These Terms and Conditions of Service (these “Terms”) are a legal contract between Kosmos Clinic, Inc. and Kosmos Medical Group PLLC (together “Kosmos,” “us,” “our,” or “we”) and you (“user,” “you,” or “your”). The Terms explain how you are permitted to use the services provided by and through our website as well as all of our associated internet properties (owned or operated by Kosmos and/or affiliated companies, or by third parties), including but not limited to the website, www.kosmosmedicalgroup.com (the “Website”).  

Please note that Kosmos Clinic, Inc. is a management services entity providing administrative, technological, and management services to medical professional entities, including Kosmos Medical Group, and does not itself provide medical services. These Terms govern your use of all the text, data, information, software, graphics, photographs, proprietary content and other materials (all of which we refer to as “Materials”) that we and/or our affiliates may make available to you, as well as any services we may provide through any area of the Website.)  Collectively, the Website, the Materials, and the services provided herein are referred to as the “Service;” however, the Service does not include the medical services that you receive from Kosmos Medical Group pursuant to any Membership (defined below).  

READ THESE TERMS CAREFULLY. YOUR USE OF THE SERVICE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS.  YOU CANNOT USE THE SERVICE IF YOU DO NOT ACCEPT THESE TERMS. 

DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911. IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOURSELF OR OTHERS, OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN DANGER, IMMEDIATELY CALL THE RELEVANT EMERGENCY SERVICE NUMBER, NOTIFY THE RELEVANT AUTHORITIES, AND SEEK IMMEDIATE ASSISTANCE. PLEASE CALL 988 FOR THE SUICIDE AND CRISIS LIFELINE. OUR WEBSITE IS NOT DESIGNED FOR EMERGENCY ASSISTANCE. 

THE SERVICE IS INTENDED TO BE OFFERED IN THE STATE OF WASHINGTON AND NOT IN ANY OTHER JURISDICTION. IF YOU ARE LOCATED OUTSIDE OF THE UNITED STATES, DO NOT USE THE SERVICE.

THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH KOSMOS. BY USING THE SERVICES, YOU AGREE TO THESE TERMS. 

.

1.  PRIVACY.

We respect the information that you provide to us, and your privacy is very important to us. Your access to and use of the Service is conditional upon your acceptance of our privacy policy. Please review our  (“Privacy Notice”), which explains how we collect, use, protect, and share your personal information. We note that we are not subject to HIPAA as we do not engage in any covered electronic standard transaction. 

2.  CONTRACTUAL RELATIONSHIP.

By using the Service, you represent, acknowledge and agree that you are at least eighteen (18) years of age and lawfully able to enter into contracts.  If you are not legally able to enter into contracts, you may not use the Service at any time or in any manner or submit any information to Kosmos through the Service. Kosmos does not market the Website to children under the age of 13; however, Kosmos may provide in-person services to  certain dependents (ages 15 and up), when accompanied by a parent or legal guardian. We do not claim that the Website's content is appropriate or suitable for you or any visitor. No information, data, or information provided on or through the Website is intended for distribution or use in any location where such usage is prohibited or is contrary to any law or regulation which would subject Kosmos to legal liability of any type. Any such access or use of the Service is to be utilized on your own initiative, and you are solely responsible for any legal compliance. 

You agree to be bound by these Terms and our Privacy Policy that appears on the Service. If you do not wish to be bound by these Terms, you may not use the Service. 

3.  THE SERVICE. 

We offer access and use of our Website, which contains information about our services and provides you with the ability to contact us. We note while the Service allows you to engage with us, send us information through the Website, and for us to respond to your requests, the Service is not intended to provide medical advice, diagnosis or treatment. There is no patient/provider relationship created through such communications through the Service.

4. USING THE SERVICE. 

Subject to your compliance with these Terms, including your payment of any applicable fees, we grant you a limited, personal, non-exclusive and non-transferable license to use the Service. Other than the personalized content and communications with a Kosmos Medical Group provider through an in-Service message or in-Service appointment (if available and/or applicable), you should not consider content on the Service to be medical advice. You have no other rights in the Service or any Materials, and you may not modify, edit, copy, reproduce, publicly display, create derivative works of, reverse engineer, alter, enhance, or in any way exploit the Service or any of the Materials in any manner. Upon your breach of any of these Terms, your license to use the Service will automatically terminate and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

5.MEMBERSHIP; NOT INSURANCE.  

