Terms of Service

Terms of Service

Last updated: October 30, 2023

Almond Life, Inc. and its affiliates, including Almond Medical, P.C. (collectively, “Almond,” “we,” “us,” “our”) provides certain services (described below) to you through its website located at www.almondobgyn.com (the “Site”) or other websites maintained by us, including any updated or new features, functionality and technology, (the “Services”), subject to the following terms of service (as amended from time to time, the “Terms of Service”).  By accessing, browsing, or otherwise using the Site or any other aspect of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.  If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Services.


We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time.  If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised.  We will also notify you, either through the Services user interface, in an email notification or through other reasonable means.  Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately.  You should periodically visit this page to review the current Terms of Service so you are aware of any revisions.  If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.  Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. 

Please Read These Terms Of Service Carefully, As They Contain An Agreement To Arbitrate And Other Important Information Regarding Your Legal Rights, Remedies, And Obligations. This Agreement To Arbitrate Requires (With Limited Exception) That You Submit Claims You Have Against Us To Binding And Final Arbitration, And Further (1) You Will Only Be Permitted To Pursue Claims Against Almond On An Individual Basis, Not As A Plaintiff Or Class Member In Any Class Or Representative Action Or Proceeding, (2) You Will Only Be Permitted To Seek Relief (Including Monetary, Injunctive, And Declaratory Relief) On An Individual Basis, And (3) You May Not Be Able To Have Any Claims You Have Against Us Resolved By A Jury Or In A Court Of Law. 


Your Privacy 

At Almond, we respect the privacy of our users.  For details, please see our Privacy Policy governing the Services and our Notice of Privacy Practices governing our use and disclosure of Protected Health Information.  By using the Services, you consent to our collection and use of personal data as outlined therein.  All such terms are hereby incorporated by reference into these Terms of Service.


Additional Terms

In addition, when using or receiving the Services, you will be subject to any additional terms applicable to such Services that may be posted on the Services from time to time.  All such terms are hereby incorporated by reference into these Terms of Service. 


Access and Use of the Services

  1. Services Description:  The Services provide a web-based platform through which users can receive obstetrics and gynecology telehealth services and communicate via electronic messages with their healthcare provider. 

  2. If You Think You Or Someone Using The Services May Have A Medical Emergency, Call Your Local Emergency Number Immediately. 

  3. Your Registration Obligations: You may be required to register with Almond via the Services in order to access and use certain features of the Services, including to schedule a telehealth visit.  While some aspects of the Services are provided to all users, for other aspects, you must be at least 13 years of age.  For certain features of the Services, you’ll need to register for an account.  If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account. Such registration data and certain other information about you are governed by our Privacy Policy.  Almond is not liable for any loss or damage arising from your failure to comply with these obligations. 

  4. User Account, Password and Security:  When creating your account, you represent and warrant that you will provide accurate and complete information.  You are expected to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account.  You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account, even if due to misuse or any unauthorized access.  You must exercise 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.  You understand and agree that your account is personal to you and you agree not to provide any other person with access to the Services using your username, password, or other security information.  You also agree to ensure that you logout from your account at the end of each session.  You agree to immediately notify Almond of any unauthorized use of your password or account or any other breach of security.  Almond will not be liable for any loss or damage arising from your failure to comply with this section.

  5. Deleting Your Account: You may delete your account at any time by sending an email with the request in the subject line to privacy@almondobgyn.com. Note that doing so will delete all your data and information stored on the Services or shared via the Services, subject to our rights under the Privacy Policy and Notice of Privacy Practices, and as required by applicable law, and we will bear no responsibility for such loss of data or information. All fees that may have been incurred prior to de-registration will be due and owing, until paid in full, such account deletion notwithstanding.

  6. Modifications to Services: Almond reserves the right to suspend, limit, condition modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Almond will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

  7. General Practices Regarding Use and Storage: You acknowledge that Almond may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Almond’s servers on your behalf.  To the extent Almond is storing Protected Health Information (“PHI”), Almond will comply with the privacy and security requirements set forth under HIPAA, and as further discussed in our Almond Health Notice of Privacy Practices and the Privacy Policy. You acknowledge that Almond reserves the right to terminate accounts that are inactive for an extended period of time.  You further acknowledge that Almond reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You further acknowledge that in the event Almond terminates an inactive account, Almond may delete any data, including PHI, any once the account is deemed to be inactive.

Payment and Billing

Our Services are provided under two payment structures:


Self Pay Services.

