Terms of Service
Last updated April 7, 2020
We hope you love using Sibi Health. This document contains important information that you need to consider before making an important decision.
PatientPower, Co. (d/b/a Sibi or Sibi Health) (“Sibi,” “we,” “us,” “our”) provides its services (described below) to you (“you”,”user”,”users”) through its website located at www.sibihealth.com (the “Site”), and through its related services, content, tools, widgets, software, API(s), and/or other product(s), service(s), data, or information supplied to you by Sibi (collectively, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). This agreement is the user agreement (the “Agreement”) for Sibi. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of the Site. This Agreement applies whether you are a casual visitor to the Site, a physician or medical provider who has agreed to appear on the Site, or a patient who utilizes the Service to find, book, or pay for healthcare services. If you do not agree to be bound by the terms and conditions of this Agreement, do not access the Site or use the Services. As discussed below, we reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THE FOLLOWING CAREFULLY AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU MAY HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SIBI 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. BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF SERVICE, PLEASE DO NOT USE THESE SERVICES.
1. Access Rights and Use of the Services
Medical Advice Disclaimer: AS FURTHER SPECIFIED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT SIBI DOES NOT PROVIDE ANY MEDICAL SERVICES NOR MEDICAL ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN THROUGH THE SITE AND/OR THE SERVICES. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.
NO HEALTH CARE PROVIDER/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES. SIBI IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER THIRD PARTY INFORMATION, SITE, PRODUCT, OR SERVICE THAT YOU PURCHASE OR ACCESS THROUGH THE SITE.
The inclusion of any health care provider on the Services shall not be considered as an endorsement of such health care provider by Sibi and shall not in any way mean that Sibi has conducted any due diligence or other investigation regarding the health care provider.
Let it also be known that Sibi does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any of the Services. Users alone are responsible for their Services. When users make or accept a booking, they are entering into a contract directly with each other. Sibi is not and does not become a party to or other participant in any contractual relationship between users, nor is Sibi a broker or insurer. Sibi is not acting as an agent in any capacity for any User, except as specified in these Terms.
Member Account, Password and Security: 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. Sibi is entitled to act on instructions received under your password. You agree to (a) immediately notify Sibi of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Sibi is not responsible for any actions taken or transaction made to or from your accounts by any other party using your password, and Sibi will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Our Service: Sibi reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Sibi will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage of Your Information: You acknowledge that Sibi may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Sibi’s servers on your behalf. You agree that Sibi has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Sibi reserves the right to terminate accounts that are inactive for an extended period of time. You acknowledge that Sibi may obtain a copy of your credit report to determine your ability to pay for services purchased. By using the site, you consent to Sibi obtaining a copy of your consumer information, including your credit report, in order to verify your ability to pay. You further acknowledge that Sibi reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device and (ii) the ability to browse the Service and the Site from a mobile device (collectively, the “Mobile Services”). To the extent you access the Service 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. By using the Mobile Services, you agree that we may communicate with you regarding Sibi and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Sibi account information to ensure that your messages are not sent to the person that acquires your old number.
2. Electronic Communications
When you visit the Site or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
By using the Site, you acknowledge and agree that Sibi will send Member e-mails relating to your Member account and Sibi promotions. You can opt out of your subscription to Sibi ’s e-mail services at any time by logging in to the Site and changing your notification preferences. You may also be able to unsubscribe to special promotional e-mails by clicking on the unsubscribe link in any of our e-mail communications, under opt-in preferences.
By using the Site and opting to receive emails, text messages, and electronic communications, you acknowledge and agree that Sibi will be transmitting certain of your protected health information (“PHI”) as that term is defined under HIPAA, electronically. You acknowledge and agree that while Sibi takes commercially reasonable steps to protect the privacy and security of your PHI, no system is completely secure. You may choose not to receive emails or text messages any time by unsubscribing.
