Texture Health Terms of Use

TEXTURE HEALTH

TERMS OF USE 

Texture Health, LLC (hereinafter “Texture Health”, “we” or “us”) operates one or more websites (the “Website”) to provide technology solutions that enable health systems to improve patient outcomes and reduce costs of care. 

Acceptance of the Terms of Use  

These terms of use are entered into by and between you (“you” or “user”) and Texture Health. The following terms and conditions, together with our Privacy Policy, incorporated herein by reference (collectively, these “Terms of Use”), govern your access to and use of the Website, including any content, functionality and services offered on or through Texture Health’s Website.  These terms of use apply however the Website is accessed or used, whether through personal computers, mobile devices or otherwise, and includes any applications or other downloads from Texture Health.

Please read the Terms of Use carefully before you start to use the Website or any services, content, information, or goods provided through or in connection with the Website. By using this Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

The Website is offered and available to users who are 18 years of age or older and reside in the United States of America or its territories.  By using this Website, you represent and warrant that you are of legal age to form a binding contract with Texture Health. If you are not 18 or older, you must not access or use the Website.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF MEDIATION OR ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTION LITIGATION.

Changes to the Terms of Use  

Texture Health may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. The revised Terms of Use will apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the Dispute Resolution section of these Terms of Use will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website.

Access to the Website and Account Security  

To access the Website and its content, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the as part of your registration is correct, current and complete. You agree that all information you provide as part of your registration is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy

You must treat your user name, password or any other piece of information provided as part of our security procedures, as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. We strongly recommend that you not access the Website from a public computer.  If you must do so you should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights  

All rights, title and interest in and to the Website, including its content and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein (the “Content”) shall remain with Texture Health and/or Texture Health’s licensees, licensors and any other providers of material to the Website; no ownership interest is transferred to users or any other entity by virtue of making the Content available in the Website.

Except as set forth below, these Terms of Use permit you to use the Website only for your personal, noncommercial use. You must not reproduce, modify, distribute, download, store, transmit or otherwise use the material on the Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website Content for you own personal non-commercial use and not for further reproduction, publication or distribution.
  • If we make desktop, mobile or other applications available for download, you may download a single copy to your computer and mobile device solely for personal, noncommercial use, providing you agree to be bound by our end user license agreement for such applications,

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: compliance@texturehealth.com

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of Website or its Content in violation of these Terms of Use, your right to use the Website will cease immediately and you must, at Texture Health’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any Content on the Website is transferred to you, and all rights not expressly granted are reserved by Texture Health. Any use of the Website not expressly permitted by these Terms of Use is a violation of these Terms of Use and may violate copyright, trademark and other laws

Prohibited Uses 

You must not use the Website:

  • for an unlawful purpose or activity; (including, without limitation, any laws regarding the export of data or software to and from the US or other countries and the limitations imposed by HIPAA-HITECH); 
  • to infringe or facilitate the infringement of any copyright, patent or other intellectual property right;
  • in violation of these Terms of Use;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use;
  • to impersonate or attempt to impersonate Texture Health, a Texture Health employee, another user or any other person or entity;
  • in a manner causing or creating a material risk of harm to the Website, Texture Health or its subcontractors, its clients, another user, or any other third party;
  • to engage in any other conduct that restricts or inhibits anyone’s use of the Website or which, as determined by us, may harm Texture Health or users of the Website or expose them to liability;
  • to provide materially false information for purposes of being authenticated, authorized or identified as a user;
  • to pursue any purpose or engage in any activity that may be illegal, cause harm to any person’s rights or property, or cause harm to individual or public health or safety; or
  • to defame, abuse, harass, stalk, threaten or otherwise violate another person’s legal rights (such as rights of privacy and publicity).

Additionally, you agree not to:

  • use the Website or any device used to access it in any manner that could disable, overburden, damage, or impair the proper working of or access to or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  • use any manual process to monitor or copy any of the material on the Website or for any purpose without our prior written consent;
  • use any device, software, process or means that interferes with the proper working of the Website;
  • introduce any viruses, trojan horses, worms, malware, logic bombs or other material which is malicious or technologically harmful;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, any Website Content, or any server, computer or database connected to the Website; or
  • attack the Website or otherwise attempt to interfere with the proper working of the Website.

Content Conditions and Usage

The Content of this Website, such as text, graphics, images, and other material contained on the Website are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. This Website does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. 

Reliance on any Content provided by this Website is solely at your own risk.  Texture Health is not responsible, or liable to you or any third party, for the content or accuracy of any Content presented on the Website.  Texture Health does not warrant the accuracy, completeness or usefulness of the Content.  Texture Health disclaims all liability and responsibility arising from any reliance placed on the Content by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Website Records. Texture Health will maintain records relating to the operation of the Website, as Texture Health determines appropriate. Texture Health will not maintain, and will not be responsible for maintaining, records of the Content furnished to or accessed through the Website by you or any other user, or for inspecting any Content.