Your membership to receive services from Kosmos Medical Group, including medical services (“Membership”) is subject to the terms and conditions of such Membership, your Direct Primary Care Agreement with Kosmos Medical Group (“DCA”), and any policies or procedures instituted by Kosmos from time to time. Your Membership will cover only those items and services set forth in your DCA and not: (i) any ancillary services; (ii) any services provided by any party other than Kosmos Medical Group; (iii) hospital services, emergency room visits, or urgent care facility visits; (iv) appointments with other providers or specialists referred to you by a Kosmos Medical Group provider; (v) radiology (if not provided at Kosmos Medical Group); (vi) lab tests (if not provided at Kosmos Medical Group); (vii) medication (if not provided at Kosmos Medical Group); (viii) durable medical equipment (if not provided at Kosmos Medical Group); or (ix) any services not expressly listed as included in your applicable Membership (collectively, the “Excluded Services”). You acknowledge that Kosmos is not responsible for any medical or other bills incurred for any Excluded Services, even if your provider has referred you for such services. If your provider makes an outside referral, you should contact your insurance provider to check your coverage for such referred service. 

You acknowledge and agree that your Membership is not an insurance product and does not provide comprehensive health insurance coverage. It provides only the health care services specifically described in the Membership Agreement. The amounts you pay to Kosmos Medical Group under the Membership Agreement are NOT insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately. The Membership is NOT a health insurance plan, a Medicare Insurance Supplement, a health discount plan, or a prescription discount plan. Your Membership does not meet any individual health insurance mandate that may be required by federal law, e.g. under the individual shared responsibility provision of the Patient Protection and Affordable Care Act, 26 U.S.C. Section 5000A. The fees under your Membership only cover the rendering of medical care by Kosmos Medical Group and related healthcare providers, other than the Excluded Services and, unless otherwise specified by Kosmos in writing, shall not cover the cost of anything else. The Membership is not workers’ compensation insurance and does not replace an employer’s obligations related to the same.

To terminate your Membership, please see the termination procedures set forth in DCA. Kosmos Medical Group reserves the right to require payment in advance for any Membership.  If you participate in a Membership, you are responsible for payment of the applicable fee and all applicable taxes. All purchases for a Membership are final.

6. ELECTRONIC COMMUNICATIONS AND TEXT MESSAGING.

By using the Service, you consent to receiving electronic communications from us.  These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Service. These electronic communications also include promotional offers and marketing communications that you may have separately consented to receive (where such consent is required).  These electronic communications are part of your relationship with us.  You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. These electronic communications are subject to these Terms, including their applicable dispute resolution and limitation of liability provisions. 

By providing us with your telephone number you affirmatively consent to receive certain recurring SMS text messages or calls (including prerecorded calls), in order to perform and improve upon the Service, and to provide you with information and reminders regarding the Service and any Membership, including your registration, upcoming Service, changes, and updates. You may incur additional charges from your wireless provider for these services, and you are solely responsible for any such charges. These calls, notifications or text messages may contain information about the Service and other health information you have provided to Kosmos. You can opt-out of receiving such calls, notifications for text messages by contacting customer service at info@kosmosmedicalgroup.com, replying STOP to any such message. Kosmos and Wireless carriers are not responsible for any undelivered messages. Kosmos will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You understand that we may send you a text confirming any opt-out by you. You acknowledge that opting out of text messages may impact your ability to use certain features of the Service. However, note that access to the Service is not conditioned upon your consent to receive marketing or promotional text messages from Kosmos.

7. LINKS TO THIRD-PARTY WEBSITES.

We think links are convenient, and we sometimes provide links on the Service to third-party websites or apps.  If you use these links, you will leave our Service. We are not obligated to review any third-party websites that you link to from the Service, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites or the products, services, or content available through any of them. Unless expressly stated on the Service, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked from the Service, you do so entirely at your own risk and you are subject to and must follow the privacy policies and terms and conditions for those third-party websites.  Certain areas of the Website may allow you to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit your activities on this Website to be shared with your contacts in your third-party site account.