You acknowledge and agree that you are solely responsible for providing Sibi with accurate contact information, including your mobile device number and email address, where we may send communications containing your PHI. Sibi is not responsible for user errors and omissions.
3. Your Use of the Services
You agree to use the Services only to help you find a health care provider for yourself or another person, or to list Services as a Provider. You are solely responsible for all images, information, data, text, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. You will ensure that all content you upload or share complies with all applicable laws, rules and regulations, is appropriate and non-offensive, and that you have all necessary rights to use, share, and/or upload such content, without infringing any third party rights. Sibi reserves the right to investigate and take appropriate legal action against anyone who, in Sibi’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service in a manner that Sibi determines, in its sole discretion, is illegal or improper.
Fees: Sibi may charge fees to Patients (“Patient Fees”) or Providers (“Provider Fees”) (collectively, "Service Fees") in consideration for the use of the Sibi platform. More information about when Service Fees apply and how they are calculated can be found in your Schedule of Service Fees Addendum to these Terms. Any applicable Service Fees (including any applicable Taxes) will be displayed to a User prior to publishing or booking a Service. Sibi reserves the right to change the Service Fees at any time, and will provide Users adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change. You are responsible for paying any Service Fees that you owe to Sibi. Sibi will deduct any Provider Fees from the Service fee before remitting the payout to the Provider. Any Patient Fees are included in the Total Fees collected by Sibi. Except as otherwise provided by Sibi, Service Fees are non-refundable.
Sibi does not accept Medicare, Medicaid, or any other third-party insurance. In the event you choose to use the Services to schedule and pay out of pocket for health care services, you will be required to provide Sibi with information regarding your credit card or other payment instrument. You represent and warrant to Sibi that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Sibi the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. If you dispute any charges you must let Sibi know within sixty (60) days after the date that Sibi charges you. You shall be responsible for all taxes associated with the Services.
Further, we have no control over, and cannot guarantee the availability of, any health care provider at any particular time. Sibi is not liable for any cancelled or unfulfilled appointments, or any injury or loss resulting from the foregoing, or for any other injury or loss related to your use of the Site or Services.
While we may help facilitate the resolution of disputes, Sibi has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Services, (ii) the truth or accuracy of any Service descriptions or user content, or (iii) the performance or conduct of any User or third party. Airbnb does not endorse any User or Services. Any references to a User being "verified" (or similar language) only indicate that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Sibi about any User, including of the User's identity or background or whether the User is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to use any Services, accept a booking request from a User, or communicate and interact with other Users, whether online or in person. Verified images are intended only to indicate a photographic representation of a Service, and are therefore not an endorsement by Sibi of any service.
Sibi may charge fees for use of certain Services and any applicable fees will be disclosed to Users via the Sibi platform.
Terms specific for Providers: If you choose to provide Services through Sibi, you acknowledge that you are not a contractor, employee, agent, joint venture or partner of Sibi, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Sibi. Sibi does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Services. You acknowledge and agree that you have complete discretion whether to list Services or otherwise engage in other business or employment activities.
When creating a Service through the Sibi platform you must (i) provide complete and accurate information about your Services (such as service description, location, and calendar availability), (ii) disclose any restrictions or requirements that apply (such as any minimum age, or fitness requirements) and (iii) provide any other pertinent information requested by Sibi. You are responsible for keeping your Service information (including calendar availability) up-to-date at all times.
You are solely responsible for setting a price (including any taxes if applicable) for your Services. Once a User requests your Service, you may not request that the User pay a higher price than in the booking request.
Any terms and conditions included in your Services, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Services.
Sibi may enable certain Providers to provide Services to certain Users, such as refugees or the unemployed, for free. You acknowledge that if you choose to participate in this, your ability to restrict your Services to certain Users may be limited.
Pictures, animations or videos (collectively, "Images") used in your Service listings must accurately reflect your Services. Sibi reserves the right to require that Service listings have a minimum number of Images of a certain format, size and resolution.
