (i) providing the Sub-Merchant with the CVV verifying the valid credit card accepted by the Services, or (ii) responding "Yes" via SMS to an SMS from the Sub-Merchant regarding the Treatment Summary. The Dental Provider may require you to sign additional documentation indicating your consent to the transaction. After the Dental Provider or Practice User has acknowledged full performance of the dental services listed in a Treatment Summary through your use of the Service, the Company will facilitate your payment of the applicable Charges. Payment of the Charges through the Services will be considered the same as payment made directly by you to the Sub-Merchant. All charges are due immediately and payment will be facilitated by the Company using the preferred payment method(s) designated in your Account. You may access your receipt through your Member Portal. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that the Company may, as the Sub-Merchant's limited payment facilitator, use a secondary payment method in your Account, if available. As between you and the Company, the Company reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in the Company's sole discretion.
The Company may be contacted regarding the Bank Account ACH Debit Authorization and any unauthorized ACH transaction at (855) 728-6587 or or the following address:
Wellfit Technologies, Inc.
PO Box 140309,
Irving, TX 75014
With a copy to:
Attention: Legal Department
PO Box 140309,
Irving, TX 75014
6. Background Checks and Reporting. You authorize the Company to perform background checks on you as necessary to: verify your identity; investigate the ownership of any bank accounts or other payment products you provide; and otherwise comply with any applicable laws or requirements of the Company's sponsor financial institutions. You authorize the Company to report and disclose your transaction information requested or required by any government, governmental agency, court, or sponsor financial institution.
7. Stop Payment . If you notify us within three (3) business days of receiving dental services of an Approved Treatment Summary to stop transfer of payment, to the extent such payments have not already been processed we will stop payment and provide information that such stop payment has been issued within fourteen (14) business days of the notification from the consumer.
8. Dispute. You agree to promptly notify us in writing if you dispute any Charges on your credit card or bank statement. Notification of errors related to ACH transactions must be made no later than sixty (60) days after the posting of the account statement reflecting the alleged error, or a notice of error from the Company (if any), and contain your name, account number, and details regarding the error (reasoning, type, date and amount of error). Billing disputes should be notified to the following email address or you may call (855) 728-6587
9. Additional Disclosures . You acknowledge and agree that you have received any additional Member disclosures on the online portal, as they may be updated from time to time.
Bill Pay User Supplemental Terms
If you are a Bill Pay User, the following Supplemental Terms apply to you:
1. Information You Submit . When you use our online bill pay, you will need to submit certain information to us about yourself and your payment information, such as credit card type, credit card number, and credit card expiration date (your "Bill Pay Information"), which we will use to process your payment. You are solely responsible for ensuring that the Bill Pay Information you submit is accurate, complete and current. Company shall have no liability to you or to any third parties in connection with the accuracy of the information you provide, including but not limited to your Bill Pay Information.
2. Payment Authorization. You authorize us to charge and/or debit the account submitted with your Bill Pay Information for the charges for services rendered by your Dental Provider. You also authorize us to share any information you submit, including but not limited to your Bill Pay Information, with your Dental Provider. You acknowledge and agree that we will use certain trusted partners, such as Vantiv, LLC, or Fifth Third Bank, or a successor thereof, or Visa, MasterCard, Discover or any other card organization or third party vendor to process your payments and manage your Bill Pay Information (all of the foregoing, the "Third Party Vendors"). You further acknowledge and agree that the Third Party Vendors processing your payments or managing your Bill Pay Information will receive information about you and your Dental Provider.
3. Responsibility for Payment. We will bear no responsibility for any unsuccessful charges or debits in connection with your use of the Services. In the event that any charges cannot be collected using your submitted Bill Pay Information, you will be solely responsible for providing payment in full to your Dental Provider.
Last Revised: January 1, 2022
Wellfit Technologies, Inc.
PO Box 140309,
Irving, TX 75014
With a copy to:
Wellfit Legal Department
Address: PO Box 140309, Irving, TX 75014
(855) 728-6587 (Business Hours: 7:00 am to 7:00 pm Pacific Standard Time)
3. A Note About Children . We do not intentionally gather personal information from visitors who are under the age of 13. If a child under 13 submits personal information to the Company and we learn that the personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any personal information from a child under 13, please contact us at: email@example.com.
4. Types of Data We Collect. We collect personal information from Users, as described below.
(a) Information You Provide to Us.
(i) We collect and store the information you give to us when using our Services. We may collect personal information from you and your dependents, including those dependents under age eighteen (18), such as first and last name, e-mail, home address, zip code, phone number, date of birth, username and password when you create an account to log in to our Services ("Account"), as well as your payment information when you use our online bill pay, such as credit card type, credit card number, credit card expiration date and billing zip code (your "Bill Pay Information"). If you purchase a Plan membership or pay for dental services through our Services, we collect and store information about the transaction for your future transactions. This can include your payment information (including credit card, HSA, FSA or ACH information), purchase activity and contact details.
