Terms and Conditions
In accordance with these Terms and Conditions, BIMA makes available an online patient virtual office visit service with a BIMA health care provider, called "BIMAeClinic" (the "Service"). The Service is not intended to replace the relationship that you have with your health care provider. Rather, it is intended to provide an easily accessible means of obtaining health care information about a defined set of common medical conditions.
The Service offers online medical visits for patients ages nineteen (18) and older who are located in the State of Alabama. The Service is provided for a fee, and is not for emergency or urgent medical conditions.
THE SERVICE MAY ONLY BE USED TO REQUEST ADVICE FOR NON-EMERGENCY AND NON-URGENT CONDITIONS. DO NOT USE THE SERVICE TO COMMUNICATE WITH BIMA IF THERE IS AN EMERGENCY, URGENT OR LIFE-THREATENING CONDITION OR WHEN YOU REQUIRE AN ANSWER IN A SHORT PERIOD OF TIME. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD SEEK EMERGENCY MEDICAL SERVICES IMMEDIATELY OR CALL 911.
- General Conditions.
YOUR USE OF THIS BIMA PORTAL TO ACCESS THE SERVICE (the "WEBSITE"), INCLUDING ANY USE OF THE SERVICE, IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. BECAUSE THE SERVICE IS ACCESSIBLE VIA THE WEBSITE, YOU AGREE TO ABIDE BY THE LEGAL NOTICES / DISCLAIMERS PARTICULAR TO YOUR VIRTUAL VISIT AS WELL AS THOSE THAT ARE POSTED ON THE WEBSITE.
THESE TERMS AND CONDITIONS, MATERIALS REFERENCED HEREIN, AND THE CONTENT OF THE WEBSITE ARE SUBJECT TO CHANGE AT BIMA'S SOLE DISCRETION. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS AND CONDITIONS REGULARLY AS YOUR USE OF THE SERVICE FOLLOWING SUCH CHANGES INDICATES YOUR ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS.
BY CLICKING THE "I ACCEPT" BOX WHEN REGISTERING TO USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AS WELL AS:
ALL OF WHICH ARE INCORPORATED AND MADE PART OF THESE TERMS AND CONDITIONS BY REFERENCE.
BIMA MAY LICENSE SOFTWARE FROM ONE OR MORE THIRD-PARTIES (EACH, A "LICENSOR") IN ORDER TO PROVIDE YOU THE SERVICE THROUGH THE WEBSITE. BY USING THE SERVICE AND THE WEBSITE YOU AGREE THAT THESE TERMS AND CONDITIONS ARE ALSO FOR THE BENEFIT OF A LICENSOR AND A LICENSOR HAS THE LEGAL AUTHORITY AND RIGHT TO ENFORCE THESE TERMS AND CONDITIONS AGAINST YOU TO THE SAME EXTENT AS BIMA.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICE.
- Services Provided. The Service is a limited, online health care service offered by BIMA. The Service enables you to submit health information and symptoms for only those non-emergency or non-urgent conditions identified on the Service menu. BIMA health care providers licensed in the State of Alabama will provide a diagnosis and recommend a treatment plan based solely and expressly on the information you provide during your virtual care visit. Because this is a virtual visit, the BIMA health care providers may direct you to a more traditional setting to receive care (such as in the physical presence of a provider or a hospital setting). The BIMA health care providers who will be reviewing your request for care and providing you with a diagnosis and/or treatment plan will be physicians, certified registered nurse practitioners or physician's assistants licensed in the State of Alabama. Information submitted through the Service will be maintained by BIMA as part of its electronic medical record system.
- Use of the Service. In submitting a request for a Service, you represent that the following statements are true and that you agree with the following statements:
- You represent that you are an adult (at least 18 years of age) and that you are located in the State of Alabama at the time you request the virtual visit through the Service.
- You represent that you are competent to use the Service, and you fully understand the terms and conditions set forth herein and the limitations arising out of a virtual visit with a health care provider. You represent that you have voluntarily chosen to seek a consultation with a BIMA health care provider through the Service and understand the limitations associated therewith.
