Terms and conditions

Effective Date: August 28, 2024

Terms and Conditions of Use for Get Gleam

Legal Importance: When accessing or using the services, it is understood that you acknowledge having read, understood, and agree to be legally bound by and comply with these terms of use. If there is disagreement or inability to agree with any part of these terms of use or use of the services, please do not proceed. Users are urged to carefully read the terms as they affect legal rights, particularly regarding arbitration and class action waivers. Get Gleam reserves the right to modify the terms at any time, with changes effective upon posting.

Service Overview: Get Gleam provides a range of health-related services but does not replace existing physician relationships. These services are unsuitable for emergency situations. Our Services encompass various aspects, including providing individuals with health care and wellness information, access to technology-oriented tools for addressing specific health issues, development and gathering of health care records and information, administrative support for scheduling and payment for health care services, and telecommunications support for direct access to health care providers. In the case of an emergency or if you are otherwise in crisis, call 911 immediately.

Eligibility: Users must be at least 18 years old, with some services that may require users to be over 21 years old. Services are primarily available in the United States. By accessing or using the Services, users warrant that they meet the age requirement and agree to be bound by our Terms of Use. Please be aware that meeting these requirements does not guarantee receipt of Services, and additional requirements may be introduced at our discretion without prior notice. Additionally, users must have compatible devices, Internet access, and necessary software to access or use the Services.

Telehealth Services: These services involve electronic communication with healthcare providers but do not establish a provider-patient relationship with Get Gleam. Telemedicine involves providing healthcare services using electronic communications or information technology between a healthcare provider and a patient who is not in the same physical location. This may include diagnosis, treatment, follow-up, patient education, and electronic transmission of medical records, images, and other data between a patient and healthcare provider. The electronic systems we use incorporate security protocols to protect the privacy and security of health information.

By accepting the Terms of Use, you agree to receive communications from Get Gleam, affiliated provider practices, contracted or employed healthcare providers, and partner healthcare organizations electronically or in writing. It is your responsibility to monitor these communications, and you acknowledge that no means of electronic transmission can be guaranteed to be 100% secure.

Registration: When accessing our services, certain features may be available without the need to create an account, but for specific functionalities, an account creation is required. Should you opt to create an account, we kindly request that the information provided is accurate, comprehensive,

and regularly updated. It is essential to maintain the confidentiality of your username and password, and to log out at the conclusion of each session. You are accountable for all activities that take place under your account, as well as for safeguarding the confidentiality of your password. Should you become aware of any unauthorized use of your account, please promptly notify us. If your password is compromised, you are responsible for updating it as soon as possible. Sharing your password, creating multiple accounts, and accessing another individual's account are strictly prohibited. Please be advised that we disclaim any liability for losses or damages arising from non-compliance with these stipulations. Our applications are exclusively intended for use on unaltered, manufacturer-approved mobile operating systems. Usage on a modified operating system may jeopardize security protocols designed to safeguard your health and related data — thus constituting a violation of our Terms of Use.

Payment and Insurance: You must pay all fees for services at the time of checkout based on the payment terms provided. Prices can change at any time at the discretion of “Get Gleam.” You will be prompted to enter your payment details, including credit card information and any promotional codes. By submitting your payment information, you authorize “Get Gleam” or its third-party processors to charge the stated amount. You are responsible for fees charged by healthcare organizations or providers for services received through “Get Gleam,” which may include pharmacy services. Charges collected by “Get Gleam” may include these healthcare fees. If your credit card expires or if there is an issue processing your payment, you will need to provide alternative payment methods. It is your responsibility to ensure your payment information (e.g., credit card number, billing address) is always accurate and up to date. “Get Gleam,” and healthcare providers are not obliged to provide services until full payment is received and verified.

We regret to inform you that Get Gleam and its affiliated providers do not accept commercial health insurance plans, are not in-network with any commercial health insurance plans and are not enrolled with federal or state health care programs, such as Medicare and Medicaid. By opting to utilize our services, you are explicitly choosing to acquire products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state health care program, thereby assuming full responsibility for the costs of any services or products provided to you.

