Terms of Service
Last Updated: July 9th, 2025
The website located at https://patientforward.org/ (the “Site”) is a copyrighted work belonging to Patient Forward, a project of NEO Philanthropy Inc. (“Patient Forward”, “NEO,” “us”, “our”, and “we”). Certain features of the Site, including services made available through the Site (“Services”), may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use (collectively, these “Terms”).
THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE OR ANY SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES, OR ACCEPT THESE TERMS, IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE OR ANY SERVICES.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 9.2 (DISPUTE RESOLUTION)) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
THE SERVICES DO NOT INCLUDE, AND PATIENT FORWARD DOES NOT OFFER OR PROVIDE, LEGAL ADVICE OR LEGAL SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY INFORMATION OR DATA PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION EDUCATIONAL RESOURCES OR DATA, IS MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS,” AND MAY NOT BE ACCURATE OR COMPLETE. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING ANY INFORMATION PROVIDED ON OR THROUGH THE SITE OR SERVICES, AND YOU USE OR RELY ON SUCH INFORMATION, OR THE SITE OR SERVICES, AT YOUR OWN RISK.
PLEASE BE AWARE THAT SECTION 1.1 (COMMUNICATIONS FROM PATIENT FORWARD) OF THESE TERMS, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING BUT NOT LIMITED TO E-MAIL COMMUNICATIONS.
1. Our Services. Our Services include without limitation the Site, the information and educational resources hosted on or made available through the Site (“Educational Resources”), and the donation portal through which supporters of Patient Forward may use a Third-Party Service (defined below) to donate on a one-time or recurring basis to support Patient Forward’s and its partners’ missions (“Donation Portal”).
1.1 Educational Resources. All Educational Resources are made available on an “AS IS” and “WITH ALL FAULTS” basis. Educational Resources may be contributed by third parties and may not be accurate or up-to-date, and you agree that Patient Forward is not liable for any inaccuracies or inconsistencies therein. Patient Forward does not represent that Educational Resources are, and you should not use Educational Resources as, legal, medical, or other professional advice or guidance. Please independently verify all Educational Resources.
1.2 Donation Portal. Patient Forward appreciates your donations! The Donation Portal is hosted and operated by a Third-Party Service, and your access to and use of the Donation Portal is subject to such Third-Party Service’s terms and conditions, as may be updated from time to time. Please review those terms, including any privacy policies, carefully, for more information on your rights and obligations when you make a donation through the Donation Portal, including how the Third-Party Service may access, use, and process your data and information.
1.3 Communications from Patient Forward. By providing us with your email address, you agree to receive electronic communications from us. Communications from us may include: operational communications concerning your donations, updates concerning new and existing Patient Forward initiatives and Educational Resources, and news concerning Patient Forward and industry developments. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
1.4 Abortion Policy API. Patient Forward makes available an application programming interface which permits users to query our database of state abortion policies (collectively, the “Abortion Policy API”). Please note access to the Abortion Policy API and any data made available in connection therewith is governed by our API License Agreement, which may be viewed at the following hyperlink: https://www.abortionpolicyapi.com/terms.
2. Privacy. All information collected by Patient Forward will be used as described in Patient Forward’s Privacy Policy, as made available at https://www.patientforward.org/privacy and as may be updated from time to time. For information on how we handle your personal information in connection with your access to and use of the Site, please read our Privacy Policy.
3. Access to the Site; Ownership.
3.1 License from Patient Forward. Subject to your ongoing compliance with these Terms, Patient Forward hereby grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Site solely for your own personal, noncommercial use.
3.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services, whether in whole or in part, or any content displayed on the Site or made available through the Services; (b) you shall not modify, disassemble, reverse compile or reverse engineer any part of the Site or Services; and (c) you shall not access the Site or Services in order to build a similar or competitive website, product, or service. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms. You acknowledge and agree that we reserve the right to limit or throttle your access to the Site or any Services in our sole discretion.
3.3 Modification. Patient Forward reserves the right, at any time, to modify, suspend, or discontinue the Site and Services (in whole or in part) with or without notice to you. You agree that Patient Forward will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site, Services, or any part thereof.
3.4 No Support or Maintenance. You acknowledge and agree that Patient Forward will have no obligation to provide you with any support or maintenance in connection with the Site or any Services.