  1. We intend to meet each patient where they are in their care journey and work diligently to provide access if a patient does not have health insurance or does not want to use their health insurance. We will work with you to define fees that make sense to ensure adequate care is provided. In the meantime, please review https://www.almondobgyn.com/pricing for our most up to date pricing.

  2. Benefits through Health Plan/Insurance
  3. Almond is in-network with many large health plans. If you have health insurance coverage, it will usually provide some coverage for your in-person and/or telehealth visit and other clinical care services (not including labs, which will bill your insurance directly), although you will be responsible for any required co-payment or co-insurance amount, which shall be charged to you at the time of service. By using our Services, you are agreeing to the following:
  4. Assigning those benefits, where applicable, to Almond to pay for care provided.
  5. Signing any additional forms required by any insurance company or health plan (each a “Payor”) to confirm the assignment of benefits.
  6. Authorizing Almond to release all relevant information about your health care necessary to receive payment from the applicable Payor and signing an authorization permitting such release to the extent requested by Almond.
  7. We will charge your credit card on file for your co-payment or co-insurance, as well as for any payment for services that your Payor does not cover.



You have the right to revoke your authorization any time to Almond to release information about your health to any Payor.  We ask that you submit the revocation request via email at privacy@almondobgyn.com.  It will be effective upon receipt of your email. 



Membership Fee

If you purchase a membership, you will be charged the annual membership fee which can be found at https://www.almondobgyn.com/pricing, plus any applicable taxes, and other charges (“Membership Fee”), at the beginning of your membership and each year thereafter, at the then-current Membership Fee. By Purchasing A Membership, You Authorize Almond To Initiate Recurring Non-refundable Payments As Set Forth Below. If you purchase a membership, we (or our third-party payment processor) will automatically charge you each year on the anniversary of the commencement of your membership, using the Payment Information (as defined below) you have provided until you cancel your membership. In the month before your membership term ends, or otherwise in accordance with applicable law, Almond will send you a reminder with the then-current Membership Fee. By agreeing to these Terms and electing to purchase a membership, you acknowledge that your membership has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your membership by you or Almond. Your membership continues until cancelled by you or we terminate your access to or use of the Services or membership in accordance with these Terms.


  1. Almond may choose to offer a limited discount with respect to the Membership Fee, from time to time. Any such discounts, however, will specifically not apply toward fees for visits, procedures, labs and other clinical care. Almond reserves the right to change the terms of the limited discount, including period of applicability, at any time in its sole discretion.

  2. Whether you make a one time payment and/or purchase a membership (each, a “Transaction”), you expressly authorize Almond (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize Almond to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
     
  3. Canceling a Transaction. You may cancel a Transaction for a full refund within thirty (30) calendar days of your first visit.  After That, Your Purchase Is Final And You Will Not Be Able To Cancel The Transaction And/or Receive A Refund Of Your Payment Or Membership Fee At Any Time. But If Something Unexpected Happens In The Course Of Completing A Transaction, We Reserve The Right To Cancel Your Transaction For Any Reason; If We Cancel Your Transaction We’ll Refund Any Payment You Have Already Remitted To Us For Such Transaction. Without Limiting The Foregoing, You May Cancel Your Membership At Any Time, But Please Note That Such Cancellation Will Be Effective At The End Of The Then-current Membership Period. Except As Set Forth Above With Respect To Your Initial Membership Purchase, You Will Not Receive A Refund Of Any Portion Of The Membership Fee Paid For The Then Current Membership Period At The Time Of Cancellation. To cancel, you can send an email to careguide@almondobgyn.com. You will be responsible for all Membership Fees (plus any applicable taxes and other charges) incurred for the then-current membership period. If you cancel, your right to use the Services will continue until the end of your then current membership period and will then terminate without further charges.

  4. Payment Method: Your endorsement and agreement of this Terms of Service constitutes your understanding that Almond uses a credit card processing company to process payments. Collection of your credit card or other payment information and the processing of payment of fees will be performed by third party payment processers (the “Payment Processors”).  Almond currently uses Stripe and PayPal as its Payment Processor, but reserves the right to change Payment Processors.  You will tender payment to the applicable Payment Processor.  Fees will be processed by the applicable Payment Processor.  You are bound by the applicable Payment Processor’s terms and conditions for the processing of payments, as the same may be modified by such Payment Processor from time to time (collectively, the “Payment Processer Terms”).  Information provided to any Payment Processor is governed by the applicable Payment Processor Terms. We are not responsible for the performance of any Payment Processor.  You represent and warrant to Almond that such information is true and that you are authorized to use the payment instrument.  You agree to pay Almond the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service.  You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Almond’s net income.  If your payment fails, we may immediately cancel or revoke your access to the Services.  If you contact your bank or credit card company to decline or reverse the charge of fees, we may revoke your access to our Services in general.  If you dispute any charges you must let Almond know within thirty (30) days after the date that Almond charges you. You understand that your credit card information will be saved on file for future transactions on your account.   

