Last Updated August 8, 2018
DO NOT USE THE SERVICES TO COMMUNICATE INFORMATION ABOUT MEDICAL EMERGENCIES. IF YOU THINK YOU MAY HAVE AN EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR 911.
Thank you for agreeing to participate in the SpecialX, LLC (“SpecialX”) pilot project. SpecialX is a service accessible online and via a mobile application that allows you to store information relating to someone with special needs, to share that information with others, and to use the information to coordinate services for the person with special needs. In these Terms, we refer to all of our on-line services, applications and Internet sites, and any Care Navigation Assistance (as defined below) as our “Services.”
Please read these Terms carefully. By clicking “I Accept” or by accessing or using the Services, you agree to these Terms. If you do not agree with these Terms, including the mandatory arbitration provision and class action waiver described below, you are not authorized to access or use the Services for any purpose. If you choose to continue to use our Services after the pilot project ends, you will be asked to sign additional Terms.
NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
SpecialX means SpecialX, LLC, a Delaware limited liability company and its affiliated companies. When we say “we” or “us,” we mean SpecialX. “You” means the person signing these Terms as the user of the SpecialX’s Services. If you are signing these Terms on behalf of someone else who will use the SpecialX’s Services, “you” means both the person who will use the Services, and the person signing on the user’s behalf.
Description of Services, Your Authority and Your Agreement to Terms
In order to store and share information in our Services, you will need to establish an account. By accepting these Terms and using the services, you agree to these terms. In addition, by accepting these Terms and using the services, if you are registering on behalf of another person, you also represent and warrant that you have the legal right to agree to these terms on behalf of the person whose information will be stored and shared through your account, and to share that person’s information with SpecialX and anyone to whom you give access to your account. (Generally, this requires that you be the parent or legal guardian of a minor, or that you hold a court-ordered conservatorship or adult guardianship, or a power of attorney, if the person with special needs is an adult.) If you do not have the authority to terms on behalf of the person whose information will be stored in your account, or if you do not agree to all the terms and conditions of these terms, you may not create an account or use the services.
SpecialX is not a personal health record or medical record, and should not be used as a primary source of or repository of information for the provision of health care or other services. Health care providers, patients and others using SpecialX should verify material information with the original source.
Patient users will have the opportunity during registration to provide the email address of the healthcare providers and other persons to whom they wish to register for the Services and secure access to the patient’s information. SpecialX accepts no responsibility for the completeness or accuracy of information stored in the Services, or for the consequences of its use. We may change the way our Services work from time to time without notice to you, and we may discontinue the Services at any time upon notice to you.
In addition, if you are the caregiver of a patient, you may be offered the opportunity to receive assistance with various administrative tasks and activities, including assistance reviewing your insurance plan benefits, gathering information, files and materials for upcoming meetings and appointments, identifying resources in your community and other functions (“Care Navigation Assistance”), and you may be charged additional amounts for these services including but not limited to any costs incurred by SpecialX in connection therewith (e.g., copying fees, mailing costs). You understand and accept that the persons performing any Care Navigation Services are not licensed professionals (e.g., healthcare, accounting, financial, insurance, education professionals) and should not be consulted on issues that are provided by licensed professionals. There is no guarantee of result or outcome associated with the Care Navigation Services.
The Services are not intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you are 18 years of age or older and have authority to enter into these Terms.
User Account; Account Security
You may need to register for an Account to access some or all of our Services. You will be required to create a password, and provide your name, email address, and phone number when you create an Account. If you register for an Account, you must provide accurate Account information and promptly update this information if it changes. You also must maintain the security of your Account and promptly notify us if you discover or suspect that someone has accessed your Account without your permission. If you permit others to use your Account credentials, you are responsible for the activities of such users that occur in connection with your Account.
Beta Test Phase; Provision of User Feedback
SpecialX may offer additions to our Services as part of a beta test phase. All or portions of the Services included in this test phase may not function correctly, or may contain errors. SpecialX is not obligated to correct, nor is it responsible for, errors or the effects of such errors while the beta test phases of these Services are active. Further, you acknowledge that SpecialX has no express or implied obligation to announce or make available any particular features of the beta Services in the future. Should these Services launch publicly after the beta phase, it may have features or functionality that are different than those found in the beta version licensed herein.