3.5 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, Marks (defined below), and trade secrets, in the Site and its content (including the Services) are owned by Patient Forward or Patient Forward’s licensors. Neither these Terms nor your access to the Site or Services transfers to you or to any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.1 (License from Patient Forward). Patient Forward and its licensors reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
3.6 User Content; No Sensitive Information. You may be able to provide information, data, photographs, text, and other content (“User Content”) through user submission portals and other areas of the Site and Services. When you make any User Content available, you (i) hereby grant to Patient Forward a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, creative derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all User Content, and to sublicense the foregoing rights, in connection with the operation and maintenance of Patient Forward’s business; and (ii) represent and warrant that you have the right to grant the foregoing license in and to such User Content. You agree you will not provide or otherwise make available any User Content which constitutes, incorporates, or includes any personal data, personally identifiable information, or health information relating to you or any third party (including, but not limited to, any Protected Health Information (as defined in 45 C.F.R. § 160.103)) (collectively, “Sensitive Information”). While we use commercially reasonable efforts to protect personal information in accordance with the terms of our Privacy Policy, our Services are not intended to receive or store any Sensitive Information and we cannot guarantee the security of such Sensitive Information or mitigate any safety risks arising from disclosure thereof.
3.7 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Patient Forward, whether through the Site or any other means (“Feedback”) is undertaken at your own risk and that Patient Forward has no obligations (including, and without limitation, obligations of confidentiality) with respect to such Feedback. You hereby grant to Patient Forward a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, creative derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Patient Forward’s business.
4. Indemnification. You agree to indemnify and hold Patient Forward, a project of NEO Philanthropy Inc. (“NEO”), NEO, its parent companies, subsidiaries, affiliates, successors, and assigns, and all of their respective officers, directors, employees, agents, and representatives (collectively, the “Patient Forward Parties”) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services; (b) your User Content, including but not limited to any User Content submitted in violation of Section 3.6 (User Content; No Sensitive Information); (c) your use of, or reliance on, any Educational Resources; (d) your violation of these Terms; or (e) your violation of applicable laws or regulations. The Patient Forward Parties reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Patient Forward. Patient Forward will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. Third-Party SERVICES; Release.
5.1 Third-Party Services. The Site and Services may contain or link to third-party applications, websites, and services, and/or display advertisements for third parties (collectively, “Third-Party Services”). Such Third-Party Services are not under the control of Patient Forward, and Patient Forward is not responsible for any Third-Party Services. Patient Forward provides access to these Third-Party Services only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services. You interact with and use all Third-Party Services at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Services, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction, including any donation via the Donation Portal, in connection with such Third-Party Services.
5.2 Release. You hereby release and forever discharge Patient Forward and NEO (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site and/or Services (including any interactions with, or act or omission of, other users of the Site or any Third-Party Services). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
6. Disclaimers. THE SITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND Patient Forward (OR NEO, AND OUR SUPPLIERS AND LICENSORS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS AND LICENSORS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE OR ANY SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Patient Forward (OR NEO, OR OUR SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF Patient Forward HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
The Services are not and do not offer, nor are they intended to be or offer, any legal advice. You expressly acknowledge and agree that the ServiCes and information provided through the Services are solely for informational purposes only, and should not be treated as legal or other professional advice or a substitute for advice of an attorney. THE SERVICES ARE A RESEARCH TOOL AND SHOULD BE USED FOR RESEARCH PURPOSES ONLY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO REVIEW AND VERIFY ALL EDUCATIONAL CONTENT PRIOR TO RELYING ON SUCH EDUCATIONAL CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site or any Services. We may suspend or terminate your rights to use the Site or any Services at any time for any reason at our sole discretion, including for any use of the Site or any Services in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site and all Services will terminate immediately. Patient Forward (NEO) will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 3.2 (Certain Restrictions), 3.3 (Modification), 3.4 (No Support or Maintenance), 3.5 (Ownership), 3.6 (User Content), 3.7 (Feedback), 4 (Indemnification), 5 (Third Party Services; Release), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Term and Termination), and 9 (General).
9. General.
9.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current email address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
9.2 Dispute Resolution. Please read the following arbitration agreement in this Section (the “Arbitration Agreement”) carefully. It requires you to arbitrate Disputes with the Patient Forward Parties (including, but not limited to, NEO) and limits the manner in which you can seek relief from the Patient Forward Parties.
(a) Applicability of Arbitration Agreement. You agree that any dispute between you and any of the Patient Forward Parties (including, but not limited to, NEO) relating in any way to the Site, Services, or these Terms (a “Dispute”) will be resolved by binding arbitration, rather than in court, except that (1) you and the Patient Forward Parties may assert individualized claims in small claims court if the claims qualify, remain in such court, and advance solely on an individual, non-class basis; and (2) you or the Patient Forward Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall survive the expiration or termination of these Terms and shall apply, without limitation, to all claims that arose or were asserted before you agreed to these Terms (in accordance with the preamble) or any prior version of these Terms. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against the Patient Forward Parties on your behalf. For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms as well as claims that may arise after the termination of these Terms.