8. PROPRIETARY RIGHTS.

The Website and the Service ("Kosmos Intellectual Property") and all rights, title, and interest, including all related intellectual property rights therein are owned by Kosmos, its licensors, or other providers of such material. These Terms are not a sale and do not convey or grant you any rights in or related to the Website, or any intellectual property rights owned by Kosmos. The trademarks, service marks, and logos of Kosmos and our affiliates (collectively, “Our Trademarks”) used and displayed on various parts of the Service are registered and unregistered trademarks or service marks of Kosmos. Other company, product, and service names located on the Service may be trademarks or service marks owned by others (the “Third-Party Trademarks” and, collectively with Our Trademarks, the “Trademarks”). Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Our Trademarks inures to our benefit.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Service are our sole property, or the property of our suppliers and licensors.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.  

9. INTELLECTUAL PROPERTY INFRINGEMENT.

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Submissions and other materials that violate intellectual property rights of others, suspending and/or terminating in appropriate circumstances access to the Service or any portion thereof to any user who uses the Service in violation of someone’s intellectual property rights. 

Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Service, please provide written notice to our agent for notice of claims of infringementinfo@kosmosmedicalgroup.com.

To be sure the matter is handled immediately, your written notice must contain the following information: 

• Your physical or electronic signature;

• The copyrighted work or other intellectual property alleged to have been infringed;

• The allegedly infringing material in a sufficiently precise manner to allow us to locate that material;

• Adequate information by which we can contact you (including postal address, telephone number, and e-mail address);

• A statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent, or the law;

• A statement that the information in the written notice is accurate; and

• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. 

Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.

Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification

We will notify you when we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our agent with a written counter-notification that includes the following information:

• Your physical or electronic signature;

• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

We reserve the right, in our sole discretion, to terminate the account or access of any user of the Service who is the subject of repeated DMCA or other infringement notifications.  

10. TERMINATION.

We may terminate or suspend your access to the Service for any reason and at our sole discretion. If your Account is suspended or terminated, we may or may not provide prior notice. Upon termination, your access to the Service will cease immediately. 

11. DISCLAIMER OF WARRANTIES.

THE SERVICE (INCLUDING ALL WEBSITE, MATERIALS AND SERVICES) ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," AND THE ENTIRE RISK AS TO THEIR USE (INCLUDING THE QUALITY AND PERFORMANCE OF THE WEBSITE, MATERIALS, AND SERVICES) IS WITH YOU.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, WHICH INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICE, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

12.  LIMITATION OF LIABILITY.

YOU ARE USING THE SERVICE AT YOUR SOLE RISK.  WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, SUBMITTING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICE OR YOUR USE OF OUR SERVICES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES RESULTING FROM LOSS OF DATA, REVENUE, PROFITS, COST OF SUBSTITUTE GOODS AND SERVICES, USE, OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL KOSMOS’ LIABILITY EXCEED THE GREATER OF $100 OR THE AMOUNTS YOU PAY KOSMOS FOR USE OF, OR IN CONNECTION WITH, THE SITE. KOSMOS IS NOT RESPONSIBLE FOR AND ASSUMES NO LIABILITY WHATSOEVER FOR ANY INJURY, DEATH OR PROPERTY DAMAGE CAUSED BY USE OR RELIANCE ON THE SERVICE.

If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law. This section (limitation of liability) shall survive the termination or expiration of these Terms or your use of our Service.

13. LOCAL LAWS.

We control and operate the Service from our headquarters in the United States of America. Our Service is intended for use in the United States of America and not in any other jurisdiction. If you use the Service (or any portion thereof), you are solely responsible for following applicable local laws.

14. FEEDBACK.

Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary.  Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You hereby represent that you have obtained all required consents or authorizations to allow Kosmos to obtain all rights, title and interest in and to the Feedback.  Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion.  You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

15.  DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

Please read the following Dispute Resolution and Arbitration; Class Action Waiver provision (this “Provision”) carefully.  It affects your rights.

Please read this Provision carefully.  All Disputes (as defined below) between you and Kosmos, including those related to your Membership (if applicable), shall be resolved by binding arbitration.  Arbitration is a form of private dispute resolution and replaces the right to go to court.  In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others, including, but not limited to, class actions.  Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow these Terms and can award the same damages and relief as a court, including attorney’s fees.

For purposes of this Provision, “Kosmos” means Kosmos Medical Group, PLLC and Kosmos Clinic, Inc. and each of their subsidiaries and affiliate companies, including its affiliated, independent professional entities, and each of their respective officers, directors, employees, and agents.  The term “Dispute” means any dispute, claim, or controversy between you and Kosmos regarding, arising out of or relating to any aspect of your relationship with Kosmos, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability, or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below).  The term “Dispute” is to be given the broadest possible meaning that will be enforced and shall include any claims against other parties relating to services or products provided or billed to you (such as Kosmos’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

YOU AND KOSMOS EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give Kosmos an opportunity to resolve the Dispute.  You must commence this process by emailing us written notification at: [info@kosmosmedicalgroup.com. Written notification must include the following information: 

• Your name,

• Your address, 

• A written description of the Dispute, and 

• A description of the specific relief you seek.  