Conditions of Access and Use

  1. User Conduct: You are solely responsible for all code, content, images, information, data, text, software, photographs, graphics, messages or other materials (“content”) that you upload, share, input, post, publish, email or display (hereinafter, “share”) via the Services (collectively, the “User Content”).  The following are examples of the kind of content and/or use that is illegal or prohibited by Almond.  Almond reserves the right to investigate and take appropriate legal action against anyone who, in Almond’s sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.  You agree to not use the Services to:
  2. share any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is illegal, offensive, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (vi) is false, misleading, or otherwise deceptive; or (vii) in the sole judgment of Almond, may expose Almond or its users to any harm or liability of any type;
  3. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey or violate any requirements, procedures, policies or regulations of networks connected to the Services;
  4. violate any applicable law, or any regulations having the force of law; 
  5. impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
  6. harvest or collect email addresses or other contact information or personally identifiable information of other users of the Services;
  7. take any action that imposes, or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  8. copy or store any significant portion of the Service Content;
  9. monetize the Service Content through advertising, subscriptions or other means;
  10. further or promote any criminal activity or enterprise; 
  11. circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content) available on or through the Service, including through the use of virtual private networks, or by bypassing measures preventing or restricting access to the Services or Service Content; or
  12. engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.  If you are blocked by Almond from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

  13. Commercial Use: Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or share for any commercial purposes, any portion of the Services, use of the Service, or access to the Service.  The Services are solely for your personal, non-commercial use.

Mobile Services

  1. Mobile Services: The Services include certain functions that are available via a mobile device, including (i) the ability to share content to the Services via a mobile device, (ii) the ability to browse the Services and from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”).  To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. 

  2. Text Service:  By using the Services, you consent to receive prerecorded calls and information from us via SMS and/or MMS messages sent through an automated telephone dialing system (“Text Service”), even if you have opted in to the National Do Not Call List, any state Do not Call List, or the internal Do Not Call List of any company.  You may be required to respond to an initial message as instructed to complete your registration and confirm enrollment in the Text Service.  The enrollment process will disclose the program, frequency of messages, and options to cancel your enrollment.  You do not have to participate in the Text Service in order to use the Services.  In the event you no longer want to participate in the Text Service, you agree to notify us directly.  In the event you change or deactivate your mobile telephone number, you agree to promptly update your Almond account information to ensure that your messages are not sent to the person that acquires your old number.

    There is no additional charge for the Text Service, but your mobile carrier’s standard message and data rates apply to any messages you send or receive through the Text Service, including confirmations and subsequent texts.  Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device.  We are not liable for any delays in the receipt of, or any failures to receive, any SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device.  Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.

    As described in the Text Service enrollment and welcome messages, including messages sent to a shortcode associated with the Text Service or by reply to any message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information.  If you choose to cancel your Text Service, you agree to receive a final text message from the Text Service confirming your cancellation.

Health Related Information

Health Related Content: Any health-related information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material residing on the Site or the Services, separate from the information on your personal portal and that is specific to your doctor patient relationship with Almond, describes general principles of health care that should not be construed as specific instructions for individual patients. The health-related information on the Site or the Services that is not in your personal portal is not intended as a substitute for a consultation between patients and their health care provider, and should not be used to diagnose or treat a health problem without consulting a qualified health care provider.  It is for reference only and should not be used to determine treatment for specific medical conditions—only a health care provider can do that. 


Intellectual Property Rights

  1. Service Content, Software and Trademarks: You acknowledge and agree that the Services or Site may contain or feature content or information, including articles and other works (“Service Content”), that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.  The Content is protected by United States and foreign intellectual property laws.  Unauthorized use of the Service Content may result in violation of copyright, trademark, and other laws.  You have no rights in or to the Service Content, and you will not use, copy or display the Service Content, including but not limited to use of framing or mirrors, except as permitted under these Terms of Service.  No other use is permitted without our prior written consent, and any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.  You may not sell, transfer, assign, license, sublicense, or modify the Service Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Service Content in any way for any public or commercial purpose (except that the foregoing does not apply to your own User Content (as defined below) that you legally share). 


