Terms of Use
Last revised: August 8, 2024
These terms and conditions of use (“Terms of Use”) govern your use of our websites owned and controlled by Alloy Health, Inc., including the website located at www.myalloy.com (collectively, the “Website”), as well as the services (“Services”) and products (“Products” available to users through the Website.
Note, Alloy Health, Inc. (“Alloy,” “we,” “us,” and “our”) is not a medical group. Any telemedicine consults obtained through our Website are provided by independent United States based medical practitioners (each, a “Provider”). Provider (or your own medical provider if you do not use a Provider) is responsible for providing you with a Notice of Privacy Practices describing its collection and use of your health information, not Alloy. If you do not agree to be bound by those terms, you are not authorized to access or use our Website, and you must promptly exit our Website.
The professional medical services (which are provided by your Provider) and the non-clinical Website services (which are provided by Alloy) are collectively referred to in this Terms of Use as the “Services”. The terms “you” and “your” means you, your dependents if any, and any other person accessing the Services or our Website.
Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Website and Services and purchase of Products. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Website or Services; promptly exit this Website.
Binding Arbitration. These Terms of Use provide that all disputes between you and Alloy that in any way relate to these Terms of Use or your use of the Website and/or Services will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Company.
1. Services Provided - No Medical Care or Advice by Alloy
The Providers are independent of Alloy. Any information or advice received from a Provider comes from them alone, and not from Alloy. Your interactions with the Providers you may access via the Website are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Alloy, nor any of its subsidiaries or affiliates or any third party who may promote the Website or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider accessed via the Website or Service, nor any information obtained on the Website. Alloy does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Website or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
Alloy does not make any representations or warranties about the training or skill of any Providers who deliver services via the Website or Service. You will be provided with available Providers based solely on the information you submit to the Website. You are ultimately responsible for choosing your particular Provider.
The content of the Website 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 by Alloy. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Alloy, or in connection with any communications supported by Alloy, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While Alloy facilitates your selection of, and may assist in the communications with, Providers, Alloy does not provide medical services, and the doctor-patient relationship is between you and the Provider you select.
The medical services, treatment, and care you receive may vary depending on the Provider you interact with. Please contact your Provider directly for any questions regarding your care or medical treatment.
Not for Emergencies
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Alloy’s Website and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Website. If you believe you have an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
Risks of Telehealth Services
Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The telehealth services are not a substitute for in-person health care in all cases. In order to use the Service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you by the Providers through the Website. You agree that Alloy is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.
Prescription Policy
Certain products available through the Website 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 Website, 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 request to transfer the prescription at any pharmacy of your choice as prompted during your use of the Service. Alloy uses Curexa Pharmacy, located at 10 Canale drive Egg Harbor Township NJ 08234.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Alloy fully honors patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct your Provider to transfer that prescription to the pharmacy of your choice.
Not an Insurance Product
Alloy is not an insurer. The Services are not insurance products, and the amounts you pay to Alloy is not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
2. Pricing
The price for Products and Services contains multiple components, including Provider-provided components (including assistance in securing any requisite prescription medications, unlimited messaging, and provision of technology and a telehealth platform, and telemedicine consultations, as needed), pharmacy-provided components (including the cost of any prescription medication), and Alloy-provided components (including business support, marketing, IT, and customer support services as the operator of the initial landing page). All prices for Products and Services are subject to change with or without notice to you.
3. Availability of Services
Alloy operates subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Website or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Website or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
4. Ordering and Purchasing of Services
Subscriptions
We charge a subscription fee for you to use and access the Website and its features, your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription seven (7) days before the end of the then-current subscription period by sending an email to support@myalloy.com stating your request to cancel your membership. If you cancel your subscription, your account will automatically close at the end of your current billing period. Alloy may change the price for your Alloy subscription from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Alloy Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect.
You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. If Alloy is unable to secure funds from the payment method you provide for any reason, including insufficient funds in the payment method or insufficient or inaccurate information provided by you when submitting electronic payment, Alloy may undertake further collection action, including application of fees to the extent permitted by law. You acknowledge and agree that you will not dispute the charges from Alloy, or any third party payment processor with the payment method company, provided the transactions correspond to the terms indicated in these Terms of Use.
