Branch Care Terms of Use

YOU SHOULD CAREFULLY READ THESE TERMS OF USE (THE “TERMS”) BEFORE USING THE BRANCH CARE WEBSITE (THE “SITE”). 

BY USING THE SITE, YOU ARE CONSENTING TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ACCEPT THE TERMS, DO NOT LOG IN TO OR USE THE SERVICES.

Any information that Branch Care Corp. (“us” or “we” or “our” or “Branch Care”) collects through your use of the Site is subject to the Privacy Policy, which is part of these Terms. 

By continuing to use the Site, you agree as follows:

KEY POINTS

  1. You are at least 18 years old;

  2. You understand and agree that these Terms are a legally binding agreement and the equivalent of a signed, written contract;

  3. You will use the Site in a manner consistent with applicable laws and regulations, and with these Terms, as they may be amended by Branch Care from time to time; and

  4. You understand, accept, and have received these Terms and the Privacy Policy, and acknowledge and demonstrate that you can access these Terms and the Privacy Policy at will.    

If you do not agree with and accept the Terms, please discontinue all further use of the Site. Do not continue to access the Site. 

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND BRANCH CARE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING privacy@branchcare.com WITHIN 30 DAYS OF ACCEPTING THESE TERMS.

Terms of Use

 

Effective: April 2025

Last Updated: April 2025

These Terms of Use (“Terms of Use” or “Terms”) are a legal contract between you (“you/your” or "user") and Branch Care. Branch Care is the creator of the Branch Care website (the “Site”). These Terms govern your use of the Site and apply to individuals accessing the Site. By accepting these Terms and using the Site, you acknowledge that you have read, understand, and agree to these Terms and our Privacy Policy. Any capitalized terms not defined in these Terms are defined in the Privacy Policy.

WHAT IS THE SITE?

The Site is designed to allow current and prospective users to access informational materials about Branch Care, its services, and related content and to utilize tools made available on the Site.   

You may access and use the Site only in accordance with these Terms, and you agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as our Privacy Policy.

The Site is not intended to be used to identify emergencies or to treat emergent, serious, or life-threatening conditions. If you are a Site user and you or someone you know believes you or a patient are suffering an emergent or life-threatening condition, call 9-1-1 immediately where that service is available or go to the nearest open clinic or emergency room.  

Further by using this site, you agree that in no way does such use establish a professional, medical care, or physician-patient relationship between you and Branch Care.

WHAT DOES BRANCH CARE NOT PROVIDE?

We DO NOT provide medical advice.

By accepting these Terms, you agree and acknowledge that we do not provide medical services. Our role is limited to providing information about Branch Care’s services and related content.

THE SITE CANNOT AND IS NOT DESIGNED, INTENDED, OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.

General information available through the Site about Branch Care, its services, medical conditions, services providers, and other articles and videos is provided for general informational purposes only. The Site is not designed to provide you with a diagnosis or medical advice or treatment. The Site is not intended to act as and should never be used as a replacement for a qualified medical professional. Never disregard, avoid, or delay obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the Site. If you or a patient has or you suspect that you or a patient has an urgent medical problem or condition, please contact a qualified healthcare professional immediately. 

Any information provided to you through the Personalized Egg Freezing and IVF Calculators is for informational purposes only and is not designed to provide you with a diagnosis or medical advice or treatment plan. The Personalized Egg Freezing and IVF Calculators are not intended to act as and should never be used as a replacement for consultations, treatments and/or advice rendered by a qualified medical professional.

You should not rely on the materials on the Site in deciding on a treatment plan, drug usage, medical procedure, or any other medical advice regarding the materials, and Branch Care strongly urges that you consult with a licensed physician in connection with any and all treatment options that may be available to you.

SITE NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SITE WHERE PROHIBITED BY LAW. 

HOW WILL BRANCH CARE NOTIFY YOU OF CHANGES TO THESE TERMS?

With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included near the end of these Terms, Branch Care reserves the right to change or modify these Terms at any time without prior notice to you. If we materially change or modify these Terms, we will let you know by posting a new version of the Terms on the Site and we will change the “Last Updated” date above.

If you continue to use the Site after we have informed you of the changes, you agree to be bound by the modified Terms. If you do not accept the changes, you should immediately stop using the Site and delete all files associated with the Site on your computer and/or mobile device.  