- You represent that you understand that the consulting health care provider is not a substitute for a primary care physician whom you see in person on a regular basis for annual physical exams and preventative medical care.
- You represent that if you are prescribed a medication, the medication is solely for your own medical needs, and you will not distribute, sell, or otherwise dispense the medication(s) to any other person(s). You represent that you are not requesting the medication from multiple sources in order to provide or add to a stock of such medication or to exceed the amount necessary for your current, personal medical needs. The prescribing of medication is in the sole discretion of the BIMA consulting health care provider. By using the Service you are not guaranteed to receive a prescription for medication.
- You acknowledge that you understand that certain medications, including over-the-counter medications, herbal medicines and etc., may adversely react with prescription medications, and you agree that while taking any medications prescribed through the Service you will not take any of these over-the-counter or other medications without first consulting your pharmacist or primary care physician.
- You agree and understand that Schedule II drugs (all controlled substances, such as Codeine) will not be prescribed through the Service and that certain other non-controlled substances, as identified by BIMA and/or as prohibited by applicable laws and regulations, may not be available for prescription as part of the Service.
- You represent that you will promptly contact your personal primary care physician if you have questions, difficulties, or complications in connection with any treatment recommended through the Service. You can and should share any treatment recommended through the Service with your primary care physician.
- You agree that you have voluntarily elected to proceed with the Service.
- You understand that a health care provider who is currently licensed in Alabama will review your health information. You agree that all online consultations, diagnoses, and treatments will be deemed to have occurred in Alabama.
- Financial Responsibility. In submitting a request for a Service, you agree with the following statements:
- Each Service visit is provided to you for a fee and that you will pay the fee at the time of the Service. BIMA reserves the right to modify prices, fees, or institute new charges for the Service at any time.
- Commercial insurers, HMO's, Medicare, Medicaid and other payers will not be billed for a Service. You are personally responsible to pay for each Service visit.
- Once submitted, you will be unable to cancel a request for a virtual visit through the Service. All payments provided for a Service are non-cancellable and non-refundable, unless the visit results in a recommendation of a different level of care (i.e., in-person office visit, emergency room visit or urgent care).
- You will be required to provide a valid credit card number, expiration date and security code from the credit card at the time you purchase a virtual visit through the Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your purchase of a virtual Service visit at the charges then in effect. You agree that BIMA may provide your credit card information and related personal information to its designated service provider(s) or the vendor or provider offering goods and services as part of the Service through the Website. You understand that the Service may not be provided if the credit card information you provide is inaccurate or invalid.
- Consent to Treatment. By using the Service you consent to the provision of treatment through the Service and you understand the risks and benefits of using the Service. The Service may include: (i) a virtual consultation and diagnosis, (ii) prescribing of certain medication(s), as considered necessary or advisable, (iii) referral to another health care provider and/or recommendation for a different level of care, as considered necessary or advisable, and/or (iv) a recommendation for diagnostic testing or procedures. In submitting a request for a Service, you represent that the following statements are true:
- You will provide truthful, accurate and complete information to the consulting health care provider, and acknowledge that any failure to do so could result in an inappropriate diagnosis or treatment decision that could be harmful or ineffective. Accordingly, you have responded to each question on a Service visit truthfully and accurately and have fully and completely disclosed any and all information concerning your health and medical history that you are aware of which could be relevant to your current condition and need for treatment and/or medication.
- You understand that the consulting health care provider will only be able to diagnose and recommend a treatment for your condition based upon information that you have provided. If you fail to provide information that is required to complete a visit, BIMA or the consulting health care provider reserves the right to terminate any virtual care visit.
- You agree to make the consulting health care provider aware of any changes to your medical condition or any information previously provided if you revisit the Service to obtain a refill or any other service or product of any kind whatsoever.
- You understand that the consulting health care provider reviewing your health information and symptoms may (or may not) prescribe a medication or recommend other treatment based on your responses. It is anticipated that all medication prescriptions will be transmitted to your pharmacy electronically.