Refund Policy: Clients who have purchased weight loss packages will not be refunded if they decide not to continue with the program. Refunds for weight loss programs/packages will not be given under any circumstances. All Sales on weight loss programs/packages are final.

RESULTS ARE NOT GUARANTEED. RESULTS WILL VARY BASED ON EACH PATIENT’S PHYSICAL HEALTH, FAMILY HISTORY, DIET AND EXERCISE, PHYSICAL CONDITION, AND ADHERENCE TO THE WEIGHT LOSS PROGRAM.

Privacy: Get Gleam values the privacy and confidentiality of your health information. Please review our Privacy Policy for details on how we collect and use your information. The Privacy Policy is an integral part of our Terms of Use.

Ownership: The Services and their content, features, and functionality ("Services Content") are exclusively owned by Get Gleam. Users are strictly prohibited from engaging in activities such as reproducing, publishing, distributing, modifying, or creating derivative works of the Services or Services Content unless explicitly authorized by Get Gleam in writing. Furthermore, the use of trademarks, trade names, service marks, or logos of Get Gleam or its affiliates is not permitted without express written permission. All such Marks and their associated goodwill are the property of Get Gleam or its affiliates.

Indemnification: You agree to indemnify, defend, and hold harmless Get Gleam, its affiliates, its affiliated healthcare practices, its subsidiaries, and all of their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys' fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, (i) your use of the Services, or your use of the materials or features available on the Services, in an unauthorized manner, (ii) your fraud, violation of law, negligence, or willful misconduct, or (iii) any breach by you of these Terms of Use.

License: In compliance with these Terms of Use, we hereby grant you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Services and Services Content solely for personal and non-commercial use, and exclusively as permitted under these Terms of Use and the Privacy Policy. No other right, title, or interest in or to the Services or Services Content is transferred to you, and all rights not expressly granted are reserved by Get Gleam or its licensors.

User Content: With the exception of stipulations outlined in our Privacy Policy and governed by relevant federal and state-specific privacy laws and regulations, any information provided through the Services, including but not limited to data, questions, comments, forum communications, or suggestions/feedback, will be considered non-confidential and non-proprietary, and will become the property of Get Gleam and/or affiliated provider practices or individual health providers utilizing the Services ("User Content").

Restrictions on Use: Users must avoid engaging in harmful activities, misrepresenting identities, or violating laws while using the services. Do not impersonate others or falsely represent your affiliation with any entity. Only use framing techniques to enclose any trademark, logo, or the services after obtaining written consent. Do not reverse engineer, disassemble, or translate any software or components of the services. Do not upload or transmit harmful code like viruses or Trojan horses that could affect systems or networks. Do not use unauthorized means to access the services or violate third-party intellectual property rights. Avoid using automated tools (e.g., robots, spiders, scrapers) without written consent, and do not circumvent access restrictions.

Do not sell, distribute, or transfer the services or content to third parties without permission. Do not develop competing products or services. Do not disrupt or impair the services, service content, or user content. Again, ensure framing techniques for trademarks, logos, or services are used only with prior written consent. (This point is repeated and may be an error in the list.) Do not violate laws, including export laws, and avoid disseminating harmful, unlawful, or objectionable content. Do not harass or intimidate affiliated healthcare providers. Do not interfere with the security of the services or attempt unauthorized access to any network. Refrain from bypassing security measures implemented to protect the services. Do not remove or alter trademarks, specifications, warranties, disclaimers, or copyright notices. Avoid using manual or automated processes to monitor or copy content without authorization. Do not transmit advertising or promotional material without consent. Do not reproduce or use company or third-party content from the services without authorization. Do not exceed the authorized scope of use for the services. Do not encourage or enable others to engage in any prohibited activities.

Warranties and Liability: Use of the services provided by Get Gleam is entirely at your own risk. The services are provided “as is” and “as available” without any guarantees. Get Gleam and its affiliates make no representations or warranties of any kind, whether express or implied, regarding the service, including but not limited to merchantability, fitness for a particular purpose, non-infringement, accuracy of data, security, or reliability. You are responsible for evaluating the accuracy and reliability of the information provided by the service. Get Gleam and its affiliates are not liable for any indirect, incidental, special, consequential, punitive, or exemplary damages. This includes, but is not limited to, damages for loss of revenue, profit, goodwill, data, or any other intangible losses. The maximum liability for damages shall not exceed $100 or the amount you paid to access the services in the last 12 months, whichever is greater. Some regions do not permit the exclusion of certain warranties or the limitation of liability for damages. Therefore, some limitations mentioned might not apply to you. Specifically for residents of New Jersey or other U.S. states that allow these exclusions, the stated limitations do apply.