WHO OWNS THE SITE AND PERSONAL DATA?

Site Ownership and Use.

Branch Care and its licensors own the Site, including all content and functionality you access through the Site. Subject to your compliance with these Terms, Branch Care grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Site. 

THE SITE IS FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. You may not use the Site for any other purpose than what is allowed under these Terms without Branch Care’s express written permission.

You may not use Branch Care’s name, trademarks, service marks, or logos, or those of third parties appearing on the Site in any advertising or publicity or to otherwise indicate Branch Care’s or such third party’s sponsorship or affiliation with any product or service without express written permission from Branch Care or such third party. 

Personal Data Ownership and Use.

You own your Personal Data (as defined in the Privacy Policy) and any other information you submit on or through the Site (collectively, “User Information”). If you are entering someone else’s information into the Site, you represent and warrant that you have permission to do so. For us to provide you with the Site, you grant to Branch Care a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use your User Information for the purpose of providing the Site, subject to the restrictions in the Privacy Policy. You also agree to allow Branch Care to de-identify and anonymize your User Information, including, without limitation, your personal health information in accordance with our Privacy Policy, and to use or disclose such de-identified information for any purpose.

WHAT ARE YOU NOT ALLOWED TO DO WITH THE SITE?

You may use the Site only for lawful purposes and in accordance with these Terms. In addition, we impose certain restrictions on your use of the Site. While using the Site, you shall not: 

  1. Provide false, misleading, or inaccurate information to us;

  2. Use the Site (i) for any commercial purpose; (ii) for the benefit of any third party; or (iii) in any manner not permitted by these Terms;

  3. Use or attempt to use any manual process, engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, scrapers, or intelligent agents) to harvest, monitor, or otherwise collect information from the Site for any use, including, without limitation, use on third-party websites, without our consent;

  4. Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to use the Site;

  5. Violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); and

  6. Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site. Any violation of this section may subject you to civil and/or criminal liability.

Branch Care is not obligated to monitor your use of the Site, but we may do so to ensure your compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when we are required to. Branch Care reserves the right to suspend or terminate your use of the Site without notice to you if you partake in any of the prohibited uses described above.

COMPUTER EQUIPMENT AND INTERNET ACCESS

You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, "Systems") necessary for you to access and use the Site. This includes, without limitation, obtaining Internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Site and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems. 

THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.

OPTING OUT OF COMMUNICATIONS FROM BRANCH CARE

We may send communications, including emails, to you regarding the Site. You can choose to filter any Site emails using your email settings, but we do not provide an option for you to opt out of these communications. 

If you consent to receive marketing or other communications not related to the Site, we will provide you with the option to opt out of such marketing communications within the applicable message. 

THIRD PARTIES AND THIRD-PARTY SITES

Third-Party Websites.

In the course of using the Site, you may be introduced to areas or features of the Site that allow you to access websites that do not belong to and are not controlled by us (collectively, “Third-Party Sites”). If you choose to access one of these Third-Party Sites, you will leave our Site and be redirected to an environment owned and controlled by an external third party. You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms of use, user guides, and/or business practices (collectively, “Third-Party Rules”) than us, and that your use of such Third-Party Sites is governed exclusively by the respective Third-Party Rules. We provide links to Third-Party Sites to you as a convenience, and we do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.

YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“THIRD PARTY MATTERS”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS. 

Any reference in the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation.

Third-Party Services.

To the extent any features, aspects, products, or services offered through the Site are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”), you may be subject to additional terms and conditions. To the extent applicable, you will receive a notification and have the opportunity to accept such terms and conditions.  IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES.

In the event of any inconsistency between terms of use relating to Third-Party Services and these Terms, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about you, as specified in the Third-Party Service Provider’s privacy policies. Prior to providing information to any Third-Party Service Provider, you should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY OR TERMS OF USE, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.

YOUR REPRESENTATIONS AND WARRANTIES

In addition to other representations and warranties contained throughout the Terms, you represent and warrant that your use of the Site will be in accordance with these Terms and all applicable laws, regulations, rules, and Branch Care policies and procedures (to the extent such policies and procedures are communicated to you). Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF YOU ARE SUBMITTING SUCH PERSONAL DATA) WITH US. 

WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY

No Warranties.

THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BRANCH CARE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BRANCH CARE MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BRANCH CARE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATION, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE SITE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BRANCH CARE OR THROUGH THE SITE OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, AUTHORIZED THIRD PARTIES. 