Texture Health Copyright Policy

Texture Health respects intellectual property rights and takes claims of copyright infringement seriously. All users of this Website and any other websites controlled by Texture Health are required to comply with applicable copyright laws. This Website accommodates and does not interfere with copyright holders’ standard technical measures to protect intellectual property. We will take action upon infringing material, including removal of or disabling access to such material, if we have actual or constructive knowledge of infringement or if we receive notice from a copyright holder alerting us to copyright infringement.

Take-Down Notice Procedures

If you believe materials accessible on or from this Website infringe your copyright, you may request removal of or denial of access to such materials by submitting written notification to our Copyright Agent designated below. Texture Health will respond promptly to any claim of infringement in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Written notice (the “DMCA Notice”) to Texture Health must substantially include the following:

Your physical or electronic signature.

  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Failure to include each of these elements in your DMCA Notice as required by Section 512(c)(3) of the DMCA may constitute an ineffective notice upon which no action will be taken.

Notices and counter-notices must be sent in writing to Texture Health’s DMCA agent as follows:

Gail Vijuk, Controller
Texture Health, LLC
939 W. North Avenue, Suite 850
Chicago, IL  60642
312.274.0126

DMCA@texturehealth.com


Please submit only legitimate claims for copyright infringement in your DMCA Notice. Knowingly submitting a false DMCA Notice may result in your being held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. If you are unsure whether material available on our Website infringes your copyright, you should contact an attorney before submitting a DMCA Notice.

Take-Down Notification to Alleged Infringer and Counter-Notices

If we remove or disable access to material in response to an effective DMCA Notice, we will make a good-faith attempt to contact the user who generated such material so that such user may file a counter-notification with us (a “Counter-Notice”) pursuant to Sections 512(g)(2) and (3) of the DMCA. If you are submitting a Counter-Notice, it must substantially include the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement, under penalty of perjury, that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service of process from the person (or an agent of that person) who provided the Website with the complaint at issue.

All Counter-Notices should be sent to our Copyright Agent. Please submit only legitimate Counter-Notices. Knowingly submitting a false Counter-Notice may result in your being held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Upon receipt of a Counter-Notice, we will promptly provide the sender of the DMCA Notice with a copy of your Counter-Notice. Then, we will replace the removed material or cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter-Notice, unless our Copyright Agent first receives notice from the sender of the DMCA Notice that such person has filed an action seeking a court order to restrain the person engaged in the allegedly infringing activity from doing so on our Website.

Changes to the Website 

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

We will attempt to provide notice of changes to the Website that affect its operations, features and functionality of the Website. 

Information About You and Your Visits to the Website 

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

If you link to the Website, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The Website shall not be linked to a social media website or account without the express written permission of Texture Health. You agree to cooperate with us in stopping any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice.

Links to Other Websites 

Through the Website, users can access other websites or applications owned or controlled by third-parties.  Texture Health is not responsible for the privacy policies or content of those websites. The use and collection of information by these third-parties is governed by their respective privacy statements and is not covered by these terms of use.  Access and use of such websites, including the content, information or services on those sites, is solely at your own risk. Texture Health makes no guarantee and disclaims any implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness of these third-party websites, the information contained in them or the products or services they provide. The use those third-party websites may subject you to separate binding agreements and privacy statements. These Terms of Use do not apply to your interactions on those other websites. 

Geographic Restrictions  

Texture Health is based in the state of Illinois. We provide this Website for use only by persons located in the United States.  Access to the Website may not be legal by certain persons or in certain countries. Do not access the Website from outside the United States. 

Limitation/Disclaimer of Liability

NEITHER TEXTURE HEALTH NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS SHALL BE HELD LIABLE FOR ANY IMPROPER OR INCORRECT USE OF ANY OF THE CONTENT AND ASSUME NO RESPONSIBILITY FOR ANYONE'S USE OF THE INFORMATION. USER IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTIONS OR OMISSIONS TAKEN OR MADE BY USER IN RELIANCE ON OR IN CONNECTION WITH ACCESS TO THE WEBSITE OR THE CONTENT THEREIN. 

TEXTURE HEALTH CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.

TEXTURE HEALTH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT. Texture Health HAS NO RESPONSIBILITY OR OBLIGATION TO REPLACE ANY HARDWARE, SOFTWARE OR MEDIA DAMAGED BY ACCESS TO, OR ACCIDENT, ABUSE OR MISUSE OF THE WEBSITE OR THE CONTENT THEREIN.

IN NO EVENT SHALL TEXTURE HEALTH OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS,  BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR ANY OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF Texture Health, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBCONTRACTORS, CUSTOMERS, AND ITS VENDORS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE FEES PAID BY YOU SOLELY FOR THE RIGHT TO USE THE PARTICULAR INFORMATION OR SERVICE PROVIDED BY Texture Health HEREUNDER OR $25.00, WHICHEVER IS GREATER. 

You acknowledge and agree that the limitations set forth above are fundamental elements of this Agreement, and neither the Website nor the Content would be provided to you absent such limitations. 

Disclaimer of Warranties

TEXTURE HEALTH PROVIDES DATA AND INFORMATION ON AN "AS IS" AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM CONTAMINATION BY COMPUTER VIRUSES AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE DISCLAIMED.