Communication Consent: Users consent to receive communications via text and email, acknowledging the risks associated with unencrypted messages. If you choose to receive text (SMS) messages from Get Gleam or initiate the SMS Enrollment by sending Get Gleam a text message, you are consenting to receive text messages pertaining to your Get Gleam account and the use of the Services. These messages may encompass order confirmations, shipping notifications, communications from your healthcare provider, and other transactional messages, as well as promotional and marketing notifications, provided you have opted in to receive such messages from Get Gleam. It is important to note that by completing the SMS Enrollment, you are affirming the following: (1) you are the owner or an authorized user of the mobile device used to initiate the SMS Enrollment, (2) you are authorized to approve any relevant charges associated with the text messages you send to and receive from Get Gleam, (3) you will be accountable for all messaging and other data charges that may apply to any text messages sent from Get Gleam to you, or vice versa, and (4) neither Get Gleam nor your mobile carrier will be held liable for delayed or undelivered messages. Access to the Services is not contingent upon your consent to receive marketing or promotional text messages from Get Gleam, and you can opt out of any Get Gleam SMS services at any time by texting "STOP" from the subscribed mobile device. Following the commencement of the "STOP" texting process, you may receive a final text message to confirm your unsubscription. In the event that you have opted in to receive more than one type of text message from Get Gleam, it is necessary to opt out of each service separately. Until the completion of this process, you may continue to receive the types of text messages you have opted into but not unsubscribed from. Please be aware that despite our commitment to upholding the privacy and security of your health and other sensitive information, the internet and mobile networks do not guarantee 100% secure transmission of data. Consequently, text messages and emails sent to or received from Get Gleam are not encrypted and could potentially be intercepted by third parties. Should you choose to share health or sensitive information via text message or email, you do so at your own risk. By initiating an SMS Enrollment, you consent to sending unencrypted text messages to Get Gleam and receiving unencrypted text messages from Get Gleam. Correspondingly, by engaging in email communication with Get Gleam or providing your email, you consent to receiving unencrypted email messages. If you experience any difficulties with Get Gleam's text messaging or email services, or if you have concerns regarding the exchange of sensitive information via text or email, please feel free to contact us directly at support@getgleamnow.com. For inquiries specific to your text or data plan, please reach out to your wireless provider.

Dispute Resolution: Disputes must first be sought to be resolved informally. If unresolved, they will be handled through binding arbitration, waiving the right to a jury trial.

PLEASE READ THIS SECTION 1.4 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

1. Initial Dispute Resolution

Get Gleam Corp customer support department is available through the web and Get Gleam Corp’s mobile apps to address any concerns you may have regarding the Platform or Service. Get Gleam Corp’s customer support department can resolve most concerns quickly to our customers’ satisfaction. Failure to engage in this process could result in the award of fees against you in arbitration.

The parties shall use their best efforts through this customer support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. This requires first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute to info@getgleamnow.com. The written description of the dispute must be on an individual basis and provide, at minimum, the following information: your full name; your mailing address; the email address associated with your User Account; a description of the nature or basis of the claim or dispute; and the specific relief sought. For any dispute that initiates, Get Gleam Corp will send a written description of the dispute to the email address associated with your User Account. If the dispute is not resolved within sixty (60) days after receipt of the written description of the dispute, you and the applicable Get Gleam Corp entity agree to resolve any remaining dispute through the further dispute resolution provisions below.

The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any applicable statute of limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

1.2 Binding Arbitration

Only after the parties have engaged in a good-faith effort to resolve the dispute in accordance with the Initial Dispute Resolution procedures set forth in Section 1.1, and only if those efforts fail, then either party may initiate binding arbitration, subject to the exceptions in Section 1.5 and the terms set forth below, as the sole means to resolve claims using the procedures set forth in Section 1.6 below.

