TERMS AND CONDITIONS
Last Updated: February 25, 2022
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Found does not provide any physicians’ or other providers’ services itself. We may provide you with access to one or more of the following independent medical groups who provide healthcare services through the Site or Platform: Pippen Health of California, P.C., Pippen Health of Texas, P.A., Pippen Health of Delaware, P.A. (the “Medical Groups”). All of the providers are independent of Found and use the Service as a way to communicate with you (the “Providers”). Any information or advice received from a provider comes from them alone, and not from Found. Your interactions with the providers via the Service are not intended to take the place of your relationship with your regular health care practitioners. Neither Found, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any professional advice obtained from a health care provider via the Service or for any other information obtained on the Platform. Found does not endorse any specific tests, physicians, medications, products or procedures that are recommended by providers that may use Found to communicate with you. You acknowledge that your reliance on any healthcare providers or information provided by the providers via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith. Our Service provides access to prescription fulfillment Services offered by the following pharmacy, among other pharmacies at your sole option: Postmeds, Inc. d/b/a TruePill, (the “Pharmacies”). By accepting this Agreement, you agree and acknowledge that any Services you receive from The Medical Groups, Providers and the Pharmacies through the Platform are also subject to this Agreement and that the Pharmacies, Medical Groups and Providers are third-party beneficiaries of this Agreement.
Found does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Service.
- Ownership of The Site And Related Materials
All pages within this Site and any material made available for download are the property of Found, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.
- Electronic Communications
When you use any Found Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
You agree to receive invitations, notifications, reminders and other communications from Provider and Found (and any of its affiliates or agents) through the Platform, or by email, text message (including any short message service), fax, phone or other method of communication. You agree and authorize Provider and Found to make such communications through use of an automatic telephone dialing system and/or an artificial or prerecorded voice message system (“Automated Messages”) at any of the contact information provided to Found or to Provider or to other service providers who are working with Found. You agree to immediately notify Provider or Found if there are any changes to your mobile phone number or other contact information.
Automated Messages may include (without limitation) an invitation to download and use the Platform. By using the Services, you acknowledge and understand that you may receive multiple messages per day, and that you are responsible for any message and data rates charged by your mobile carrier. These communications may not be secure (not encrypted). Unsecured communications pose a risk to the confidentiality and privacy of the information being sent because they might be intercepted by a third party. You can opt out of receiving Automated Messages at any time, including by contacting Found at email@example.com or replying “STOP” to an automated text message.”
- Notice Regarding Your Financial Responsibility for Services
Found, the Medical Groups, and the Providers are not enrolled with or a participating provider with any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any healthcare services or supplies and, as such, neither you nor Found, the Medical Groups, nor the Providers may receive payment from such programs for the services or products provided to you by Found, the Medical Groups, or the Providers. Further, to the extent that any of the Pharmacies, Medical Groups, or Providers may be enrolled in federal or state healthcare programs, the Platform and other means through which Found provides services and products currently precludes such services and products from being covered benefits under these programs. Thus, the costs of the products and services made available to you by Found and the Pharmacies, Medical Groups, and Providers are not eligible for payment under any federal or state healthcare program and you are solely responsible for the costs of any service or product provided to you.
By agreeing to use the Service, you acknowledge and agree that (1) you have sole financial responsibility for all services or products provided to you, and (2) neither you nor Found, the Medical Groups or the Providers may submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you.
- Subscription Products
All products available for purchase through the Service require that you purchase the product on a subscription basis. For subscription-based products, your payment device will be automatically charged at regular intervals as described for that product during the checkout process. You may cancel a subscription at any time up to forty-eight (48) hours before the applicable monthly processing date of your subscription by emailing firstname.lastname@example.org.
Members who opt-in for a long term prescription supply are committing to pay the associated membership fee(s) based on the medication supply length agreed upon.
In order to simplify the user experience on the Platform, you will only see and be required to pay a single “total” subscription price. However, if a subscription product you purchase required a consultation with a Provider and/or includes a prescription product that you fill through one of the Pharmacies, then the total price you pay includes the amount charged by the Pharmacy for the prescription drug and the amount charged by the Medical Group for the services of the Provider, as well as the amount we charge use of and access to the Platform. We collect the amounts charged by the Pharmacies and the Medical Groups on behalf of the Pharmacies and Medical Groups and pass the applicable amounts through to them.