The placement and ranking of Services in search results on the Sibi platform may vary and depend on a variety of factors, such as User search parameters and preferences, Provider requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, reviews and ratings, type of Service, and/or ease of booking.
When you accept or have pre-approved a booking request by a User, you are entering into a legally binding agreement with the User and are required to provide your Service(s) to the User as described in your Service listing when the booking request is made. You also agree to pay the applicable Provider Fee and any applicable Taxes.
Sibi recommends that Providers obtain appropriate insurance for their Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Users (and the individuals the User has booked for, if applicable) while receiving your Services.
“Payout” means a payment initiated by Sibi to a User for Services performed in connection with the Sibi platform. “Payment Method” means a financial instrument that you have added to your Sibi account, such as a credit card, debit card, or PayPal account. “Payout Method” means a financial instrument that you have added to your Sibi account, such as a PayPal account, direct deposit, a prepaid card, or a debit card (where available).
Sibi provides payments services to Users, including payment collection services, payments and payouts, in connection with and through the Sibi platform (“Payment Services”).
Sibi may temporarily and under consideration of the Users’ legitimate interests (e.g., by providing prior notice), restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. Sibi may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. Sibi will provide notice to Users of any changes to the Payment Services, unless such changes do not materially increase the Users’ contractual obligations or decrease the Users’ rights under these Payments Terms.
The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Users should review them independently. Sibi is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Sibi of such Third-Party Services. Payment Methods and Payout Methods may also involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Sibi is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.
You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction that is your country of residence, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Provider Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
Sibi reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the Sibi platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.
Sibi may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.
We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. Towards this end, you authorize Sibi to screen you against third party databases or other sources and request reports from service providers. In some jurisdictions, we may have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. Sibi reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
You authorize Sibi to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your Sibi account.
You may authorize a third party to use your Sibi account in accordance with this Agreement. You acknowledge and agree that anyone you authorize to use your Sibi account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. Sibi is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
Each User collecting payment for Services provided via the Sibi platform (“Providing User”) hereby appoints Sibi as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Users purchasing such services (“Purchasing Users”). Each Providing User agrees that payment made by a Purchasing User through Sibi, shall be considered the same as a payment made directly to the Providing User, and the Providing User will provide the purchased services to the Purchasing User in the agreed-upon manner as if the Providing User has received the payment directly from the Purchasing User. Each Providing User agrees that Sibi may refund the Purchasing User in accordance with the Sibi Terms. Each Providing User understands that Sibi’s obligation to pay the Providing User is subject to and conditional upon successful receipt of the associated payments from Purchasing Users. Sibi guarantees payments to Providing Users only for such amounts that have been successfully received by Sibi from Purchasing Users in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Providing User, Sibi assumes no liability for any acts or omissions of the Providing User.
Each Purchasing User acknowledges and agrees that, notwithstanding the fact that Sibi is not a party to the agreement between you and the Providing User, Sibi acts as the Providing User’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing User. Upon your payment of the funds to Sibi, your payment obligation to the Providing User for the agreed upon amount is extinguished, and Sibi is responsible for remitting the funds to the Providing User in the manner described in these Terms, which constitute Sibi’s agreement with the Purchasing User. In the event that Sibi does not remit any such amounts, the Providing User will have recourse only against Sibi and not the Purchasing User directly.
You authorize Sibi to collect from you amounts due pursuant to these Terms. Specifically, you authorize Sibi to collect from you:
-Any amount due to Sibi (e.g., as a result of your bookings, booking modifications, cancellations, or other actions as a user of the Sibi platform), including reimbursement for costs prepaid by Sibi on your behalf, by charging any Payment Method on file in your Sibi account (unless you have previously removed the authorization to charge such Payment Method(s)) or by withholding such amounts from your future Payouts. Any funds collected by Sibi will setoff the amount owed by you to Sibi and extinguish your obligation to Sibi.
-Any amount due to a Providing User from a Purchasing User which Sibi collects as the Providing User’s payment collection agent as further set out above.