- You agree that if a medication is prescribed you will notify your health care provider during your online visit of any adverse reactions that you may have had in the past with that medication. If you become aware of anything that may affect the medication prescribed, you will advise the consulting health care provider immediately. You accept all risks, known and unknown, involved in, arising from or related to taking the medication, products or treatment made available through the Service.
- You agree to fully comply with all instructions provided by the consulting health care provider following the submission of answers to questions required to obtain the diagnosis received. BIMA is not liable for your failure to adhere to or be compliant with the health care provider's recommendations, which may include a recommendation for an in-person visit with a provider or specialist rather than a diagnosis and recommended treatment.
- It is your responsibility to fully disclose any current or previous diagnosis, treatments, referrals, and/or medication(s) that may have been prescribed for you through outside Services.
- You acknowledge that you understand that there are risks and potential side-effects as well as benefits in taking any medication and receiving treatment through the Service.
- Mobile Devices. Certain mobile devices including smart phones and tablets may allow you to complete a Service visit via the mobile device. At this time, BIMA cannot guarantee that every mobile device will allow registered users to complete a Service visit. If your mobile device does not permit you to undertake and/or complete a Service visit, BIMA requests that you use an appropriate desktop and/or laptop computer to undertake and complete the visit. All users of the Service are reminded that they should always take precautions in protecting any personal or confidential information and should always ensure that their mobile devices are used in a safe and responsible manner.
- Website and Service Use.
- You agree to use the Website and the Service for your personal use only and agree not to use the Website or the Service for any commercial purposes, including any advertisement, commercial solicitation, or promotion of any specific goods or services.
- You agree not to use the Website or the Service in any unlawful way or for any unlawful purpose. You agree to comply with all applicable laws, rules and regulations while using the Website and the Service.
- You agree not to post or transmit a message under a false name or use the network resources of BIMA to impersonate another person or misrepresent authorization to act on behalf of others. All messages transmitted in connection with your use of the Service should correctly identify the sender. You will not alter the attribution of origin in electronic mail messages or postings.
- You agree not to allow another person or entity to use your account, username or password to access or use the Service or to post or view comments.
- You agree not to attempt to undermine the security or integrity of computing systems or networks of BIMA or those accessed through or with it, and you will not attempt to gain unauthorized access.
- You agree not to harvest or collect personal health information about any other individual who uses the Service.
- You agree not to use the Website or the Service to post or transmit any threatening, harmful, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You agree not to collect or use any information or other data available via the Website inappropriately or illegally.
- You agree not to post or transmit any data, materials, content, or information that contains or promotes any virus, worm, Trojan horse, time bomb, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere with, manipulate, or otherwise interrupt, monitor the use of or operation of, or expropriate the Website, the Service or any user of the Service.
- You agree not to tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security or proper function of the Website or the Service. You agree not to use robots or scripts with the Website or Service.
- You agree not to attempt to distribute, modify, copy (except as set forth in these Terms and Conditions), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell, reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by the Website or Service.
- You agree not to restrict or inhibit any other person from use of the Website. You agree not to interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available, or violate any requirements, procedures, policies or regulations of such networks.
- You agree not to use the Website to harvest or collect personally identifiable information about users of the Website. You agree not to use the Website to disrespect or violate the privacy or views of others.
- You agree not to post material on the Website that infringes on the copyright or other intellectual property rights of others, or the privacy, publicity, or other personal rights of others.
- You acknowledge that the Website may contain links to other websites that are not under BIMA's control and are not governed by these terms (the "Linked Sites"). Linked Sites are not reviewed or endorsed by BIMA and BIMA is not responsible for or affiliated with the Linked Sites. These links are provided solely as a convenience to you, and BIMA makes no warranties or representations as to Linked Sites including, without limitation, warranties or representations as to the contents, privacy policies, or applicability of the Linked Sites.