If you are initiating arbitration, a copy of the demand must be emailed to info@invigorationhealth.com. If a Get Gleam Corp is initiating arbitration, it will serve a copy of the demand to the email address associated with your User Account.
You and each Get Gleam Corp entity agree that all claims, disputes, or disagreements that may arise out of interpretation or performance of these Terms of Use (including but not limited to its formation, enforceability, performance, and breach) or that in any way relate to the provision, payment or use of the Platform or the Services or products provided through the Platform, your relationship with the Get Gleam Corp entity or the Arbitral Parties (as defined below), or any other dispute with any Get Gleam Corp entity or the Arbitral Parties, shall be resolved exclusively through binding arbitration in accordance with this Section 1.4 (collectively, the “Arbitration Terms”). This includes claims that arose, were asserted, or involve facts occurring before the existence of these Arbitration Terms or any prior agreement, as well as claims that may arise after the termination of these Arbitration Terms, in accordance with the notice and opt-out provisions set forth in Section 1.7). These Arbitration Terms also apply to claims, disputes, or disagreements between you and any Providers, the Pharmacies, and the Labs (such parties, the “Arbitral Parties”) arising out of or related to these Terms of Use, the Platform or the Service. Such Arbitral Parties will be considered intended third-party beneficiaries of these Arbitration Terms, and references to the “parties” under these Arbitration Terms shall be deemed to include the Arbitral Parties, where applicable.

These Arbitration Terms are governed by the Federal Arbitration Act (“FAA”) in all respects and evidence of a transaction involving interstate commerce. You and Get Gleam Corp expressly agree that the FAA shall exclusively govern the interpretation and enforcement of these Arbitration Terms. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.

Except as set forth in Section 1.5, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to any claim that all or any part of these Terms of Use are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with National Arbitration and Mediation rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with this Section 1.4.

You, the Get Gleam Corp entity, and the Arbitral Parties understand that absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU, Get Gleam Corp AND THE ARBITRAL PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Except as set forth in Section 1.4 below, if any provision of these Arbitration Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.

1.3 Location

If you are a resident of the United States, arbitration will take place in the County where you reside. For residents in Canada (and anywhere else outside the United States), arbitration shall be initiated in the County of San Francisco, State of California, United States of America, unless you, the applicable Get Gleam Corp entity and the applicable Arbitral Parties otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue. For any arbitration conducted in California, you, the applicable Get Gleam Corp entity, and the applicable Arbitral Parties agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

1.4 Class Arbitration Action and Collective Relief Waiver YOU AND GET GLEAM CORP.

AGREE THAT TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SECTION 1.4 AND SECTION 1.6 BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS THE APPLICABLE Get Gleam Corp AND ANY APPLICABLE ARBITRAL PARTIES PROVIDE THEIR CONSENT TO CONSOLIDATE IN WRITING.

If there is a final judicial determination that applicable law precludes enforcement of this Paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. If there is a final judicial determination that either the Class Arbitration Action and Collective Relief Waiver or the provisions in Section 3.4.6 are not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you, any Get Gleam Corp or any Arbitral Party from participating in a class-wide settlement of claims.

1.5 Exception

Litigation of Intellectual Property and Small Claims Court Claims Notwithstanding the parties’ decision to resolve all disputes through arbitration, any party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Any party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction regardless of what forum the filing party initially chose. Any party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under these Arbitration Terms, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed (and any applicable statute of limitations tolled) pending the outcome of such action.