Your use of (including any access to) the Website and the Content and any other internet sites linked to the Website, including any resources contained on, or otherwise made available by them, is solely at your own risk.

NEITHER TEXTURE HEALTH NOR ANY PERSON ASSOCIATED WITH TEXTURE HEALTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TEXTURE HEALTH NOR ANYONE ASSOCIATED WITH TEXTURE HEALTH REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITEWILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND TEXTURE HEALTH’S OR ITS CUSTOMERS OR VENDORS’ CONTROL. THE OPERATION OF THE WEBSITE, WHETHER BY Texture Health, ITS CUSTOMERS, OR ITS VENDORS, MAY NOT BE SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD PROTECTION AND ANY OTHER SECURITY MEASURES MAY NOT PREVENT UNAUTHORIZED ACCESS TO MATERIALS. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Texture Health, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s Content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule.  Any action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, located in Chicago, Illinois.  

Dispute Resolution

a.       The parties will make good faith efforts to first resolve internally any dispute arising from or related to the Website and these Terms of Use before submitting it to arbitration. Neither party may submit the dispute for arbitration under Subsection (b) until thirty (30) days have elapsed from the initiation of such good faith efforts.

b.        Arbitration.  EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITEOR THESE TERMS OF USE.  IF A DISPUTE ARISES OUT OF OR RELATES TO PORTAL OR THESE TERMS OF USE AND THE PARTIES FAIL TO SETTLE THE DISPUTE THROUGH NEGOTIATION PURSUANT TO SUBSECTION (A), Texture Health MAY ELECT, AT ITS SOLE DISCRETION, TO SUBMIT THE DISPUTE FOR BINDING ARBITRATION IN ACCORDANCE WITH THE AMERICAN HEALTH LAWYERS ASSOCIATION ALTERNATIVE DISPUTE RESOLUTION SERVICE RULES OF PROCEDURE FOR ARBITRATION BY A SINGLE ARBITRATOR WITH EXPERIENCE IN HEALTH INFORMATION TECHNOLOGY AND CLINICALLY INTEGRATED NETWORKS. THE ARBITRATOR WILL CONDUCT HEARINGS, IF ANY, BY TELECONFERENCE OR VIDEOCONFERENCE, RATHER THAN BY PERSONAL APPEARANCES, UNLESS THE ARBITRATOR DETERMINES UPON REQUEST BY YOU OR BY US THAT AN IN-PERSON HEARING IS APPROPRIATE. ANY IN-PERSON APPEARANCES WILL BE HELD AT A LOCATION WHICH IS REASONABLY CONVENIENT TO BOTH PARTIES WITH DUE CONSIDERATION OF THEIR ABILITY TO TRAVEL AND OTHER PERTINENT CIRCUMSTANCES. IF THE PARTIES ARE UNABLE TO AGREE ON A LOCATION, SUCH DETERMINATION WILL BE MADE BY THE ARBITRATOR. IF YOU ARE ABLE TO DEMONSTRATE THAT THE COSTS OF ARBITRATION WILL BE PROHIBITIVE AS COMPARED TO THE COSTS OF LITIGATION, TEXTURE HEALTH WILL PAY AS MUCH OF YOUR FILING AND HEARING FEES IN CONNECTION WITH THE ARBITRATION AS THE ARBITRATOR DEEMS NECESSARY TO PREVENT THE ARBITRATION FROM BEING COST-PROHIBITIVE.

JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION IN CHICAGO, ILLINOIS. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. 

THE PARTIES, THEIR REPRESENTATIVES, OTHER PARTICIPANTS, AND THE ARBITRATOR SHALL HOLD THE EXISTENCE, CONTENT, AND RESULTS OF THE DISPUTE RESOLUTION PROCEEDINGS IN CONFIDENCE. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

WITH THE EXCEPTION OF ANY OF THE LANGUAGE ABOVE IN THIS DISPUTE RESOLUTION PROVISION RELATING TO THE WAIVER OF CLASS AND REPRESENTATIVE ACTIONS, IF A COURT DECIDES THAT ANY PART OF THIS DISPUTE RESOLUTION PROVISION IS INVALID OR UNENFORCEABLE, THE OTHER PARTS OF THIS DISPUTE RESOLUTION PROVISION SHALL STILL APPLY. IF A COURT DECIDES THAT ANY ASPECT OF THE LANGUAGE ABOVE IN THIS DISPUTE RESOLUTION PROVISION RELATING TO THE WAIVER OF CLASS AND REPRESENTATIVE ACTIONS IS INVALID OR UNENFORCEABLE, THEN THE ENTIRETY OF THIS DISPUTE RESOLUTION PROVISION SHALL BE NULL AND VOID. THE REMAINDER OF THE AGREEMENT WILL CONTINUE TO APPLY AND BE UNAFFECTED BY THIS SEVERABILITY PROVISION.

Waiver and Severability  

No waiver by Texture Health of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Texture Health to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement  

These Terms of Use and any separate agreement you may have to use the Website constitute the sole and entire agreement between you and Texture Health with respect to Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Website.

Effective Date:  October 13, 2017

Revision date 8.16.2017