Mobile App Terms and Conditions

Pine Park Health Mobile Application Terms of Service

Purpose

These terms and conditions (the "Terms") constitute an agreement between you and Pine Park Health, Inc. on behalf of itself and its affiliates ("Pine Park Health", “We,” “Our,” “Us”).  These terms of use (“Terms”) govern your (i) use and access of the Pine Park Health Mobile Application; (the “App”); and (ii) use and access of our technology and applications.

Pine Park Health provides the App for both iPhone and Android.

The App allows users to:

• view health-related information about residents at their facility who are enrolled with Pine Park Health for primary care services
• communicate with our providers and our staff

Please read the following Terms carefully. By accepting these Terms and using the App, you agree to these Terms. If you do not agree, do not accept these Terms and do not use the App.

We may need to change these Terms or impose new conditions on the use of the App, from time to time, in which case we will inform you and post the revised Terms in the App. Please check these Terms periodically to inform yourself of any changes. By continuing to use this App, you accept these Terms, including any modifications made as of the date of your use.

PLEASE BE ADVISED: THESE TERMS CONTAIN PROVISIONS THAT REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST PINE PARK HEALTH TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION AS PROVIDED BELOW.

We also have a Privacy Policy, which you should read and may access by clicking on the following link: Privacy Policy.

If you have any questions, complaints, or claims with respect to the subject of these terms, you may contact us in writing at Pine Park Health, Inc., Attn: Legal, 1144 65th Street Suite F, Oakland CA 94608 or via email at partner-tech-support@pineparkhealth.com.

Copyright and Trademarks

This App contains material which is the property of Pine Park Health, and which is protected by United States and international copyright, trademark and other intellectual property laws. All content posted in this App is the sole and exclusive property of Pine Park Health. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way material from our App, including code and software underlying our App. Any unauthorized use of content terminates the foregoing license rights.

Information Collection

Personal Information

When you register for the App, we collect information that personally identifies you, such as your name, mobile telephone number, e-mail address and other information that you provide to us (“Personal Information”). You may be asked to provide us with certain Personal Information when you register to use the App, and at other times. The decision to provide this information is voluntary. However, if you choose not to provide the requested information, you may not be able to use the App.

To use the App, you will be required to  register your account with a phone number that is able to receive Short Message Service (SMS) messages. You agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the App; (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete; and (c) that you are older than 13 years old.

You agree not to: (i) use a phone number that you do not have sole rights to; (ii) use a phone number that, to your knowledge, is already used by another person; or (iii) use a phone number in which another person has rights without such person’s authorization. Pine Park Health has no obligation to verify the authenticity of any registration information, but reserves the right to refuse to create your account, to suspend or terminate your account, and/or to refuse any future account use if we are unable to verify the authenticity of your registration information or have reasonable grounds to suspect that any information provided by you is untrue, inaccurate, not current or incomplete.

You are responsible for maintaining the confidentiality of your account information in your control. Pine Park Health will have the right to rely upon any information received from any person using a password sent to your registered phone number and will incur no liability arising out of such reliance. Our use of any personally identifying information you provide to us as part of the registration process is governed by our Privacy Policy.

Usage Data

We automatically collect usage information that allows us to collect information regarding how users access and use the App (“Usage Data”). For example, when you download and use the App, we automatically collect information on the type of device you use and the device identifier (or “UDID”). We use this information to analyze trends, troubleshoot any user problems, and to enhance and update the App.

Message Data

Pine Park Health allows users to communicate with Pine Park Health staff via secure chat messages.

You agree that you will not upload or transmit any communications or content of any type that infringe upon, misappropriate or violate any rights of any party.

When you send or receive messages using the App, we may temporarily process and store your messages (“Message Data”). After its destruction, Message Data is permanently deleted and cannot be retrieved by Pine Park Health.

Biometric Authentication

You will be asked to enable biometric authentication. If you enable biometric authentication (e.g., iOS Face ID, Touch ID or Android Fingerprint) to sign on to the App, it is your responsibility to be aware that all faces or fingerprints set up on your device for such biometric authentication will be linked to your account associated with the App. If other people use the biometric authentication method enabled on your device, they may be able to gain access to your Pine Park Health account via the App and view information you and patients consider to be private. It is your responsibility to understand the risks of biometric authentication enabled on your mobile device.

You can stop using biometric authentication to sign on to the App at any time. You can elect this option by going to the settings in the App and turning off Face ID/Touch ID/Fingerprint.

Information Usage

We use the information we collect for internal purposes only. We do not sell or rent information about you. We will not disclose information to third parties without your consent, except as explained in this Privacy Policy.

