Terms of Service

Last Updated:

July 25, 2025

Terms of Service

Please read these Terms of Service (the “Agreement”) carefully. Your use of the Service (as defined below) constitutes your consent to this Agreement.

This Agreement is between you and Haven Health, Inc. (“Haven Health” or “we” or “us” or “our”) concerning your use of (including any access to) the Haven Headache and Migraine Center website located at havenheadache.com (the “Site”) and mobile software application (the “App”) (together with any materials and services available therein, and successor Service(s) thereto, the “Service”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Haven Health through the Service, or otherwise made available to you by Haven Health.

Use of the Service by anyone under the age of 18 is strictly prohibited. By using the Service, you affirm that you are of legal age to enter into this Agreement.

This Agreement contains (among other things) (a) a mandatory arbitration provision that, as further set forth in Section 23 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind; and (B) certain terms and restrictions that apply with respect to the subscription Service as set forth in Section 7 below. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING COMPLIANCE@HAVENHEADACHE.COM WITHIN 30 DAYS OF ACCEPTING THESE TERMS.

1. Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.

Your use of the Service following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Service (including access to the Service via any third-party links); charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users.

2. Information Submitted Through the Service. Your submission of information through the Service is governed by Haven Health’s Privacy Policy, located at havenheadache.com/privacy-policy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Service is and will remain accurate and complete, and that you will maintain and update such information as needed.

3. Jurisdictional Issues. The Service is controlled or operated (or both) from the United States, and is not intended to subject Haven Health to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

4. Rules of Conduct. In connection with the Service, you must not:

Post, transmit or otherwise make available through or in connection with the Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Post, transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment (each, a “Virus”).
Use the Service for commercial purposes except as expressly authorized herein or in a separate writing, without Haven Health’s express prior written consent.
Use the Service for any purpose that is fraudulent or otherwise tortious or unlawful.
Harvest or collect information about users of the Service.
Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Service.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein or in a separate writing, without Haven Health’s express prior written consent.
Reverse engineer, decompile or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark or other proprietary rights notice from the Service.
Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without Haven Health’s express prior written consent.
Systematically download and store Service content.
Use any robot, spider, Service search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Service content, or reproduce or circumvent the navigational structure or presentation of the Service, without Haven Health’s express prior written consent.

You are responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other services needed to use the Service.

5. Our Service. Through our Service, we operate a virtual clinic dedicated to headache care. We provide services to prospective patients through telehealth tools and link them to healthcare services, medications, and testing by partnering with third-party healthcare providers, labs, and pharmacies (“Affiliated Providers”).

§ 5.1. Haven Health is not the agent, partner, joint venturer, employee, or representative of any Affiliated Provider and has no authority to execute contracts on any Affiliated Provider’s behalf or otherwise bind any Affiliated Provider. Haven Health and Affiliated Providers are independent contractors. The selection of a specific Affiliated Provider, and the decision of whether to proceed with care or any other matter relating to the subject matter hereof, is in your sole and absolute discretion.

§ 5.2. Each Affiliated Provider, and not Haven Health, determines the prices, terms, and conditions under which the Provider offers or sells any services or care. Except for Haven Health’s role in connection with initially introducing you to an Affiliated Provider and otherwise engaging with Affiliated Providers to provide and enable the Service, Affiliated Providers control, and are solely responsible for, all discussions and negotiations regarding any proposed or actual offering or sale of healthcare services or care. Nothing in this Agreement shall obligate Haven Health to actually engage in any discussions or negotiations between you and an Affiliated Provider or consummate any transaction between you and any Affiliated Provider.

6. Content. While utilizing the Service, you may encounter certain content, text, data, graphics, images, photographs, video, audio, information, suggestions, articles, scheduling availability, guidance, and other materials provided, made available, or otherwise found through the Service (collectively, “Content”), including Content provided by Haven Health, Affiliated Providers, or others in direct response to your questions or postings.

§ 6.1 You acknowledge that although some Content may be provided by healthcare professionals, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided for your convenience only to assist you in choosing an Affiliated Provider or otherwise be generally informative. Procedures, products, services, and devices discussed and/or marketed through the Service are not applicable to all individuals or all clinical situations. Any procedures, products, services, or devices represented through the Service by advertisers, sponsors, and other participants of the Service, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome, or success. No party (including Haven Health) involved in the preparation or publication of such works guarantees that the Content is timely, accurate, or complete. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT (INCLUDING DESCRIPTIONS OF PROFESSIONAL QUALIFICATIONS, CERTIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION). IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY ERRORS OR OMISSIONS IN SUCH CONTENT OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE, REFER, OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED IN CONTENT AND/OR ACCESSIBLE THROUGH THE SERVICE.

7. Support. We are under no obligation to provide support for the Service. Instances where we may offer support, the support will be subject to published policies. Support is conducted through email at compliance@havenheadache.com, phone at (424) 444-7399, and live chat at havenheadache.com.

8. Registration; User Names and Passwords. You may need to register to use all or part of the Service. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Haven Health, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Service account.