You hereby agree to provide SpecialX with responsive and timely comments, suggestions, ideas and any other feedback (“User Feedback”) that is reasonably requested by SpecialX from time to time about the Services, and this User Feedback is provided in lieu of payment from you for access to the Services, and you are not entitled to receive any compensation or other benefits in exchange for this feedback. Your failure to provide responsive and timely User Feedback to SpecialX is grounds for immediate termination of your access to the Services.
Right to Access Services
We hereby grant to you a limited, non-exclusive, nontransferable right to access and use the Services solely for your personal non-commercial use and only as permitted under these Terms (“Access Rights”). We reserve the right, in our discretion, at any time, without liability to you, to: (a) deny, modify, suspend or terminate the operation or any feature of the Service; (b) restrict, limit, suspend or terminate your access to the Services; and (c) monitor your use of the Services to verify compliance with these Terms and any applicable law.
Prohibited Uses; Website Links
You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Services to violate any applicable law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Services; or (d) distribute viruses or other harmful computer code through the Services. In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal.
We will not be liable for any information, software, or links found at any other website, internet location, or source of information, nor for your use of them, nor for the acts or omissions of any such websites or their respective operators.
The Services and their entire contents (including any information that you upload, store and share (“User Content”)), features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by SpecialX, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services except as permitted through the Services according to these Terms.
Certain of the names, logos, and other materials displayed on the Services may constitute trademarks, trade names, service marks or logos (“Marks“) of SpecialX or other entities. You are not authorized to use any such Marks without the express written permission of SpecialX. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
You hereby agree that any User Feedback that you provide to SpecialX shall be property of SpecialX, and you agree that we have an unrestricted right to use it, and you are not entitled to receive any compensation. If you supply or transmit any User Content via the Services, you represent and warrant to us that you have the legal right necessary to grant us the ownership rights described above, and that such material will not violate any law or the rights of any person or entity (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).
Any User Content posted publicly or sent privately is the sole responsibility of the person that submitted it. Although SpecialX reserves the right to review or remove all User Content on the Services, we do not necessarily review all of it. As such, we do not take responsibility for any User Content provided through the Services.
Access and Communication Preferences
You understand that by checking the “agree” box for these Terms, you are agreeing to these Terms and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services, included related operational and promotional information (collectively, “Communications”) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device, or (4) by posting the Communications on the Services. You can withdraw your consent to receive Communications by deactivating your Account. You can opt-out of future Communications through SMS text message by replying “STOP” to the text or sending an email to firstname.lastname@example.org.
If you access and use the Services on your smartphone, tablet or other mobile device, you must have wireless service through WiFi or a participating wireless service provider and a compatible mobile device. You are responsible for all charges (including data and messaging charges) related to your use of the Services through your device. We do not guarantee that the Services are compatible with any particular operating system, browser, mobile device or other software or equipment.
Changes to and Copies of the Terms
We reserve the right to change the terms of these Terms by posting the revised terms on our web site, and/or emailing you a notice of the change at the email address in your SpecialX profile. Your continued use of our Services after we send you notice of a change or post the change on our web site to the Terms constitutes your acceptance of them. If you do not agree to any of the changes to these Terms, you are required stop using our Services. Please download or print a copy of these Terms by pressing the Print button at the bottom of the page. By signing below you acknowledge that you have received a copy of these terms.
Disclaimer of Warranties
You agree that use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. SpecialX expressly disclaims all warranties of any kind, whether oral or written, express or implied, including, but not limited to any warranties of merchantability, fitness for a particular purpose, non-infringement, value or accuracy of data. Without limiting the generality of the foregoing, SpecialX does not warrant that the Services will be uninterrupted or error free; or that any defect or other error will be corrected; or that the Services will be free of viruses or other harmful code.