Information Protection

Security

Pine Park Health is committed to protecting the security of your information. We employ what we believe are industry-best security measures designed to protect your information from unauthorized access. Regardless of efforts, no data transmission over the Internet or other network, including any of Pine Park Health’s services, can be guaranteed to be 100% secure. Accordingly, we cannot and do not guarantee the absolute security of any information you transmit on or through the App, and any information you transmit is sent at your own risk.

Compliance With Laws and Law Enforcement

Pine Park Health cooperates with government and law enforcement officials to enforce and comply with the law. We may, therefore, disclose Personal Information, Usage Data, Message Data, and any other information about you, if we deem that it is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process (such as a subpoena or court order) or enforceable governmental request; (b) enforce the Terms or the Services, including investigating potential violations thereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; or (d) protect against harm to the rights, property or safety of Pine Park Health, its users or the public as required or permitted by law.

Please be aware that we process and store all information in the United States. By using the Services, you agree that the collection, use, transfer, and disclosure of your information and communications will be governed by the applicable laws in the United States.

California Consumer Privacy Rights

If you are a California resident, you have certain privacy rights under the California Consumer Privacy Act (“CCPA Rights”). This section describes those rights and how you can exercise them.

Right to Know and Right to Deletion

You can request what personal information we have collected, used, disclosed, and sold in the preceding 12 months.  You can also request that we delete your personal information. We may not delete all of your personal information if one of the following exceptions applies:

• Transactional: to complete a transaction for which the personal information was collected, provide a good or service requested by you, or perform a contract we have with you;
• Security: to detect data security incidents;
• Error Correction: to debug or repair any errors;
• Legal: to protect against fraud or illegal activity or to comply with applicable law or a legal obligation, or exercise rights under the law, such as the right to free speech; or
• Internal Use: to use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information (i.e. to improve our services).

Please note that if we delete your personal information, the App will not work the same.

Right to Opt Out of Sales of Personal Information

Under the CCPA, you have the right to opt-out of the sale of your personal information. However, we do not sell your personal information and therefore do not provide any mechanism for you to exercise the right to opt-out.

Right to Non-Discrimination

You have the right not to be discriminated against for the exercise of your privacy rights under the CCPA.

How to Exercise Your Rights Under the CCPA

California residents may request what personal information we have collected or request us to erase that personal information not more than twice in a 12-month period. In order to verify your identity, Pine Park Health will need to collect information about you, including your name, telephone number, and email address. Any additional information you provide will be used only to verify your identity and not for any other purpose. In order to designate an authorized agent to act on your behalf, you must provide the authorized agent with written permission to do so, and your authorized agent must submit that written proof at the time they make the request on your behalf.

A California resident can make a personal information request in writing at Pine Park Health, Inc., Attn: Legal, 1144 65th Street Suite F, Oakland CA 94608 or via email at partner-tech-support@pineparkhealth.com.

Minors

Pine Park Health does not knowingly collect or maintain the personal information of children under 13. If we learn that we have collected any personal information of a child under the age of 13 without affirmative authorization under the CCPA or verifiable parental consent under the Children’s Online Privacy Protection Act (COPPA), we will delete that information from our files as quickly as possible. If you believe that we may have collected information of a child under 13, please contact us in writing at Pine Park Health, Inc., Attn: Legal, 1144 65th Street Suite F, Oakland CA 94608 or via email at partner-tech-support@pineparkhealth.com.

Breaches of these Terms and Conditions

In consideration of being allowed to use the App, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

• signing on as or pretending to be another person
• using secure chat messaging for any purpose in violation of local, state, national, international laws or posted Pine Park Health policies
• transmitting material that infringes or violates the intellectual property rights of others or the privacy or publicity rights of others
• transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including Pine Park Health personnel) or entity as determined by Pine Park Health in its sole discretion
• using interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others
• collecting information about others, including email addresses
• intentionally distributing viruses or other harmful computer code
• attempting to (1) probe, scan, "hack", or test the vulnerability of the App or any Pine Park Health system or network; or (2) breach any security or authentication measures in the App or any Pine Park Health system connected to the App
• using any "deep-link", "page-scrape", "robot", "spider", data mining tools, data gathering and extraction tools, or other automatic device, program, algorithm or methodology, to (1) access, acquire, copy or monitor any portion of the App, or (2) in any way reproduce or circumvent the navigational structure or presentation of the App
• "Jailbreaking" the operating system of a mobile device using the App

Pine Park Health expressly reserves the right, in its sole discretion, to terminate a user's access to any interactive services and/or to any or all other areas of the App due to any act that would constitute a violation of these Terms and Conditions. To the extent there is an inconsistency between these Terms and Conditions and the Pine Park Health Mobile Application Privacy Statement, these Terms and Conditions shall govern.