- Registered Users. If you meet the eligibility requirements as established by BIMA you may sign up to become a registered user of the Service. Both a logon identity or user name and a password shall be necessary to access the Service through the Website. The password provides vital security in preventing unauthorized access to your user data, health information, confidential information and account. Choosing a password at least seven (6) characters in length, containing alpha (both upper and lower case) and numeric characters, and incorporating one or more special characters (! @ # $ % & * and the like) significantly increases your password's security. You are responsible for selecting a secure password. You should never allow anyone to access your account on your behalf or give anyone your password. You are responsible for keeping and maintaining the security of your password. BIMA shall have no responsibility for unauthorized access to your Service account or access that is the result from your failure to select and keep secure your password.
- Personal Information and Privacy Statement. E-mail, text messages, Internet transactions or other electronic communications between you and BIMA may not be secure. All communications between you and BIMA are encrypted. BIMA is not responsible for any interception or disclosure of personal information that may occur as the result of any electronic communications utilized by your devices. BIMA may monitor, record, collect and use for any lawful purpose information generated through your use of the Website or the Service.
- Indemnification. You understand and agree that you are personally responsible for your behavior on the Website and for your use of the Service. You agree to indemnify, defend and hold harmless BIMA, its subsidiaries, affiliated companies, joint ventures, business partners, providers, Licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use of or inability to use the Website, the Service, or the Content, any violation by you of these Terms and Conditions, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Website or Service through your user account.
- Limitation of Liability. EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION:
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, (B) THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, (C) Birmingham Internal Medicine (BIMA) AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (D) BIMA 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, (iv) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND/OR (v) ANY ERRORS IN THE SERVICE SOFTWARE WILL BE CORRECTED, AND/OR (E) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIMA OR ITS AFFILIATES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.
- IN NO EVENT SHALL BIMA NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES RELATED TO THE SERVICE. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BIMA NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATED TO THE SERVICE, INCLUDING DAMAGES THAT MAY RESULT FROM: (A) PERSONAL INJURY, MEDICAL MALPRACTICE, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA; OR (B) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS, OR SERVICE, AND WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE SERVICE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON, THE WEBSITE OR SERVICE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BIMA OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY, SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. REGARDLESS, YOU ACKNOWLEDGE AND AGREE THAT BIMA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES RELATED TO THE WEBSITE OR SERVICE SHALL NOT EXCEED $1,000.00. ANY CLAIM ARISING FROM THE USAGE OF THIS WEBSITE OR SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE EVENT FROM WHICH THE CLAIM AROSE.
- YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OR ENFORCEABILITY OF SUCH RELEASES.
- Dispute Resolution. Any dispute that may arise between you and BIMA with respect to the Website and/or Service shall be resolved through binding arbitration. This agreement to arbitrate creates a dispute resolution program (the "Program"), which shall govern the resolution of any and all claims or disputes that would constitute a cause of action in a court of law that you or your estate, successors, assigns, heirs, personal representatives, executors, and administrators may have now or in the future against BIMA, any parent or subsidiary of BIMA, any company affiliated with BIMA, or any of BIMA's officers, directors, managers, employees, or agents acting in such capacity, that may have arisen out of, arises from or relates in any way to your use of the Website and/or the Service (hereinafter referred to as "Disputes"). The Disputes whose resolution is governed by the Program shall include, but not be limited to, claims for breach of contract or promise (express or implied); tort claims; negligence claims; medical malpractice claims; and claims for violation of any federal, state, local, or other governmental law, statute, regulation, common law, or ordinance.
Except for claims for injunctive relief, all Disputes shall be resolved by binding arbitration. Arbitration is a procedure in which the parties submit a Dispute to one or more mutually selected, impartial persons for a final and binding decision. You and BIMA expressly agree to settle all Disputes, except for injunctive relief, by binding arbitration rather than by a judge, jury, or administrative agency. Arbitration is a complete substitute for a trial by a judge or a jury. Only Disputes that would constitute a legally cognizable cause of action in a court of law may be arbitrated.