- Prescription Products
Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the Platform, the Provider has determined the prescription product is appropriate for you and the Provider has written a prescription.
If a Provider determines a prescription product is appropriate for you and writes a prescription, you may fill it through one of the Pharmacies by using the Platform, or you may fill the prescription at any pharmacy of your choice as prompted during your use of the Service or by emailing email@example.com.
If you choose to use a pharmacy other than one of the Pharmacies, you acknowledge:
- Your medication may not be delivered directly to your door
- You must pay for your medication yourself, on top of the monthly Found membership fee, which will be more expensive
- You will email firstname.lastname@example.org within 24 hours of signing up with your pharmacy of choice’s name, address, and phone number so we can tell your doctor where to send the prescription
In this case, if you don’t email email@example.com within 24 hours of signing up with your pharmacy of choice’s name, address, and phone number, your Provider reserves the right to send your prescription to one of the Pharmacies to avoid delays with your order.
If you complete a consultation with a Provider and fill a prescription through one of the Pharmacies, the prescription product will be shipped to you by the applicable Pharmacy.
Prescriptions fulfilled by the Pharmacies may not use child-resistant packaging, and prescription products may not be dispensed in child-resistant containers.
- Eligibility; Availability
Please note that certain of our Services are not available to individuals in certain states. Additionally, the Services are limited to users located in the United States. Access to the Services from countries or territories or by individuals outside the United States or states where the Services are not available is prohibited. Certain products available through the Service are subject to additional age restrictions and not all products or Services on Our Platform are available to all ages.
We reserve the right to change or include new requirements or modify the availability of the Services in Our sole discretion without providing prior notice to you.
- Site Access, Security and Restrictions; Passwords
If you create a subscriber account for the Found Site, you agree to complete the registration process by providing current, complete, and accurate information as required by Found. You are responsible for all activities that occur under your account. In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Found at any time with or without cause.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Found will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
- Protected Health Information
The Medical Groups and Providers have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Information. By accessing or using any part of the Service, you are acknowledging receipt of the Notice of Privacy Practices from your Medical Group and Provider(s).
- No Medical Advice or Services
The Medical Groups provide the clinical services for Found. The Medical Groups are independent, physician-owned medical groups with a national network of United States based providers who provide clinical telehealth services. The Medical Groups provide clinical services via the Platform to customers of Found.
THE CONTENT OF THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. ALL INFORMATION PROVIDED BY Found OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY Found, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH Found MEDICAL EXPERTS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. THE SITE AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY Found, ITS CONTENT PROVIDERS, MEDICAL EXPERTS, CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK. WHILE Found FACILITATES YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH PHYSICIANS, Found DOES NOT PROVIDE MEDICAL SERVICES AND THE DOCTOR-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE HEALTHCARE PROVIDER YOU SELECT. ALL HEALTHCARE PROVIDERS IDENTIFIED OR ACCESSIBLE ON THE SITE ARE INDEPENDENT PROVIDERS AND ARE NOT EMPLOYED BY OR AFFILIATED WITH Found.
- License And Access
The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Found. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Found without our express written consent.
- Accuracy and Integrity of Information
Although Found attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Found so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Found shall have no responsibility or liability for information or Content posted to the Site from any non-Found affiliated third party.
- Links to Other Sites
Found makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Found site, please understand that it is independent from Found, and that Found has no control over the Content on that website. In addition, a link to a non-Found website does not mean that Found endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
- Terms of Sale
All products offered for sale by Found are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Service. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment. In connection with any purchase you make through the service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Found without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.
You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Service, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
We reserve the right to remedy any User issues and concerns on a case by case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.
Found will refund the most recent monthly payment of the membership fee in full to the payment method on file when:
1) membership is canceled within 5 days after the start of the billing cycle for which the payment was made;
2) the member has not received the initial physician's consult;
3) no medications or refills have been ordered.
Refunds will be credited to the payment method on file within 3-10 business days after membership cancellation.
This Cancellation and Refund Policy does not provide any implied warranty in addition to what may be provided under applicable law. Refunds are limited to one full or partial monthly payment of the membership fee and exclude coverage for any and all incidental and consequential damages arising out of or relating in any way to the Found Health, Inc. Weight Loss Program or the membership fee. Some States do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you.
This Cancellation and Refund Policy gives you specific legal rights, and you may also have other rights which vary from State to State.