9. License. "Submissions" means any form of communication, content, or material you submit, upload, post, send, or otherwise provide to us through the Service, including, but not limited to, text, photographs, videos, reviews, information, feedback, and comments. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Haven Health under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this Section 10, and that your Submissions, and your provision thereof through and in connection with the Service, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

Notwithstanding the foregoing, in the case of Healthcare Information (as defined in the Haven Health Privacy Policy) that constitutes part of your medical record as provided, created, or maintained by Affiliated Providers, such healthcare information shall be owned by the respective Affiliated Provider. This exception to the ownership of Submissions ensures that all healthcare information pertaining to your medical record remains under the ownership and control of the Affiliated Provider responsible for your care, in accordance with applicable laws and regulations governing patient health records.

10. Monitoring. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Service, or analyze your access to or use of the Service unless prohibited by law. We may disclose information regarding your access to and use of the Service, and the circumstances surrounding such access and use in accordance with the Haven Health Privacy Policy.

11. Your Limited Rights. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Haven Health to use the Service, you may view one (1) copy of any portion of the Service to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use. The App is licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Haven Health to use the App, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your mobile device.

12. Haven Health’s Proprietary Rights. We and our suppliers own the Service, which is protected by proprietary rights and laws. All trade names, trademarks, service marks and logos on the Service not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

13. Third Party Materials; Links. Certain Service functionality may make available access to information, products, services and other materials made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Haven Health with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Service at any time. In addition, the availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).

14. Terms of Sale.

§ 14.1. All products offered for sale by Haven Health are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Service. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.

§ 14.2. Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes, and other applicable charges associated with the products that are included in the shipment.

§ 14.3. You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Service, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.

§ 14.4. In connection with any purchase you make through the Service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant us without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service, and other service providers) for the purpose of facilitating the transaction and providing the Service, subject to our Privacy Policy.

§ 14.5. All credit card, debit card and other monetary transactions on or through the Services occur through an online payment processing application(s) accessible through the Services. This online payment processing application(s) is provided by Haven Health’s third-party online payment processing vendor. Our processing vendor is a third-party, and is in no way subject to our direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.

15. Promotions. Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

16. We do not provide medical advice. Haven Health is not a healthcare provider. The Service, and the Content that you obtain or receive from Haven Health, its employees, contractors, partners, sponsors, advertisers, licensors, or otherwise through the Service, are for informational, scheduling, and payment purposes only. All medically related information, including information shared via Haven Health social channels, Haven Health emails and phone calls or text messages, and Haven Health advertising is for informational and communicative purposes only. While we hope the Content is useful in your patient journey, it is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not use the Service for emergency medical needs. If you experience a medical or mental health emergency, are thinking about suicide or taking actions that may cause harm to you or to others, immediately call a healthcare professional and/or 911 (or other local emergency number if not in the united states). Haven Health assumes no responsibility or liability for any delay in seeking emergency medical treatment. Your use of the Service is solely at your own risk. Nothing stated, posted, or available through the Service is intended to be, and must not be taken to be, the practice of medicine, dentistry, nursing, pharmacy, or other professional healthcare advice, or the provision of medical care.

17. Not a Referral Service. Haven Health is not a referral service and does not refer, recommend, or endorse any particular Affiliated Provider, test, procedure, opinion, or other information that may appear through the Service. If you rely on any Content, you do so solely at your own risk. We do not confirm the credentials of any Affiliated Provider. We do not validate that any such persons are in good standing with their respective licensure board(s) or that they are using the Services in accordance with laws applicable to the practice of medicine. It is YOUR responsibility to separately confirm that an Affiliated Provider is in good standing with his or her respective licensing board(s) and to exercise whatever other due diligence you feel is appropriate in selecting and maintaining your choice of healthcare professionals..

18. No Doctor-Patient Relationship. Affiliated Providers may use the Service to share content with you, but your use of this content is not a substitute for healthcare. No licensed medical professional/patient relationship is created when you use the service or content. This is true whether such Content is provided by or through the use of the service or through any other communications from Haven Health including Haven Health emails, Haven Health texts or links to other websites, or any assistance we may provide to help you find an appropriate provider in any field.

19, Disclaimer of Warranties. To the fullest extent permitted under applicable law: (a) the Service and any Third Party Materials are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express, implied or statutory; and (b) Haven Health disclaims all warranties with respect to the Service and any Third Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this Section 19 and elsewhere in this Agreement) are made for the benefit of both Haven Health and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Affiliated Entities”), and their respective successors and assigns.

While we try to maintain the timeliness, integrity and security of the Service, we do not guarantee that the Service is or will remain updated, complete, correct or secure, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Service. If you become aware of any such alteration, contact us at compliance@havenheadache.com with a description of such alteration and its location on the Service.