Communications by Text

You verify that any phone information provided to Pine Park Health is true and accurate, and that you are the current subscriber or owner of any telephone number that you provide.

The text message communications that you may receive from Pine Park Health may include (but are not limited to):

• A one-time, multifactor authentication (MFA) passcode sent to you to authenticate your logging onto the App

You acknowledge that neither Pine Park Health nor Carriers are liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to you from us. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

You acknowledge that you are aware text messages are not fully secure and could be intercepted by a third party and acknowledge if you share your mobile device with others, they may be able to view text messages sent by Pine Park Health. It is your responsibility to understand the risks of receiving text messages on your mobile device.

Access, Correction, and Data Integrity

Although we attempt to maintain the integrity and accuracy of the information in the App, we make no guarantees as to its correctness, completeness, or accuracy. The App may contain typographical errors, inaccuracies, or other errors or omissions. If you believe that information found in the App is inaccurate or unauthorized, please inform us by contacting our App Manager.

Deletion (Deactivation) of Your Account

If you request that we delete (deactivate) your account, we will block access to your account, but we will not delete any data or other information of the Pine Park Health application associated with that online account. You will not be able to use any Pine Park Health mobile application that uses the same user phone number associated with the online account.

Disclaimer of Warranties

THE APP, AND ANY CONTENT, INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE APP 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 OR NON­ INFRINGEMENT. YOUR USE OF THE APP IS VOLUNTARY, AND AT YOUR OWN RISK.

Limitation of Liability

Under no circumstances shall Pine Park Health, its subsidiaries, affiliates, agents, employees, directors, shareholders, or officers be liable for any direct, indirect, incidental, special or consequential damages of any kind, including, without limitation, loss of business or profits, loss of data, computer viruses, technical, hardware or software failures, lost or unavailable network connections, or failed, incomplete, garbled or delayed transmissions, arising from your use or inability to use the App, or the content, services, or hyperlinks made available on the App even if we have been advised of the possibility of such damages. You specifically acknowledge and agree that Pine Park Health is not liable for any defamatory, offensive, pornographic, or illegal content posted to the App or for the conduct of any third-party user of the App. If you are dissatisfied with the App, or the content or services provided thereon or with these Terms, your sole and exclusive remedy is to discontinue using the App. You agree to indemnify, defend and hold harmless Pine Park Health and its officers, directors, employees, agents, and shareholders from and against any and all injuries, damages, losses, liabilities, claims, judgments and settlements, including all reasonable costs, expenses and attorney’s fees arising from or related to any breach by you of these Terms or applicable law, your negligent or willful act or omission while using this App, or your infringement of the intellectual property rights of Pine Park Health or any third party content provider of the App.

Termination

These Terms may be terminated by User, without cause, upon seven (7) days’ prior written or emailed notice to Pine Park Health. In addition, Pine Park Health may cancel, suspend or terminate your right to use the App or a portion thereof at any time without notice, where permitted by law and the terms of any client service agreement related to Pine Park Health's in-home primary care services. In the event of suspension, or termination, you are no longer authorized to access the part of the App affected by such cancellation, suspension or termination.

The limitations imposed on you with respect to use of data or materials accessed on the App, and the disclaimers and limitations of liabilities set forth in these Terms, shall survive your discontinued use of the App. The agreement to Binding Arbitration Between You and Pine Park Health will survive any termination of these Terms or use of the App.

Entire Agreement

These Terms set forth the entire understanding and agreement between you and Pine Park Health with respect to your use and access to the App and supersedes all previous understandings and agreements between the parties, whether oral or written, in the event of any directly conflicting terms.  However, agreements outside the scope of the Agreement to Binding Arbitration Between You and Pine Park Health section below, will not be superseded by these Terms. Additionally, these Terms must be read in conjunction with any written agreements you may have with Pine Park Health.

Agreement to Binding Arbitration Between You and Pine Park Health

Scope

This section on Agreement to Binding Arbitration Between You and Pine Park Health will not apply to or supersede any existing arbitration agreement that Pine Park Health employees have voluntarily entered into, or other individuals have previously opted-in to, with Pine Park Health.

Optional Pre-Arbitration Negotiation.