-Taxes, where applicable.
- Any service fees or cancellation fees imposed pursuant to these Terms (e.g., if, as a Providing User, you cancel a confirmed booking). Sibi will be entitled to recover the amount of any such fees from you, including by subtracting such refund amount out from any future Payouts due to you.
-Fees improperly paid to you as a Providing User. If, as a Providing User, your Purchasing User cancels a confirmed booking or Sibi decides that it is necessary to cancel a confirmed booking, and Sibi issues a refund to the Purchasing User in accordance with these Terms or other applicable cancellation policy, you agree that in the event you have already been paid, Sibi will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount. This may be performed by Sibi or a third party such as your financial institution.
If Sibi is unable to collect any amounts you owe under these Payments Terms, Sibi may engage in collection efforts to recover such amounts from you.
Financial Terms for Service providers
Generally speaking, Sibi will initiate collection of the Total Fees from a Patient at the time of the Patient’s booking, or at any other time mutually agreed between the Patient and Sibi.
In order to receive a Payout for a booking you must (i) have a valid Payout Method linked to your Sibi account, and (ii) respond to Sibi’s request, after the scheduled booking time is complete, for the status of the booking (i.e. whether the Patient was a no-show).
Sibi will generally initiate Payouts to your selected Payout Method once per week. In certain instances, Sibi may offer you a different time or trigger for payment. For example, in certain cases, eligible Providers may be able to receive a Payout for a booking prior to the completion of the appointment. Any such alternative Payout option may be subject to additional terms and conditions.
The time it takes to receive Payouts once released by Sibi may depend upon the Payout Method you select and the Payout Method provider’s processing schedule. Sibi may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
Your Payout for a booking will be the listing fee less applicable fees and Taxes.
In the event of a User’s cancellation of a confirmed booking Sibi will remit a Payout of any portion of the Total Fees due to you under the applicable cancellation policy.
For compliance or operational reasons, Sibi may limit the value of each individual Payout. If you are due an amount above that limit, Sibi may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.
Refund Claim Conditions:
To submit a valid claim for an appointment issue and receive the benefits with respect to your booked Service, you are required to meet each of the following conditions:
(a) you must be the User that booked the Service;
(b) you must report the appointment issue to us in writing or via telephone within 24 hours of discovering the issue, and you must provide us with information (including photographs, videos, or other written or tangible evidence) about the Provider and the circumstances of the issue;
(c) you must respond to any requests by us for additional information or cooperation on the issue within the time specified by Sibi;
(d) you must not have directly or indirectly caused the issue (through your action, omission or negligence);
(e) unless otherwise specified by Sibi or Sibi advises you that the issue cannot be remediated, you must use reasonable efforts to try to remedy the circumstances of the issue with the Provider; and
(f) in order to receive a reimbursement of total fees or assistance with booking an alternative Service, you must agree to not to receive the Service. If you choose or chose to receive the Service, you may still qualify for a partial refund at Sibi’s discretion as described in this policy (regardless of whether you reported the issue after the booking start time).
Provider Quality Standards:
If you are a Provider you are responsible for ensuring that the Services you list on the Sibi platform are accessible, adequately and accurately described in the Service description, safe and clean, and do not present a User with issues, as specified in these Terms.
If you are a Provider, and if (i) Sibi determines that a User has suffered an issue related to a Service listed by you and (ii) Sibi either reimburses that User (up to their Total Fees) or provides an alternative Service to the User, you agree to reimburse Sibi up to the amount paid by Sibi within 30 days of Sibi’s request. You authorize Sibi to collect any amounts owed to Sibi by reducing your Payout or as otherwise permitted pursuant to these Terms.
As a Provider, you understand that the rights of Users under these Terms will supersede your selected cancellation policy. If you dispute the issue, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the issue. In order to dispute an issue, you must use reasonable and good faith efforts to try to remedy any issue with the User unless Sibi advises you that the issue cannot be remediated or the User has canceled the Service.