20. Limitation of Liability. To the fullest extent permitted under applicable law: (a) Haven Health will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of Submissions (including unauthorized interception by third parties of any Submissions), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, Haven Health will not be liable for damages of any kind resulting from your use of or inability to use the Service or from any Third Party Materials, including from any Virus that may be transmitted in connection therewith; (c) your sole and exclusive remedy for dissatisfaction with the Service or any Third Party Materials is to stop using the Service; and (d) the maximum aggregate liability of Haven Health for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the lesser of (i) the total amount, if any, paid by you to Haven Health to use the Service in the three (3) month period preceding the event giving rise to the claim, or (ii) five hundred dollars ($500). All limitations of liability of any kind (including in this Section 20 and elsewhere in this Agreement) are made for the benefit of both Haven Health and the Affiliated Entities, and their respective successors and assigns.

21. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Haven Health and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Service (including all Submissions); (b) any violation or alleged violation of this Agreement by you; (c) YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS; (d) ANY CONTENT YOU POST, UPLOAD, USE, DISTRIBUTE, STORE, OR OTHERWISE TRANSMIT THROUGH THE SERVICES; OR (E) OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR USER ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES THROUGH YOUR USER ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE. YOU AGREE TO INDEMNIFY US AGAINST ANY CLAIMS BROUGHT BY A THIRD PARTY ALLEGING THAT YOUR USE OF THE SERVICES INFRINGES OR MISAPPROPRIATES ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. WE WILL PROMPTLY PROVIDE YOU WITH NOTICE OF ANY SUCH CLAIM, SUIT OR ACTION. WE WILL REASONABLY COOPERATE, AT YOUR EXPENSE, IN THE DEFENSE OF ANY SUCH CLAIM, SUIT OR ACTION. YOU SHALL ALLOW US TO PARTICIPATE IN THE DEFENSE AND SHALL NOT SETTLE ANY SUCH CLAIM, SUIT OR ACTION WITHOUT THE PRIOR WRITTEN CONSENT OF HAVEN HEALTH.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “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 OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

22. Termination. This Agreement is effective until terminated. Haven Health may terminate or suspend your use of the Service at any time and without prior notice, for any or no reason, including if Haven Health believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Service will immediately cease, and Haven Health may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. The following provisions will survive any termination or expiration of this Agreement: Sections related to Indemnity, Intellectual Property Rights, Limitation of Liability, Disclaimers, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive termination. .

23. Governing Law; Arbitration.

§ 23.1 Governing Law. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A without regard to its principles of conflicts of law, and regardless of your location.

§ 23.2 Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Haven Health, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Haven Health and you are each waiving the right to trial by a jury. Such disputes include disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.

§ 23.3 The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/Services/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

§ 23.4 Each party shall bear its own attorneys' fees, costs and expenses, and an equal share of the arbitrator's and administrative fees of arbitration, unless otherwise required by law.

§ 23.5 Exceptions to Agreement to Arbitrate. We may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.

§ 23.6 Opt-Out of Alternative Dispute Resolution Process. Notwithstanding the above, you can decline or “opt-out” of the alternative dispute resolution process described above by contacting compliance@havenheadache.com within 30 days of first accepting these Terms and stating that You (first and last name) decline this dispute resolution process. YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO A JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS. If you opt out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, you submit to the exclusive jurisdiction of any state or federal court sitting in the State of California within twenty-five (25) miles of San Francisco in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and you hereby waive any right to object to such filing on grounds of improper venue, forum non-convenience, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.

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24. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Haven Health does not endorse any of the products or services listed on such Service.

25. Information or Complaints. If you have a question or complaint regarding the Service, please send an e-mail to compliance@havenheadache.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

26. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

27. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Haven Health. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Haven Health relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Haven Health relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Service or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall 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. Haven Health will not be responsible for any failure or delay in fulfilling any obligation due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemic, changes in laws or regulations, labor disputes, and technical failures outside of Haven Health's control.

28. Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Haven Health in accordance with the “Information or Complaints” section (Section 25) above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Haven Health’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

29. Mobile Messaging Service. If you have opted in, Haven Health’s mobile messaging service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., discounted products) from Haven Health via recurring text messages through your wireless provider to the mobile number you provided. Message frequency varies. Message and data rates apply. By opting in, you expressly consent to receive these messages and acknowledge that opting out of messages may impact service functionality. For Service support or assistance, send an email to compliance@havenheadache.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.

Subject to, and without limiting your obligations in, Section 21 (Indemnity), you agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of Haven Health’s mobile messaging service or from you providing us with a phone number that is not your own. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Haven Health mobile messaging service, any errors in such information, and/or any action you may or may not take in reliance on the information or the Haven Health mobile messaging service.

30. Telemedicine Informed Consent. Telemedicine is the delivery of healthcare services, including examination, consultation, diagnosis, and treatment, through electronic communication technologies when you (the patient) are in a different location than your healthcare practitioner. Please review the Telemedicine Informed Consent to learn about the risks and benefits of receiving healthcare via telemedicine. If you choose to access services through one of our Affiliated Providers, you must review and sign the Telemedicine Informed Consent form before receiving any healthcare services. Failure to sign the consent form will result in inability to access telemedicine services.

31. DIGITAL MILLENNIUM COPYRIGHT ACT POLICY. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Service infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to compliance@havenheadache.com.

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