Any arbitration of a Dispute shall be conducted by, and according to the rules and procedures of, an independent and impartial entity that is regularly engaged in providing arbitration services. In the event of any material, adverse inconsistency between these Terms and Conditions and the rules regularly employed by the Arbitration Services Provider, the terms of these Terms and Conditions shall apply.
- Starting the Arbitration Process. The arbitration process starts when a party files a demand for arbitration with the Arbitration Services Provider. A demand for arbitration must be filed within the applicable limitations period provided by law for the dispute or cause of action. The party demanding arbitration must notify all other parties of its demand for arbitration by sending a copy of its written demand for arbitration to all other parties. A demand for arbitration must be sent by certified mail to the Arbitration Services Provider together with a $100 check or money order for any filing fees required by the Arbitration Services Provider. Any filing or administrative fees in excess of $100, as well as any compensation owed to the arbitrator(s), shall be paid by BIMA, unless you object and wish to share equally in such costs.
- Location. The arbitration shall take place in or near Birmingham, Alabama, unless you and BIMA mutually agree on another location.
- Selection of Arbitrator(s). The arbitrator(s) shall be mutually selected by you and UAHSF in accordance with the procedures established by the Arbitration Services Provider.
- Authority of Arbitrator(s). The arbitrator(s) shall be impartial and independent and shall apply the substantive law (and the law of remedies, if applicable) of Alabama, including but not limited to, the Alabama Medical Liability Act, Alabama Code ¤ 6-5-480 et seq., the Alabama Medical Liability Act of 1987, Alabama Code ¤ 6-5-540 et seq., and the Alabama Medical Liability Act of 1996, Alabama Code ¤ 6-5-548 et seq., or federal law, or both, as may be applicable to the Dispute. Subject to the limitations set forth in these Terms and Conditions, the arbitrator(s) shall have the power to award all relief that a court would be able to award under the circumstances. The arbitrator(s) must apply statutory and case law to the facts of the Dispute and must apply the burden of proof required by applicable federal, state or local law. The arbitrator(s), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, formation, or scope of this dispute resolution process, including but not limited to, any claim that all or any part of this dispute resolution process is void or voidable. The arbitration shall be final and binding upon the parties.
- Discovery and Admissibility of Evidence. You and BIMA shall have the right to engage in discovery consistent with the Alabama Rules of Civil Procedure, subject to any restrictions contained in applicable statutes, rules, and regulations, including, but not limited to, the Alabama Medical Liability Act, Alabama Code ¤ 6-5-480 et seq., the Alabama Medical Liability Act of 1987, Alabama Code ¤ 6-5-540 et seq., and the Alabama Medical Liability Act of 1996, Alabama Code ¤ 6-5-548 et seq. The admissibility of evidence at the arbitration hearing shall be determined in accordance with the Alabama Rules of Evidence, subject to any restrictions contained in applicable statutes, rules, and regulations, including, but not limited to, the Alabama Medical Liability Act, Alabama Code ¤ 6-5-480 et seq., the Alabama Medical Liability Act of 1987, Alabama Code ¤ 6-5-540 et seq., and the Alabama Medical Liability Act of 1996, Alabama Code ¤ 6-5-548 et seq.
- Attorneys' Fees. Each party may be represented by an attorney. Each party is responsible for paying its own costs and attorneys' fees associated with arbitration. If a party prevails on a statutory claim which provides for the prevailing party to receive payment for its attorneys' fees, or if there is a written agreement between the parties providing for the prevailing party to receive payment for its attorneys' fees, the arbitrator(s) may award reasonable attorneys' fees to the prevailing party in accordance with the standards established under such statute or agreement.
- Payment of Award. If the arbitrator(s) enters an award, the losing party must pay the award within thirty (30) days of the award date. If the award is not timely paid, the prevailing party may bring legal action to enforce the award as if it were a judgment entered by a court.
- Judicial Review. The decision of the arbitrator(s) shall be final and binding on you and BIMA, and all other parties to the Dispute. The parties acknowledge that arbitration is a complete substitute for traditional litigation and hereby waive their respective rights to file a private lawsuit and have that suit heard in court by a judge or a jury. Any party may bring an action in any proper court to require arbitration under these Terms and Conditions and to enforce an arbitration award.