Cancellation: With Sibi, it’s free to cancel your appointment up to 24 hours before your appointment start time.
We are unable to offer refunds within 24 hours of your appointment start time or for no-shows, requests within 24 hours of your scheduled appointment start time, or requests to prescribe a particular medication or complete particular paperwork that are not accepted. If there’s a mistake in your purchase, contact us as soon as possible by emailing us at email@example.com between 9 AM and 5 PM Eastern, Monday through Friday. We’ll resolve any questions as quickly as we can.
Sibi may publish an automated review on a Service cancelled by a Provider indicating that a booking was cancelled. In addition, Sibi may (i) keep the calendar for the Service unavailable or blocked for the date and time of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Provider has a valid reason for cancelling the booking pursuant to Sibi’s policy or has legitimate concerns about the Patient’s behavior.
In certain circumstances, Sibi may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed Service booking and initiate corresponding refunds and payouts. This may be for reasons set forth in Sibi's policy or (i) where Sibi believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Sibi, other Users, third parties or property, or (ii) for any of the reasons set out in these Terms.
If a Patient or Sibi cancels a confirmed booking, and the Patient receives a refund in accordance with the Refund Claim Conditions, the applicable cancellation policy set by the Provider and mentioned in the Service listing, after the Provider has already been paid, Sibi will be entitled to recover the amount of any such refund from the Provider, including by subtracting such refund amount out from any future payouts due to the Provider.
Ratings and Reviews:
Within a certain timeframe after completing a Service booking, Patients can leave a public review (“Review”) about the Provider. Reviews reflect the opinions of individual Users and do not reflect the opinion of Sibi. Reviews are not verified by Sibi for accuracy and may be incorrect or misleading. Reviews by Users must be accurate and may not contain any offensive or defamatory language. Users are prohibited from manipulating the Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User. Reviews are part of a User’s public profile and may also be surfaced elsewhere on the Sibi platform (such as the Services page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
Sibi generally supports payment amounts that are payable from or to Users to the smallest unit supported by a given currency (i.e., U.S. cents). Where Sibi’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Sibi may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Users to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar); for example, Sibi may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
As a Provider you are solely responsible for determining your obligations to report, collect, remit or include in your Service Fees any applicable VAT or other indirect sales taxes or income taxes (“Tax”). Tax regulations may require us to collect appropriate Tax information from Providers, or to withhold Taxes from payouts to Providers, or both. If a Provider fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
Term and Termination:
This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Sibi terminate the Agreement in accordance with this provision.
You may terminate this Agreement at any time by sending us an email. If you cancel your Sibi account as a Provider, any confirmed booking(s) will be automatically cancelled and your Patients will receive a full refund. If you cancel your Sibi account as a Patient, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the listing’s cancellation policy.
Without limiting our rights specified below, Sibi may terminate this Agreement for convenience at any time by giving you ten (10) days' notice via email to your registered email address.
Sibi may immediately, without notice, terminate this Agreement and/or stop providing access to the Sibi platform if (i) you have materially breached your obligations under these Terms or our Policies, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Sibi believes in good faith that such action is reasonably necessary to protect the personal safety or property of Sibi, its Users, or third parties (for example in the case of fraudulent behavior of a Provider).
In addition, Sibi may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, our Policies, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during Sibi account registration, Service listing process or thereafter, (iv) you and/or your Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Reviews or Sibi otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Sibi believes in good faith that such action is reasonably necessary to protect the personal safety or property of Sibi, its Users, or third parties, or to prevent fraud or other illegal activity: refuse to surface, delete or delay any listings, Reviews, or other User content; cancel any pending or confirmed bookings; limit your access to or use of the Sibi platform; temporarily or permanently revoke any special status associated with your Sibi account; temporarily or in case of severe or repeated offenses permanently suspend your Sibi account and stop providing access to the Sibi platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Sibi and an opportunity to resolve the issue to Sibi's reasonable satisfaction.