Almond name and logos are trademarks and service marks of Almond (collectively the “Almond Trademarks”).  Other Almond, product, and service names and logos which may be used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Almond.  Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Almond Trademarks displayed on the Service, without our prior written permission in each instance.  All goodwill generated from the use of Almond Trademarks will inure to our exclusive benefit.


User Content: You represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.  You hereby grant Almond a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, irrevocable license to copy, display, share, perform, distribute, store, modify and otherwise use your User Content, and any statistical and usage data relating to or derived from your use of the Service derived by Almond or its third-party service providers, in connection with (a) the operation and provision of the Services, and (b) subject to the Privacy Policy, (i) the improvement of the Service and the development and provision of new products and services, and (ii) the marketing or promotion of any of the foregoing, in each case in any form, medium or technology now known or later developed, except to the extent that any use would be prohibited by HIPAA or other applicable law unless you specifically consented to such use.  You represent and warrant that any authorized use of your User Content by Almond does and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, and intellectual property rights.  You hereby authorize Almond and its third-party service providers to derive statistical and usage data relating to your use of the Services (“Usage Data”).  We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy. Any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to Almond are non-confidential and Almond will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.  You acknowledge and agree that Almond may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Almond, its users and the public.  You understand that the technical processing and transmission of the Service, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Third-Party Services and Websites 

The Services may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”).  Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers.  Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy.  For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Services, please see our Privacy Policy.  Almond has no control over and is not responsible for such Third-Party Services, including for the accuracy, legality, availability, reliability, or completeness of information shared by or available through Third-Party Services, and such information is subject to change without notice, or on the privacy practices of Third-Party Services.  We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services.  You, and not Almond, will be responsible for any and all costs and charges associated with your use of any Third-Party Services.  Almond enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation.  Any dealings you have with third parties while using the Service are between you and the third party.  Almond will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.


Indemnity and Release

You agree to release, indemnify and hold Almond and its affiliates and its and their officers, employees, directors, service providers, licensors, and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another.  Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee.  If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his settlement with the debtor or releasing party.”  If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.


Disclaimer of Warranties

Your Use Of The Services Is At Your Sole Risk. The Services Are Provided On An “as Is” And “as Available” Basis. Almond Expressly Disclaims All Warranties Of Any Kind, Whether Express, Implied Or Statutory, Including, But Not Limited To The Implied Warranties Of Merchantability, Fitness For A Particular Purpose, Title And Non-infringement.


Almond Makes No Warranty That (I) The Services Will Meet Your Requirements, (Ii) The Services Will Be Uninterrupted, Timely, Secure, Or Error-free, (Iii) Any Content Provided Through The Services Is Accurate, Legally Compliant, Up-to-date, Reliable Or Correct, Or (Iv) The Quality Of Any Products, Services, Information, Or Other Material Purchased Or Obtained By You Through The Services Will Meet Your Expectations.


Limitation of Liability

You Expressly Understand And Agree That, Except As May Be Expressly Provided Herein, Almond Will Not Be Liable For Any Indirect, Incidental, Special, Consequential, Exemplary Damages, Or Damages For Loss Of Profits Including But Not Limited To, Damages For Loss Of Goodwill, Use, Data Or Other Intangible Losses (Even If Almond Has Been Advised Of The Possibility Of Such Damages), Whether Based On Contract, Tort, Negligence, Strict Liability Or Otherwise, Resulting From: (I) The Use Or The Inability To Use The Service; (Ii) The Cost Of Procurement Of Substitute Goods And Services Resulting From Any Goods, Data, Information Or Services Purchased Or Obtained Or Messages Received Or Transactions Entered Into Through Or From The Service; (Iii) Unauthorized Access To Or Alteration Of Your Transmissions Or Data; Or (Iv) Any Other Matter Relating To The Service. In No Event Will Almond’s Total Liability To You For All Damages, Losses Or Causes Of Action Exceed The Amount You Have Paid Almond In The Last Six (6) Months (If At All), Or, If Greater, One Hundred Dollars ($100). 