(ii) If you are a Member, the information you upload about yourself, including your name, age, and gender, as well as the type of payment method(s) you have associated with your Account will be saved to your profile ("Profile").
(iii) To the extent necessary to provide the Services, a User's payment method or information may be disclosed to a trusted partner, such as Vantiv, LLC, or Fifth Third Bank, or a successor thereof, or Visa, MasterCard, Discover or any other card organization or third party vendor (all of the foregoing, the "Third Party Vendors").
In addition, we will collect each Member's treatment code(s) associated with any procedure you inquire about or obtain from any Dental Provider via the Services. As a Member, you acknowledge and agree that you and your dependents will share certain PHI with the Company during the course of the Services. Your PHI may be used by a Dental Provider to create a Treatment Summary, by Company for the approval of the Treatment Summary via SMS to the phone number listed in your Account, and via e-mail notifications to the e-mail address listed in your Account. To the extent necessary to deal with a dispute, chargeback, compliance case or other issue with a Third Party Vendor, Company may be required to share a User's PHI with such Third Party Vendor. In such event, only the minimum amount of PHI will be shared in order to resolve the dispute, chargeback, compliance case or other issue.
(iv) If you are a Dental Provider, we will collect the pricing information you make available via the Services regarding the costs of certain dental procedures ("Pricing Information").
(v) If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
(vi) If you sign up for our newsletter, we will collect your email address.
(vii) When you participate in any survey on our Services, we will collect your answers and add it to your profile.
(viii) If you participate in a sweepstakes, contest or other promotion on our Services, we may ask you for your e-mail address and/or home number (to notify you if you win or not). We may also ask for first and last name, and sometimes postal address to verify your identity. In some situations we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules for each sweepstakes and contest that you enter.
(ix) We also collect personal information at other points in our Services that state that personal information is being collected.
(b) Information Collected via Technology.
(ii) Mobile Services. We may also collect non-personal information from your mobile device if you have downloaded any of our Applications. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the Applications, and information about the type of device you use. In addition, in the event our Applications crash on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Applications.
(iv) Pixel Tags . In addition, we may use "Pixel Tags" (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies that are used to track online movements of Web users. In contrast to Cookies, which are stored on a User's computer hard drive, Pixel Tags are embedded invisibly in Web pages and emails. Pixel Tags also allow us to send e-mail messages in a format Users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our Users. We may use this information to reduce or eliminate messages sent to a user.
(c) Information Provided by Your Employer.
5. Use of Your Personal information
(a) General Use. In general, personal information you submit to us or provided by your Employer is used either to respond to requests that you make, or to aid us in serving you better. We will never sell your information. We may use your personal information to:
(b) Creation of Anonymous Data. We may create anonymous data records from personal information by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to analyze request, usage and treatment utilization patterns so that we may enhance the content of our Services and improve Application navigation. We reserve the right to use anonymous data for any purpose and disclose anonymous data to third parties in our sole discretion.
(a) Profile Information. If you are a Member, the information in your Profile will be accessible by your Employer or Plan as well as any Dental Provider with whom your Employer has approved to take part in your dental plan. In addition, the treatment code (the numerical number) associated with any dental treatment you inquire about or obtain from any Dental Provider will be accessible to such Dental Provider, your Employer and/or your Plan.
(b) Pricing Information. As an essential element of the Services, Pricing Information is by design available to the applicable Employer, Plan and Member associated with any Dental Provider's Account.
(c) Third Party Service Providers. We may share certain aspects of your personal information with third party service providers to: provide you with the Services that we offer you; fulfill your order or subscription for any products, services or other goods; conduct quality assurance testing; facilitate creation of accounts; provide technical support; and/or to provide other services to the Company.
7. Your Choices Regarding Your Information. You have several choices regarding use of information on our Services:
(b) SMS or Phone Call Communications. We may use the phone number in your Account to send you SMS text communications or phone calls. Such communications may involve treatment authorization, dispute or case grievances and resolution processes, or other administrative or transactional uses. You may indicate a preference to stop receiving such communications through your User settings in your Account. You acknowledge that refusal to communicate via SMS or phone may impact your use of the Services, but is not a requirement for the use of the Services. Despite any opt-out, we may call you in the event of any disputes or any compliance or chargeback issues with any Payment Parties, or as needed for administrative purposes.
(c) Changing or Deleting Your Personal Information . You may change any of your personal information in your Account by editing your settings within your Account or by sending an email to us at the address listed above. You may request deletion of your personal information by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives or backups. We may also retain your information for fraud prevention or similar purposes.
(d) Applications. You can stop all collection of information by an Application that is a mobile application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
(e) Do Not Track Signals. Some web browsers may transmit "do not track" signals to the websites and other online services with which your web browser communicates. There is no standard that governs what, if anything, websites should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard is established, we may revise our policy on responding to these signals.
8. Security . We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place physical, electronic and managerial procedures to safeguard and secure the information we collect online.