If we take any of the measures described above (i) we may refund your Patients in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
When this Agreement has been terminated, you are not entitled to a restoration of your Sibi account or any of your User content. If your access to or use of the Sibi platform has been limited or your Sibi account has been suspended or this Agreement has been terminated by us, you may not register a new Sibi account or access and use the Sibi platform through a Sibi account of another User.
US Use Only; Governing Law: Sibi services are only intended for users in the United States. Your information may be transmitted to third parties in other countries to help provide the services. Delaware governs these terms.
This Service is hosted in the United States and are intended only for users located in the United States. Sibi makes no representation that the materials are appropriate or available for use outside the United States. If you access our Service from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of our Services.
Note also that information submitted by you to us may be transmitted to and shared with third parties located in other countries, in order to provide Services to you. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Delaware, United States.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use only.
4. Referral Program
From time to time, we may make available certain incentives for Sibi Members (“Referrers”) to refer a friend (the “Referred Customer”) to use Sibi.
Referral Program Promotions: From time to time, Sibi may offer special promotions within its referral (“Promotions”) through which Referrers or Referred Customers may receive more generous Rewards or discounts (“Promotional Referrer Rewards”) by complying with any and all posted terms and conditions of such Promotions (“Promotional Terms”). Each Promotion will last for a limited time, and each Referrer/Referred Customer may only receive the more generous Reward (“Promotional Customer Reward”) once during any such promotional period. Sibi reserves the right to modify, change, add or remove portions of the terms and conditions of any Promotion at any time without prior notice by posting such amended terms and conditions.
5. Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Sibi, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Sibi from accessing the Service (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). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Sibi, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Sibi.
Third Party Material: Under no circumstances will Sibi be liable in any way for any content, materials or services of, or provided by or on behalf of, any third parties (including users or health care providers), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Sibi does not pre-screen content, but that Sibi and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Sibi and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Sibi, in its sole discretion, to be otherwise objectionable. The Services help you find and source certain third party health care services provided by or on behalf of independent third party Providers not related to Sibi. Sibi does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such health care services nor the Providers. By using the Service, you agree to hold us free from the responsibility for any liability or damage that might arise out of the transactions involved. As a user, by posting any content in our directory, or letting us do the same, you give us license to use your content, including any content, information, and any names, etc., in promotion of our directory and Services. NEITHER SIBI NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY THIRD PARTY PROVIDER NOR ANY USER OF THE SERVICES. ANY INDIVIDUALS WHO PROVIDE ANY THIRD PARTY SERVICES ARE NOT EMPLOYEES NOR CONTRACTORS OF SIBI, AND SIBI IS NOT RESPONSIBLE FOR THEIR ACTIONS OR INACTIONS NOR FOR ANY SERVICES THEY PROVIDE (OR FAIL TO PROVIDE).
You acknowledge that the list of health care providers listed on the Service may not be a complete list of every health care provider within the specified specialty category or specified distance of the address specified and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information. While we take commercially reasonable steps to ensure the information contained about a particular health care provider is accurate and complete, we rely on information reported by the health care provider, which might not be accurate, complete, and/or updated on a regular basis. We are not responsible for content or services descriptions from health care providers.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Sibi are non-confidential and Sibi 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 Sibi 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 Sibi, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Sibi does not provide any medical advice or services, and should not be relied upon as a substitute for consultations with qualified professionals who are familiar with your individual needs. The Providers (and not we) are solely responsible for all content and any health care services they provide. Sibi shall have no liability whatsoever to you for acts, omissions, care, or lack thereof, from Providers. We are not responsible for any disputes between Providers and you (e.g., resulting from the health care services they provide or are supposed to provide).