5. Website Access, Security and Restrictions
Your access to the Website may be revoked by Alloy at any time with or without cause. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Website or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Website, deep-link to any feature or content on the Website, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Website. Violations of system or network security may result in civil or criminal liability. Alloy may 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 Website or any activity being conducted on this Website.
__6. Electronic Communications __
When you use the Website or Services, or send e-mails, 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. Alloy and your Provider may contact you by telephone, mail, or email to verify your information. Alloy and your Provider may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used the Services. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Services until you provide the information to us as requested.
__7. Consent to Receive Calls and Text Messages and Video Recording
You agree to be contacted by or on behalf of Alloy at the mobile number you have provided, including calls and text messages, which will include marketing and operational messages regarding the Service. You understand and agree that these texts and calls may be considered telemarketing under applicable law, they may be sent using an automatic telephone dialing system or other automated technology, and your consent is not a condition of any purchase. We will obtain your opt-in consent before sending telemarketing texts.
Message and data rates may apply. Message frequency varies. To stop receiving text messages text a reply to us with the word STOP. We may confirm your opt-out by text message.
Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services.
Alloy or your Provider may record (audio and video) all or part of your interaction with us or them (“Recordings”). Such Recordings are used for quality assurance purposes, to better deliver to you the Products and Services, and to help Alloy improve the Website. Alloy will keep such Recordings confidential, and we will not publicly display such recordings unless legally required to do so, such as if subject to a court order. By accessing and using our Services, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.
8. Ownership Of The Website And Related Materials; Additional Restrictions
All pages within this Website and any material made available for download are the property of Alloy, or its licensors or suppliers, as applicable. The Website is protected by United States and international copyright and trademark laws.
Subject to these Terms of Use and the payment of all applicable fees, Alloy grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the Website. All rights not expressly granted to you in these Terms of Use are reserved and retained by Alloy or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Website and Services, nor any part of the Website and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Alloy. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Alloy without express written consent. You may not use any meta tags or any other "hidden text" utilizing Alloy’s name or trademarks without the express written consent of Alloy. You may not misuse the Website or Services. You may use the Website and Services only as permitted by law. The content of the Website, 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 Website may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Alloy. 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, without limitation, images, text, page layout, or form) of Alloy without our express written consent.
9. No Users Under 18 Years Old
In order to access the Website and the Services, you represent and warrant that you are older than 18 years old. If you are under the age of 18, please do not attempt to register with us at this Website or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at support@myalloy.com.
10. Accuracy of Information; Functionality
Although Alloy attempts to ensure the integrity and accurateness of the Website and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Website, Service descriptions and other content on the Website. It is possible that the Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Alloy so that it can be corrected. Information contained on the Website may be changed or updated without notice. Additionally, Alloy shall have no responsibility or liability for information or content posted to the Website from any non-Alloy affiliated third party.
Alloy and your Provider each reserves complete and sole discretion with respect to the operation of the Website and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Website or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Website or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Website or the Services in accordance with our internal record retention or destruction policies.
11. 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 Website (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Website users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Alloy and your Provider that you have the legal right and authorization to provide all User Information to Alloy and your Provider for use as set forth herein and required by Alloy and the your Provider.
Alloy or your Provider may de-identify your information such that it is no longer considered protected health information or personally identifiable information. Alloy or your Provider may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
You agree not to: (i) access the Website or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Website or the Services; (v) use robots or scripts with the Website; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Website; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Alloy; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Website or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.
You agree to defend, indemnify, and hold harmless Alloy and the Providers from and against all third party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Website or other use of the Website and/or Services in breach of this Section 11.
12. Intellectual Property
With the exception of your electronic medical record, Alloy and your Provider, as applicable, retain all right, title, and interest in and to the Website, the Services and any information, products, documentation, software, or other materials on the Website, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Website licensed by Alloy or your Provider (in that case, the license provider retains all right, title, and interest therein). The information available through the Website and the Services is the property of Alloy or your Provider, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Alloy or your Provider trademarks, service marks, and logos are strictly prohibited without the prior written permission of Alloy or your Provider, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Website. Nothing contained on the Website should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Website without the written grant thereof by Alloy, your Provider, or the third party owner of such trademarks, service marks, or logos. The Website may contain other proprietary notices and copyright information, the terms of which you agree to follow.