Found Health, Inc., 555 California St., 3 rd Floor, San Francisco, CA 94104
(“Found”), is offering a Money-Back Guarantee. The product covered is the
Found Health, Inc. Weight Loss Program. The Money-Back Guarantee
covers a refund of three payments of the monthly membership fee over 3
monthly billing cycles. The guarantee extends to the holder of the form of
payment on file with Found Member Support at the time that a request for
reimbursement is made.
Eligibility for the Money-Back Guarantee requires that the new member:
- Meets membership eligibility requirements and becomes a member of Found at joinfound.com;
- Remains a member in good standing for 90 days beginning with and
including the day that membership is purchased (the “90 Day Period”).
Good standing requires:
- Maintaining a valid form of payment on file with Found Member Support for automatic payment of the monthly membership fee;
- Fully and truthfully completing all required on-site forms both prior to and after membership is established;
- The member’s responding to at least 9 weekly requests for a weigh in (the member’s reporting his or her weight) through text message or the Found app during the 90 Day Period;
- In addition to weigh-ins, the member’s responding by text message to at least 11 weekly messages from the member’s coach during the 90 Day Period.
If a new member is on the Rx Path, good standing also requires:
- The member’s completing at least one consultation with the assigned physician resulting in medication being prescribed during the 90 Day Period;
- Filling out the initial medication form and the medication refill form during the 90 Day Period;
- The member’s taking the medication as prescribed.
The warranty period commences on the 91 st day of membership and
continues for 30 days. To request the refund of the three payments of the
monthly membership fee:
- If the member is on the Rx Path, do not request a 90 day prescription medication refill;
- Initiate a money-back request via email to firstname.lastname@example.org no earlier than the 91 st day of membership and within 30 days thereafter.
If eligibility requirements were met and the member was in good standing at
the time of the request, the refund will be credited to the form of payment on
file within 14 days after the request is made.
All implied warranties, including warranties of merchantability and fitness for a
particular purpose, are limited in duration to the length of this warranty. Some
States do not allow limitations on how long an implied warranty lasts, so the
above limitation may not apply to you.
The limited warranty coverage is limited to a refund of three monthly
payments of the membership fee and excludes coverage for any and all
incidental and consequential damages arising out of or relating in any way to
the Found Health, Inc. Weight Loss Program or the monthly membership fee.
Some States do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to
If the membership is terminated prior to the 90th day either by the member or
by Found due to a failure to comply with the Terms and Conditions, any
refund request will be denied, and full monthly fees for the duration of
membership will be charged.
This warranty gives you specific legal rights, and you may also have other
rights which vary from State to State.
- User Information
If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Found and its Providers that you have the legal right and authorization to provide all User Information to Found and its Providers for use as set forth herein and required by Found and the Provider.
- Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Found respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Found’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to email@example.com.
- Disclaimer of Warranties
Found DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. Found DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. Found DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
- Limitation of Liability Regarding Use of Site
Found AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF Found TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $10000 (TEN THOUSAND DOLLARS).
- Binding Arbitration / Class Waiver
YOU EXPRESSLY AGREES THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND Found OR YOU AND ANY OF THE Found PARTIES OR ANY MEDICAL GROUP OR PROVIDER ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO Found, THE SITE, THE PLATFORM THE CONTENT OR THE SERVICES, OR ANY OTHER Found GOODS, SERVICES OR ADVERTISING, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Found will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Found also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
The arbitration shall be conducted in San Francisco, California, except that, in the event San Francisco, California is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and Found agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in San Francisco, California, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in San Francisco, California, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco, California for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.
You can opt out of the provisions of this Agreement that require the arbitration of Disputes within 30 days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with Found. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with Found to: Found Health, Inc., 1 Letterman Dr C3500, San Francisco, CA 94129 ATTN: Arbitration Opt-Out.
Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your User account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be mailed to Found Health, Inc., 1 Letterman Dr C3500, San Francisco, CA 94129, ATTN: Dispute Notice. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in this Agreement, if we make any future material modification to any provisions of this Agreement that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of this Agreement that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at Found Health, Inc., 1 Letterman Dr C3500, San Francisco, CA 94129 ATTN: Arbitration Opt-Out within 30 days of the effective date of such modifications.
- Governing Law; Venue
- Force Majeure
- Right to Modify Revisions; General
- Right to Modify Revisions; General