6. Our Obligations
To provide and process the services to you, Sibi shares your personally identifiable information with our authorized service providers that perform certain services or functions on our behalf. Sibi may be required by law to disclose information you have provided in using any of the services on the Site. Sibi may also disclose information where someone poses a threat to Sibi’s interests (such as user fraud) or whose activities could bring harm to others. In addition, it may be necessary in the reasonable opinion of officials of Sibi that certain information be provided to third parties, such as law enforcement authorities or governing bodies for a particular health care provider. In the event that Sibi receives a court order to disclose information on the Site about you or your activities on the Site, you agree that such information may be disclosed.
You may request that we update or change the information you provided to us or to receive a copy of the information we have stored by emailing us at firstname.lastname@example.org or by updating the information in your Member profile. We will make every reasonable effort to honor your wishes, or provide you with an explanation of why we cannot make the changes requested. We may request proof of identity before responding to any requests.
7. Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Sibi has no control over such sites and resources and Sibi is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Sibi 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 content, events, goods or services available on or through any such site or resource.
8. Indemnity and Release
You agree to release, indemnify, defend and hold Sibi and its affiliates and its and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, liabilities, fines, fees, penalties, costs, expenses, including reasonable attorneys’ fees, arising out of or related to any allegations, rights, claims, actions of any kind arising out of or related to: (i) injury (including death) or damage to property caused by your or your agents’ action or inaction; (ii) your use of the Service, (iii) any User Content or any other content or materials you supply directly or indirectly, (iv) your connection to the Service, (v) your violation of these Terms of Service, or (vi) your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. ANY OBLIGATION TO INDEMNIFY AN INDEMNITEE FOR ANY LOSS, LIABILITY OR EXPENSE ARISING FROM ANY NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, WILLFUL, FRAUDULENT OR INTENTIONAL CONDUCT COMMITTED BY ANY INDEMNITEE MAY NOT BE ENFORCEABLE AGAINST ANY VISITOR OF THE SERVICES TO THE EXTENT APPLICABLE LAW SO REQUIRES, SUCH AS FROM CERTAIN JURISDICTIONS (SUCH AS FROM NEW JERSEY).
9. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SIBI 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.
SIBI MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, PROVIDERS, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
10. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIBI 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 SIBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING IF 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; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE (INCLUDING WITHOUT LIMITATION ANY PROVIDER); OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL SIBI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SIBI IN THE LAST SIX (6) MONTHS, 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 SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION AND RELEASE”, “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.
11. Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the Arbitration Agreement (“Arbitration Agreement”). You agree that any and all disputes or claims that have arisen or may arise between you and Sibi, 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. You agree that, by entering into these Terms of Service, you and Sibi 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.
Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND SIBI 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 SIBI 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.
If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Pre-Arbitration Dispute Resolution: Sibi 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 customer support at email@example.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 Sibi should be sent to 2116 Chestnut Street 2907, Philadelphia PA 19103 (“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 Sibi and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Sibi may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Sibi or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sibi is entitled.
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 Sibi and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by the AAA. If your claim is for $10,000 or less, Sibi 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.
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 $10,000 or less, and if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees, at your request, Sibi will reimburse those fees unless the arbitrator determines the claims are frivolous. Likewise, Sibi will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sibi 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, Sibi 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 Sibi 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).
You agree that Sibi, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Sibi 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 Service, may be referred to appropriate law enforcement authorities. Sibi may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice and Sibi 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 Service. Further, you agree that Sibi will not be liable to you or any third party for any termination of your access to the Service.
14. Your Privacy
15. 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 PatientPower, Co., 2116 Chestnut Street 2907, Philadelphia, PA 19103.
16. Questions? Concerns? Suggestions?
Please contact us by email at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.
17. Changes to These Terms of Service
Sibi reserves the right, at any time, to modify, alter, or update these Terms of Service by posting the modified, altered or updated terms on the Site or through other reasonable means, and you agree to be bound by such modifications, alterations or updates. If you do not agree to such modifications, alterations or updates, you should terminate your use of the Services. Any such changes will become effective when they are posted. Your continued use of any of the Services following the posting of notice of any changes in this Agreement shall constitute your acceptance of such modifications, alterations and updates