In the event of any dispute, claim, question or disagreement arising from or relating to these Terms or the breach thereof, you and Pine Park Health may agree to attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days before initiating any arbitration or proceeding.  This time period may also be mutually extended by you and Pine Park Health. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must: (1) describe the nature and basis of the dispute, claim, question or disagreement; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

Agreement to Binding Arbitration.

YOU AND PINE PARK HEALTH MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”); but if the FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the State of California, including XYZ. This Arbitration Agreement survives after the Agreement terminates or your relationship with Pine Park Health ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Pine Park Health, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.

Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND PINE PARK HEALTH. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: these Terms, the App, your communications and relationship with Pine Park Health via the App, claims arising out of any consumer protection or privacy law, and claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act of 1974 (except for individual claims for employee benefits under any benefit plan sponsored by Pine Park Health and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND PINE PARK HEALTH ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

Class Action and Non-Individualized Relief Waiver

YOU UNDERSTAND AND AGREE THAT YOU AND PINE PARK HEALTH MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND PINE PARK HEALTH ARE BOTH WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST PINE PARK HEALTH, WHICH ARE ADDRESSED SEPARATELY IN THE SECTION ON “REPRESENTATIVE PAGA WAIVER.”

The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the interpretation, applicability, or enforceability of the Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (i) the dispute is filed as a class, collective, or representative action; and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief); then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible.

Representative PAGA Waiver.

Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (i) you and Pine Park Health agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (ii) for any claim brought on a private attorney general basis, including under the California PAGA, both you and Pine Park Health agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”).

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator.

If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.

Rules Governing the Arbitration.

Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”). The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Unless you and We otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and We submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties.

Arbitrator’s Decision.

The arbitrator will render a decision in accordance with the timeline specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the decision. The arbitrator may award declaratory or injunctive relief only in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim. The arbitrator’s award will be final and binding. The arbitrator may enter judgment on the arbitrator’s decision in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.

Arbitration Fees and Awards.

The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:

If Pine Park Health initiates arbitration under this Arbitration Agreement, Pine Park Health will pay all AAA filing and arbitration fees.

If your claim for damages does not exceed $75,000, we will pay all filing and arbitration fees unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

If you prevail in arbitration you may be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Pine Park Health will not seek, and hereby waive, all rights we may have under applicable law to recover attorneys’ fees and expenses if we prevail in arbitration unless the arbitrator has determined that the claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).

Location and Manner of Arbitration.

Unless you and Pine Park Health agree otherwise, any arbitration hearings will be conducted in the county where you reside.  If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. Your right to a hearing will be determined by the AAA Rules.

Exceptions to Arbitration.

This Arbitration Agreement shall not require arbitration of the following types of claims: (i) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the Representative PAGA Waiver section above is deemed unenforceable for such action by a court of competent jurisdiction under applicable law not preempted by the FAA; (ii) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; (iii) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA; and (iv) individual claims of sexual assault or sexual harassment. Where these claims are brought in a court of competent jurisdiction, Pine Park Health will not require arbitration of those claims. Pine Park Health’s agreement not to require arbitration of these claims does not waive the enforceability of any other provision of this Arbitration Agreement (including without limitation the waiver of class actions or non-individualized relief), or of the enforceability of this Arbitration Agreement as to any other dispute, claim, or controversy.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration. However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated your claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.

Opting Out of Arbitration for Future Claims.

If you have previously agreed to such an arbitration provision, you may opt-out of any revisions without affecting any previous, other or future arbitration agreements with Pine Park Health.  If you have not previously agreed to an arbitration provision, you may opt-out of this arbitration agreement in its entirety.

To opt out, you must send your request in writing with the date, your name, residence address, email address or phone number associated with your account, signature and a clear statement that you want to opt out of this arbitration agreement to Pine Park Health Inc., Attn: Legal, 1144 65th Street Suite F, Oakland CA 94608.

The opt out must be sent within 30 days of the date these terms become effective or your first use of the App, whichever is later.  You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt-out of this Arbitration Agreement.

General Provisions

These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without reference to its conflicts of laws rules. You agree that any action of whatever nature arising from or relating to these Terms of Use, the App, to the extent arbitration is not legally available, will be filed only in the state or federal courts located in California. You consent and submit to the personal jurisdiction of such courts for the purposes of any claim or action.

Any provision of these Terms that is held to be invalid or unenforceable will be read consistent with lawful, enforceable statements that achieve, as much as possible, the same objectives as the prior provision, deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these Terms shall continue in full force and effect.

Neither these Terms, nor any terms contained herein, shall be construed as creating or constituting a partnership, joint venture or agency relationship between the parties.