BRANCH CARE CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. BRANCH CARE CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE SITE.

Your Responsibility for Loss or Damage.

YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU WILL NOT HOLD BRANCH CARE OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA.

Limitation of Liability.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE REMAINS WITH YOU. NEITHER BRANCH CARE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRANCH CARE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.

IF YOU ARE DISSATISFIED WITH THE SITE OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SITE. 

YOU ACKNOWLEDGE THAT IF YOU USE THE SITE DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. BRANCH CARE IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE SITE. 

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, BRANCH CARE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE SITE MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BRANCH CARE AND ITS REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR USER ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SITE THROUGH YOUR USER ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE. 

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.”

PROVIDING FEEDBACK TO BRANCH CARE

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site and our services (“Feedback”). You may submit Feedback by e-mailing us at infoinfo@branchcare.com. You acknowledge and agree that if you submit any Feedback to us, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

ACCESS TERMINATION

If you breach any of these Terms, we may terminate your access to the Site without prior notice to you.  There may be other instances where we may need to terminate your access to the Site that are not related to any of your actions or inactions.  We reserve the right to terminate your access to and use of the Site and materials at any time, with or without cause.  

DISPUTE RESOLUTION

*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*

You agree that any dispute between you and Branch Care arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below. We want to address your concerns without needing a formal legal case, so we have included a tiered dispute resolution process. This Dispute Resolution section may be modified by written agreement between you and Branch Care.

Informal Dispute Resolution.

Before filing a claim against Branch Care, you agree to try to resolve the dispute informally by contacting infoprivacy@branchcare.com. Most User concerns can be resolved quickly and to your satisfaction through email. If a dispute is not resolved within thirty (30) days after submission, you may bring a formal proceeding, as outlined below. 

Arbitration Agreement.

In the unlikely event that our support team is unable to resolve a complaint you may have (or if we have not been able to resolve a dispute with you after attempting to do so informally), including, but not limited to, any alleged breach of these Terms, you agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Health Lawyers Association (“AHLA”).

Arbitration Procedure.

You and Branch Care agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by you, one (1) arbitrator is selected by Branch Care, and the third (3rd) arbitrator is selected by mutual consent of you and Branch Care. If you and Branch Care cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding.

The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.

Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed. 

Cost of Arbitration.

You and Branch Care shall each pay 50% of all mediator and/or arbitrator costs, expenses, and fees incurred in connection with mediating and/or arbitrating under these Terms.

Exceptions to Agreement to Arbitrate.

Branch Care may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site 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.

YOU MAY ONLY RESOLVE DISPUTES WITH BRANCH CARE ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS.

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 privacy@branchcare.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 New York within twenty-five (25) miles of New York, New York 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 waive any right to object to such filing on grounds of improper venue, forum non-conveniens, 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.

GENERAL CONTRACT TERMS

Entire Agreement.

These Terms, the Privacy Policy, and any other terms incorporated by reference, constitute the entire and exclusive understanding and agreement between Branch Care and you regarding the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Branch Care and you regarding the Site.

Governing Law. 

These Terms shall be governed by the laws of the State of New York without reference to its conflict of laws provisions. 

Assignment. 

You may not assign or transfer these Terms, by operation of law or otherwise, without Branch Care’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Branch Care may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notices.

Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (i) by Branch Care via email (in each case to the address that you provide); and/or (ii) by posting to the Site. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from Branch Care electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH BRANCH CARE IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.

You shall give any notice to Branch Care by email to: privacy@branchcare.com. Notice to Branch Care shall be effective upon receipt of notice by Branch Care.

No Inadvertent Waiver. 

The failure of Branch Care to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Branch Care. 

Severability.

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.

Intellectual Property Rights.

“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (i) patent rights and utility models, (ii) copyrights and database rights, (iii) trademarks, trade names, domain names and trade dress and the goodwill associated therewith, (iv) trade secrets, (v) mask works, and (vi) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.

As between you and us, all right, title, and interest, including all Intellectual Property Rights, in the Site, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by Branch Care or its licensors, vendors, and affiliates, as applicable. All rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Remedies.

Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

Contacting Branch Care. 

Please feel free to contact us if you have any questions about these Terms and/or any other documents referenced in these Terms. You may contact us at privacy@branchcare.com.