Some Jurisdictions Do Not Allow The Disclaimer Or Exclusion Of Certain Warranties Or The Limitation Or Exclusion Of Liability For Incidental Or Consequential Damages. Accordingly, Some Of The Above Limitations Set Forth Above May Not Apply To You Or Be Enforceable With Respect To You. If You Are Dissatisfied With Any Portion Of The Service Or With These Terms Of Services, Your Sole And Exclusive Remedy Is To Discontinue Use Of The Services. 


If You Are A User From New Jersey, The Foregoing Sections Titled “disclaimer Of Warranties” And “limitation Of Liability” Are Intended To Be Only As Broad As Is Permitted Under The Laws Of The State Of New Jersey. If Any Portion Of These Sections Is Held To Be Invalid Under The Laws Of The State Of New Jersey, The Invalidity Of Such Portion Shall Not Affect The Validity Of The Remaining Portions Of The Applicable Sections.


Dispute Resolution By Binding Arbitration


PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.


  1. Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.”  You agree that any and all disputes or claims that have arisen or may arise between you and Almond, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.  Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.  You agree that, by entering into these Terms of Service, you and Almond are each waiving the right to a trial by jury or to participate in a class action.  Your rights will be determined by a neutral arbitrator, not a judge or jury.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

  2. Prohibition of Class and Representative Actions and Non-Individualized Relief: You And Almond Agree That Each Of Us May Bring Claims Against The Other Only On An Individual Basis And Not As A Plaintiff Or Class Member In Any Purported Class Or Representative Action Or Proceeding. Unless Both You And Almond Agree Otherwise, The Arbitrator May Not Consolidate Or Join More Than One Person’s Or Party’s Claims And May Not Otherwise Preside Over Any Form Of A Consolidated, Representative, Or Class Proceeding. Also, The Arbitrator May Award Relief (Including Monetary, Injunctive, And Declaratory Relief) Only In Favor Of The Individual Party Seeking Relief And Only To The Extent Necessary To Provide Relief Necessitated By That Party’s Individual Claim(S), Except That You May Pursue A Claim For And The Arbitrator May Award Public Injunctive Relief Under Applicable Law To The Extent Required For The Enforceability Of This Provision. 

  3. Pre-Arbitration Dispute Resolution: Almond is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing Almond’s customer support at terms@almondobgyn.com.  If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).


The Notice to Almond should be sent to:

Almond Life, Inc.

8274 Melrose Ave

Los Angeles, CA 90046 (“Notice Address”). 


The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.  If Almond and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Almond may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by Almond or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Almond is entitled.


  1. Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.  For information on the AAA, please visit its website, http://www.adr.org.  Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration.  If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.  The arbitrator must also follow the provisions of these Terms of Service as a court would.  All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.  Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.


Unless Almond and you agree otherwise, any arbitration hearings will take place in San Francisco, California.  If your claim is for $10,000 or less, Almond agrees 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 $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.


  1. Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.  If the value of the relief sought is $75,000 or less, at your request, Almond will pay all Arbitration Fees.  If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Almond will pay your portion of such fees.  In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Almond will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.  Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.


Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.  If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief.  The remainder of the Terms of Service will continue to apply.


Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, Almond agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Almond written notice within thirty (30) calendar days of the change to the Notice Address provided above.  By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).


Termination

You agree that Almond, in its sole discretion, may suspend, limit, condition or terminate your account, use of the Services or any feature or function thereof and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if Almond believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service.  Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services may be referred to appropriate law enforcement authorities.  Almond may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice.  You agree that, except as may be explicitly set forth herein, any termination of your access to the Services under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Almond may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services.  Further, you agree that Almond will not be liable to you or any third party for any termination of your access to the Services (except as may be explicitly set forth herein).


General

These Terms of Service constitute the entire agreement between you and Almond and govern your use of the Service, superseding any prior agreements between you and Almond with respect to the Services.  You also may be subject to additional terms and conditions that may apply when you use affiliate or Third Party Services, third party content or third party software.  These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions.  With respect to any disputes or claims not subject to arbitration, as set forth above, you and Almond agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco, California.  The failure of Almond to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.  If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.  A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  You may not assign these Terms of Service without the prior written consent of Almond, but Almond may assign or transfer these Terms of Service, in whole or in part, without restriction.  The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.  Notices to you may be made via either email or regular mail.  The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.


Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.  You may contact us at:

Almond Life, Inc.

8274 Melrose Ave

Los Angeles, CA 90046


Questions?  Concerns?  Suggestions? 

Please contact us to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services:


By mail: 

Almond Life, Inc.

8274 Melrose Ave

Los Angeles, CA 90046


By email: 

 terms@almondobgyn.com

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