(b) Informal Dispute Resolution. There might be instances when a Dispute arises between you and Patient Forward. If that occurs, Patient Forward is committed to working with you to reach a reasonable resolution. You and Patient Forward agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost, and mutually beneficial outcome. You and Patient Forward therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Patient Forward that you intend to initiate an Informal Dispute Resolution Conference should be sent by mail or email to the mailing address or email address set forth below. The Notice must include: (1) your name, telephone number, mailing address, and e‐mail address; (2) the name, telephone number, mailing address, and e‐mail address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
(c) Arbitration Rules and Forum. These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the process described in subsection 9.2(b) does not resolve satisfactorily within 60 days after receipt of your Notice, you and Patient Forward agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, and e‐mail address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual basis of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the process described in subsection 9.2(b); and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Unless you and Patient Forward otherwise agree, or the Batch Arbitration process discussed in subsection 9.2(h) is triggered, the arbitration will be conducted in the county where you reside. Subject to JAMS’s rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS rules. You and Patient Forward agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
(d) Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve all disputes subject to arbitration hereunder including, without limitation, any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to subsection 9.2(f), including any claim that all or part of subsection 9.2(f) is unenforceable, illegal, void, or voidable, or that subsection 9.2(f) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in subsection 9.2(h), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in subsection 9.2(h). The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
(e) Waiver of Jury Trial. EXCEPT AS SPECIFIED in SUBsection 9.2(a) YOU AND THE pATIENT FORWARDPARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Patient Forward Parties are instead electing that all covered claims and disputes shall be resolved exclusively by arbitration under this Arbitration Agreement, except as specified in subsection 9.2(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
(f) Waiver of Class or Other Non-Individualized Relief. YOU AND pATIENT FORWARD AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 9.2(h) EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under subsection 9.2(h). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection 9.2(f) are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Patient Forward agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in New York City, New York, as applicable. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Patient Forward from participating in a class-wide settlement of claims.
(g) Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Patient Forward need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the process described in subsection 9.2(b), is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
(h) Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Patient Forward agree that in the event that there are 100 or more individual Requests of a substantially similar nature filed against Patient Forward by or with the assistance of the same law firm, group of law firms, or organizations, within a 30 day period (or as soon as possible thereafter), JAMS shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the JAMS, and the JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Patient Forward. You and Patient Forward agree to cooperate in good faith with the JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective, and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
(i) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the mailing address or email address set forth below within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us or may enter into in the future with us.
(j) Invalidity, Expiration. Except as provided in subsection 9.2(f), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Patient Forward as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
(k) Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Patient Forward makes any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing Patient Forward at the mailing address or email address set forth below. Unless you reject the change within 30 days of such change becoming effective by writing to Patient Forward in accordance with the foregoing, your continued use of the Site and/or Services, including the acceptance of Services offered on the Site following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or of the Site, any communications you receive, any products sold or distributed through the Site, the Services, or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Patient Forward will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
9.3 Governing Law; Jurisdiction. These Terms, and any dispute arising from these Terms, shall be governed by and construed in accordance with the laws of the State of New York, excluding any conflicts of laws provisions that might apply the laws of any other jurisdiction. You agree that, subject to Section 9.2 (Dispute Resolution), any claim arising from or related to these Terms or your use of the Site shall be heard in the state or federal courts sitting in New York City, New York, and you and we agree to the exclusive venue and jurisdiction of such courts.
9.4 Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Patient Forward, or any products utilizing such data, in violation of the United States export laws or regulations.
9.5 Disclosures. Patient Forward is located at the address in Section 9.10 (Contact Information). If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 N. Market St. Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
9.6 Electronic Communications. The communications between you and Patient Forward use electronic means, whether you use the Site or send us emails, or whether Patient Forward posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Patient Forward in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Patient Forward provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
9.7 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The Section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Patient Forward is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Patient Forward’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Patient Forward may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
9.8 Force Majeure. Patient Forward shall not be liable for any delay or failure to perform resulting from causes outside of its reasonable control, including but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, and pandemic or epidemics.
9.9 Copyright/Trademark Information. Copyright © 2025 Patient Forward. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
9.10 Contact Information:
hello@patientforward.org