If Kosmos does not resolve the Dispute within forty-five (45) days after it receives your written notification, you may pursue your Dispute in arbitration.  You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or Kosmos may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN FIFTEEN (15) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court. You may opt out of this Provision by emailing us written notification at: info@kosmosmedicalgroup.com.   Written notification must include the following information: 

• Your name, 

• Your address, and 

• A clear statement that you do not wish to resolve disputes with Kosmos through arbitration.

Your decision to opt-out of this Provision will have no adverse effect on your relationship with Kosmos. 

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Kosmos may initiate arbitration proceedings.  The American Arbitration Association (the “AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration only and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.  This Provision governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

Because the Service and these Terms concern interstate commerce, the Federal Arbitration Act (the “FAA”) governs the arbitrability of all Disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award 

The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law. The award may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration

You or Kosmos may initiate arbitration in King County, Washington or the federal judicial district that includes your billing address.  However, if Kosmos initiates the arbitration in King County, Washington, you shall have the right to have the arbitration transferred to the AAA or JAMS office within the judicial district that includes your billing address.

Payment of Arbitration Fees and Costs 

So long as you place a request in writing prior to commencement of the arbitration, Kosmos will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses.  Fees and costs may be awarded as provided by applicable law.  In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Kosmos as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Kosmos specifically agree to do so in writing following the initiation of the arbitration.  If you choose to pursue your Dispute in court by opting out of the Provision, as specified above, this Class Action Waiver will not apply to you.  Neither you, nor any other user of the Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

No Judge or Jury in Arbitration

Arbitration does not involve a judge or jury.  You understand and agree that by entering into these Terms you and Kosmos are each giving up the right to a jury trial or a trial before a judge in a public court.  In the absence of this Provision, you and Kosmos might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. 

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your service with Kosmos or its affiliates.  Notwithstanding any provision in these Terms to the contrary, we agree that if Kosmos makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Kosmos to adhere to the present language in this Provision if a dispute between us arises.

General.

We prefer to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action.  However, certain violations of these Terms, as determined by us, may result in immediate termination of your access to the Service without prior notice to you.  The Federal Arbitration Act, Washington state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Foreign laws do not apply.  The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (the “UCITA”) shall not apply to these Terms.  Except for Disputes subject to arbitration as described above, any disputes relating to these Terms, or the Service will be heard in the courts located in King County in the state of Washington.   If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  Our failure to enforce any of these Terms is not a waiver of such term.  These Terms are the entire agreement between you and Kosmos and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and Kosmos about the Service.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms.

16. ELECTRONIC MEANS.

When accessing the website or any of its services, sending e-mails, online forms, e-signatures, or any type or kind of electronic records or communication, you consent that all agreements, notices, disclosures, and other communications we provide to you in such manner satisfies any legal requirement that such communication should be in writing. You hereby agree that the use of such electronic means will be regarded as sufficient and be viewed as the same as its physical counterpart. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.  

17. UNITED STATES FEDERAL GOVERNMENT END-USER PROVISIONS.

If you are a user acting on behalf of the U.S. federal government, our Website and its Services are treated as a “commercial item” as defined under 48 C.F.R. § 2.101.

18. CHANGES AND ADDITIONAL TERMS.

We may alter the Service we offer you and/or may choose to modify, suspend, or discontinue any part or all of the Service at any time and without notifying you. We may also change, update, add, or remove provisions of these Terms from time to time.  The effective date of the Terms will be shown next to “Last Updated” at the top of this page. We will use commercially reasonable efforts to inform you of any modifications to these Terms by posting them on the Website. We encourage you to review these Terms periodically to ensure that you stay up-to-date on the Terms.

If you object to any such modifications to the Terms, your sole recourse shall be to cease using the Service. Continued use of the Service following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. These Terms may be superseded by expressly designated legal notices or terms located on particular pages of the websites or apps of our partners or affiliates. Such expressly designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded    

19. CONTACT US.

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at info@kosmedicalgroup.com.