Limitation of Liability
You understand that to the fullest extent permitted by law, in no event will SpecialX or its affiliates, officers, directors, employees, agents or licensors, or any of its contractors or vendors, be liable for any indirect, incidental, consequential, exemplary or other special categories of damages, including, but not limited to, damages for loss of revenues, profits, goodwill, use or data, arising out of or related to your use of the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. To the fullest extent permitted by applicable law, SpecialX’s aggregate liability to you arising out of or relating to these terms or your access or use of the Services shall be limited to the amounts paid by you through the Services in the three (3) months prior to the events giving rise to any claim, or, if no such payments have been made by you, fifty U.S. dollars ($50). To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. YOU WARRANT THAT YOU ARE AUTHORIZED TO AGREE TO THIS LIMITATION ON BEHALF OF THE PERSON WHOSE INFORMATION YOU STORE IN OUR SYSTEM.
ARBITRATION OF DISPUTES
ANY CLAIM OR DISPUTE BETWEEN YOU AND SPECIALX IN ANY WAY RELATED TO OR CONCERNING THESE TERMS, OR THE PROVISION OF SERVICES TO YOU, INCLUDING ANY BILLING DISPUTES (CLAIM), SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN THE COUNTY IN WHICH YOUR BILLING ADDRESS IS LOCATED. THESE TERMS TO ARBITRATE ALSO REQUIRES YOU TO ARBITRATE CLAIMS AGAINST OTHER PARTIES RELATING TO SERVICES OR PRODUCTS PROVIDED OR BILLED TO YOU IF YOU ALSO ASSERT CLAIMS AGAINST US IN THE SAME PROCEEDING. YOU AND WE ACKNOWLEDGE THAT THE TERMS AFFECTS INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO ARBITRATIONS UNDER THE TERMS. BEFORE INSTITUTING ARBITRATION, YOU AGREE TO PROVIDE US WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO US AT: SPECIALX, LLC, 3116 Federal Avenue, Los Angeles, California 90066, AND NEGOTIATING WITH US IN GOOD FAITH REGARDING YOUR CLAIM. IF WE ARE NOT ABLE TO RESOLVE YOUR CLAIM WITHIN 30 DAYS OF RECEIPT OF YOUR NOTICE, THEN YOU OR WE, INSTEAD OF SUING IN COURT, MAY INITIATE ARBITRATION PROCEEDINGS WITH THE AAA. ARBITRATION WILL BE CONDUCTED UNDER THE AAA’S CONSUMER ARBITRATION RULES, WHICH ARE AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT WWW.ADR.ORG. THE AAA HAS A FEE SCHEDULE FOR ARBITRATIONS. YOU WILL PAY YOUR SHARE OF THE ARBITRATOR’S FEES AND ADMINISTRATIVE EXPENSES (“FEES AND EXPENSES”) EXCEPT THAT:
(A) FOR CLAIMS LESS THAN $25, WE WILL PAY ALL FEES AND EXPENSES; AND
(B) FOR CLAIMS BETWEEN $25 AND $1,000, YOU WILL PAY ONLY $25 IN FEES AND EXPENSES, OR ANY LESSER AMOUNT AS PROVIDED UNDER AAA’S CONSUMER ARBITRATION RULES. YOU AND WE AGREE TO PAY OUR OWN OTHER FEES, COSTS, AND EXPENSES, INCLUDING THOSE FOR ANY ATTORNEYS, EXPERTS, AND WITNESSES. AN ARBITRATOR MAY ONLY AWARD AS MUCH AND THE TYPE OF RELIEF AS A COURT WITH JURISDICTION IN THE PLACE OF ARBITRATION THAT IS CONSISTENT WITH LAW AND THESE TERMS. AN ARBITRATOR MAY ISSUE INJUNCTIVE OR DECLARATORY RELIEF BUT ONLY APPLYING TO YOU AND US AND NOT TO ANY OTHER CUSTOMER OR THIRD PARTY.
AS A LIMITED EXCEPTION TO THESE TERMS TO ARBITRATE, YOU AND WE AGREE THAT:
(A) YOU MAY MAKE CLAIMS TO SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY FOR HEARING BY SUCH COURT; AND
(B) IF YOU FAIL TO TIMELY PAY AMOUNTS DUE, WE MAY ASSIGN YOUR ACCOUNT FOR COLLECTION, AND THE COLLECTION AGENCY MAY PURSUE IN COURT CLAIMS LIMITED STRICTLY TO THE COLLECTION OF THE PAST DUE DEBT AND ANY INTEREST OR COST OF COLLECTION TERMS. AS PERMITTED BY LAW, OR WHETHER CLASS ACTION IN COURT, WAIVER SMALL CLAIMS COURT, OR ARBITRATION, YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION.