- Interstate Commerce. The parties acknowledge that BIMA regularly engages in transactions involving interstate commerce and that the Service involves such interstate commerce. The parties expressly agree that this dispute resolution process shall be governed by the Federal Arbitration Act, 9 U.S.C. ¤ 1 et seq.
- Severability. The invalidity of a portion or provision of this dispute resolution process shall not affect the validity of any other portion or provision. If any portion or provision is found to be invalid or unenforceable in any respect, the remainder of these dispute resolution provisions will remain in full force and effect.
- Governing Law and Venue. Your use of the Website and the Service, as well as any dispute between us that involves the Website or the Service shall be governed by the laws of the State of Alabama, without regard to any conflict-of-law provisions. In the event that the dispute resolution process as set forth above is held to be unenforceable against you and/or BIMA, or in the event either party pursues injunctive relief, it is mutually agreed by and between you and BIMA, and for your and BIMA's successors, heirs and permitted assigns, that venue shall be exclusively brought in the state or federal courts with jurisdiction over Birmingham, Alabama, and the parties hereby consent to such jurisdiction.
- Waiver of Jury Trial. You and BIMA desire to avoid the additional time and expense related to a jury trial of any disputes related to the Website and the Service. Therefore, in the event that the dispute resolution process as set forth above is held to be unenforceable against you and/or BIMA, or in the event either party pursues injunctive relief, it is mutually agreed by you and BIMA, and for your and BIMA's successors, heirs and permitted assigns, that they shall and hereby do waive trial by jury of any claim, counterclaim, or third party claim, including any and all claims of injury or damages, brought by either party against the other arising out of or in any way connected with the Website and/or the Service. You and BIMA acknowledge and agree that this waiver is knowingly, freely, and voluntarily given, is desired by all parties, and is in the best interest of all parties.
- Intellectual Property. The Service, the Website, and all information and/or content that you see, hear or otherwise experience on the Website (collectively, "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to BIMA and/or a Licensor, and their respective partners, affiliates, contributors or licensors. The use or misuse of the Content, except as provided in these Terms and Conditions or in any additional terms and conditions applicable to specific areas of the Website, is strictly prohibited. You may use the Website, the Service and the Content solely for your personal, non-commercial use as follows: You may print copies of the information on the Website for your personal use, store the files on your computer for personal use, or reference this server from your own documents. You may not otherwise copy, distribute or display any Content without the express written consent of BIMA. Subject to the limited license granted herein, UAHSF reserves all right, title and interest in all Content. If any portion of these Terms and Conditions is violated, the limited license for your usage of this Website and the Service is revoked.
- Errors and Inaccuracies. The information in the Website including, but not limited to, information regarding pricing, may contain typographical errors or other errors or inaccuracies and may not be complete or current. BIMA reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. BIMA does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. BIMA reserves the right to refuse to fill any orders or provide services that are based on inaccurate or erroneous information on the Website, including, without limitation, incorrect or out-of-date information regarding pricing, shipping, payment terms, or return policies, or for any other lawful reason.
- Entire Agreement. These Terms and Conditions, together with any BIMA rules or policies referred to herein, represent the entire agreement between you and BIMA concerning the subject matter hereof and supersede all prior understandings, whether written or oral, concerning such subject matter. If any provision of these Terms and Conditions are held to be illegal, void or unenforceable, then such provision may be modified or amended to the extent necessary to enable the remaining provisions to be enforceable and effective to the maximum degree
- Copyright Complaints; BIMA Contact Information. If (a) you believe that any material on the Website infringes upon any copyright that you own or control, or (b) if you have any questions about these Terms and Conditions, the Website, or the Service, you may contact us by:
- sending an email to: firstname.lastname@example.org, or
- sending a letter via United States Mail to:
7191 Cahaba Valley Road STE 300
Birmingham, Alabama 35242
We may give notice of a claim of copyright infringement by means of a general notice on the Website, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.
Last Revised: 3.2.15