Alloy may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
13. CAN-SPAM Act and Telephone Consumer Protection Act Compliance
Alloy and your Provider are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth in Section 7, above (Consent to Receive Calls and Text Messages and Video Recordings). Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at the address listed below under the section “How to Contact Us.”
14. Disclaimer of Warranties
ALLOY 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. ALLOY 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 AND THE SITE-RELATED SERVICES.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY ALLOY ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY ALLOY OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. ALLOY DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES, ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR WEBSITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. ALLOY SHALL NOT BE LIABLE FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.
15. Limitation of Liability Regarding Use of Website
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
ALLOY SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE PROVIDERS. ALLOY AND ANY THIRD PARTIES MENTIONED ON THIS WEBSITE 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 WEBSITE, WEBSITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE 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 WEBSITE OR WEBSITE-RELATED SERVICES, IS TO STOP USING THE WEBSITE OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF ALLOY TO YOU WITH RESPECT TO YOUR USE OF THIS WEBSITE IS $500 (FIVE HUNDRED DOLLARS).
16. No Third Party Rights
Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Alloy, your Provider, and their affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Alloy, your Provider, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Alloy, your Provider, and its affiliates.
17. Assignment
You may not assign, transfer, or delegate your rights and/or obligaitons under the Terms of Use or any part thereof without Alloy’s prior written consent. Alloy may freely transfer, assign, or delegate all or any part of its rights and/or obligations under the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
18. Dispute Resolution; Arbitration Agreement.
We will try work in good faith to resolve any issue you have with the Website and/or Services, including products and services ordered or purchased through the Website, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
You and Alloy agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Website and/or Services, including products and services ordered or purchased through the Website, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Alloy are each waiving the right to a trial by jury or to participate in a class action. However, you and Alloy each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriate or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Alloy.
If you desire to assert a claim against Alloy, and you therefore elect to seek arbitration, you must first send to Alloy, by certified mail, a written notice of your claim ("Notice"). The Notice to Alloy should be addressed to: Alloy, 31 Bond Street, 6th Floor, New York, NY 10012 ("Notice Address"). If Alloy desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Alloy, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Alloy and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Alloy may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Alloy or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Alloy receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Alloy and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Alloy’s last written settlement offer made before an arbitrator was selected (or if Alloy did not make a settlement offer before an arbitrator was selected), then Alloy will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND ALLOY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Alloy agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. 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 claim.
If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Wilmington, Delaware.
19. Force Majeure
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, pandemics, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
20. Indemnification
You agree to defend, indemnify, and hold harmless Alloy and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Website, Products, Services or any information posted on the Website; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Alloy, your Provider, or a customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Website, Products, Services, or any information on the Website, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
21. Website Support; Functionality
All questions and requests relating to Website support must be directed to Alloy. To submit a support request, please email us at support@myalloy.com. The Select Third Parties, as defined in Section 23, are not responsible for providing support for the application portions of the Website and may not be contacted for support. Alloy will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Website at any time, without notice.
22. Modified Devices and Operating Systems
Alloy will have no liability for errors, unreliable operation, or other issues resulting from use of the Website on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Website on Modified Devices will be at your sole and exclusive risk and liability.
23. No Liability for Select Third Parties
Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Website, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to these Terms of Use and they do not own and are not responsible for the Website. Alloy, and not any Select Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Website or your use or possession thereof, including, but not limited to, claims related to product liability, legal, or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions. YOU AGREE: (A) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND (C) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00); AND (D) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE SITE AND THESE TERMS OF USE. NOTHING CONTAINED IN THESE TERMS OF USE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE SELECT THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Website or your possession and use of the Website infringes a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.
24. Revisions; General
Alloy reserves the right, in its sole discretion, to terminate your access to all or part of this Website, with or without cause, and with or without notice. Alloy reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this Website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Alloy and you pertaining to the subject matter hereof. In its sole discretion, Alloy may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Website. For purposes of these Terms of Use, (a) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to these Terms of Use as a whole.
25. Referral Program; Terms & Conditions
When your referral code is applied, the user will get $25 toward their first purchase, and you’ll get $15 auto-applied to your next shipment or next new purchase. Other conditions may apply.
How to Contact Us: Alloy Health, Inc. 31 Bond Street New York, NY 10012 E-mail: support@myalloy.com