Waiver of Right to Pursue Class Action Claims; No Jury Trial; Limited Time for Bringing Claims
You agree to only resolve disputes with us on an individual basis, and waive any right to pursue any claims on a class or consolidated basis or in a representative capacity. You agree that you may bring claims against us only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. YOU WARRANT THAT YOU ARE AUTHORIZED TO AGREE TO THIS LIMITATION ON BEHALF OF THE PERSON WHOSE INFORMATION YOU STORE IN OUR SYSTEM.
IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND YOU WAIVE OUR RIGHTS TO A JURY TRIAL, AND AGREE THAT ANY CLAIM ARISING OUT OF OR CONNECTED WITH YOUR USE OF THE SPECIALX SERVICES TO WHICH THE ARBITRATION PROVISIONS OF THESE TERMS ARE FOR ANY REASON HELD NOT TO APPLY, WILL BE DETERMINED BY A JUDGE OF THE APPROPRIATE COURT.
Both you and we agree that no suit, arbitration or other legal proceeding connected with these Terms or your use of the SpecialX Services may be brought more than one year after the incident giving rise to the claim has occurred.
Claims by Others
If anyone other than the person signing these Terms brings a claim against SpecialX or its affiliates for damages, loss or injury to the claimant in any way connected with your use of the SpecialX Services, including bodily injury, economic loss or death suffered by the claimant, you agree that you will indemnify, defend and hold SpecialX and its affiliates harmless from all liability in connection with the claim, and you will pay to us any amount a court or arbitrator orders us to pay or we reasonably agree to pay by way of settlement, plus the amount of our reasonable attorneys’ fees and costs in defending and settling the claim.
You acknowledge and agree that we may use subcontractors to provide Services to you. While we attempt to select our subcontractors with reasonable care, we are not liable for any action or inaction on their part. You acknowledge and agree that the provisions of these Terms limiting our liability inure to the benefit of and are applicable to any third party contractor engaged by us to provide Services to you.
Apple Device Additional Terms
If you access the Services via the mobile application by running it on a mobile device or tablet branded by Apple, Inc. (“Apple”) and running Apple’s iOS (an “Apple Device”), the Apple Device Additional Terms found here are hereby incorporated into and made part of these Terms.
Use of the Services is intended solely for residents of the United States. The Services may contain content, services, or information otherwise not accessible or valid in your country. Access to the Services from outside the United States is at your own risk, and SpecialX does not take responsibility for your use of the Services. Any offer for any product or service made on the Services is void where prohibited by law.
All notices required or permitted to be given under these Terms must be in writing and will be deemed given: (i) upon actual delivery, if made by personal service; (ii) if transmitted by electronic mail to SpecialX at email@example.com, or to you at the electronic mail address in your SpecialX profile, as long as, in either case, the party giving notice does not receive a notice that the electronic mail was not delivered; (iii) three (3) days after mailing, if mailed by U.S. certified or registered mail, first class postage prepaid; and (iv) one (1) business day after delivery to the courier or overnight delivery service, if made by courier or overnight delivery service. All notices will be addressed to such address as the party who is to receive the notice so designates by written notice to the other.
These Terms and your use of the Services shall be governed by the laws of the State of California, without giving effect to the principles of conflict of laws. The parties agree to the exclusive personal and subject matter jurisdiction and venue of the courts located in Los Angeles, California, for any action related to these Terms.
We may assign these Terms without restriction and without notice to you. You may not assign these Terms or your SpecialX Services, or any order accepted by SpecialX under these Terms of Service to anyone else, in whole or in part, by operation of law or otherwise, without the express written consent of SpecialX.
If you have a question or comment regarding the Services or are aware of any violation of these Terms, please contact us via email at firstname.lastname@example.org.