1.6 Arbitration Rules

The arbitration will be administered by National Arbitration and Mediation (“NAM”) and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider. Except as modified by these Arbitration Terms, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at namadr.comor by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.
You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Section 3.4.6(D), provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by a party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 3.4 while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
Any arbitration demand or counterclaim asserted by a party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to these Terms of Use by having registered a User Account. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11),including for any claim filed on behalf of a claimant who is not party to these Terms of Use.
The parties agree that NAM has discretion to modify the amount or timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 1.4 while such challenge remains pending before NAM the arbitrator, and/or a court of competent jurisdiction.
If the amount in controversy does not exceed $5,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you, the applicable Get Gleam Corp entities and any applicable Arbitral Parties submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $5,000 or seeks declaratory or injunctive relief, any party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.
Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.
To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with Section 1.6(A) if NAM is unavailable) against any Get Gleam Corp entity and any Arbitral Party within reasonably close temporal proximity (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM (or another arbitration provider selected in accordance with 1.6(A) if NAM is unavailable) in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by the Get Gleam Corp and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with the applicable Get Gleam Corp, applicable Arbitral Parties, and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless the applicable Get Gleam Corp and any applicable Arbitral Party otherwise consent in writing, the Get Gleam Corp and any applicable Arbitral Party do not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in Section 1.4 and this Section 1.6(G). If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.
The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and these Arbitration Terms. The parties agree that the damages and/or other relief must be consistent with Section 1.4 above and also must be consistent with the terms of the “Limitation of Liability” section of these Terms of Use as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorney’s fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

1.7 30-Day Right to Opt Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email address: Get Gleam Corp. The notice must be sent within 30 days of your creation of a User Account, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. Your notice must include your full name, mailing address, the email address you used to set up your User Account, and an unequivocal statement that you want to opt out of these Arbitration Terms. If you opt-out of these arbitration provisions, Get Gleam Corp and the Arbitral Parties also will not be bound by them, but all other parts of these Terms of Use will continue to apply to you. Get Gleam Corp will continue to honor any valid opt outs if you opted out of arbitration in a prior version of these Arbitration Terms pursuant to the requirements setforth in that version. If you do not timely opt out of these Arbitration Terms, such action shall constitute mutual acceptance of these Arbitration Terms by you, Get Gleam Corp, and the Arbitral Parties.

1.8 Changes to this Section

Get Gleam Corp will provide 30 days notice of the date of any material changes to the Arbitration Terms under Section 1.4. Changes will become effective on the 30th day and apply to all claims not yet filed. If you continue to use the Platform or Services after the 30th day, you agree that any unfiled claims of which Get Gleam Corp does not have actual notice are subject to the revised Arbitration Terms. If you disagree with such changes, you may opt-out by providing notice at info@getgleamnow.com.

If you reject any such changes by opting out of the Arbitration Terms, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Terms will not apply to claims not yet filed. If Get Gleam Corp change these Arbitration Terms after the date you first accepted these Arbitration Terms (or accepted any subsequent changes to these Arbitration Terms), you agree that your continued use of the Platform or Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such changes, you may opt-out by providing notice at info@getgleamnow.com.

Overall, these terms emphasize the importance of understanding the conditions, the scope of services provided, and the legal implications of using Get Gleam's services.

HIPAA Authorization

Relatient offers services, such as helping you book appointments with the healthcare provider(s) of your choice (“Your Healthcare Provider”) and notifying you of your appointment details (“Relatient Services”). As part of providing the Relatient Services, Relatient may collect, use, share, and exchange your health-related information with Your Healthcare Providers. Under a federal law called the Health Insurance Portability and Accountability Act (“HIPAA”), some of this health and health-related information may be considered “protected health information” or “PHI” if such information is received from or on behalf of Your Healthcare Providers.

Safeguards for PHI

HIPAA protects the privacy and security of your PHI by limiting the uses and disclosures of PHI by most healthcare providers and by health plans (called “Covered Entities”) as well as companies, like Relatient, that provide certain types of assistance to Covered Entities (called “Business Associates”). Under certain circumstances described in HIPAA, an individual needs to sign an Authorization form before a Covered Entity, like Your Healthcare Provider(s), can disclose protected health information to a third party.

Non-Protected Health Information

As a condition of creating your Relatient account, you are required to read and agree to Relatient Privacy Policy. Relatient’s Privacy Policy explains how Relatient processes and shares information received from you that is not covered by HIPAA (“Non-PHI”).

Your PHI Authorization

The purpose of this Relatient Authorization (“Authorization”) is to request your written permission to allow Relatient to use and disclose your PHI. If Relatient is a Business Associate of Your Healthcare Providers, Relatient needs your Authorization to be able to use and disclose your PHI. Specifically, you agree that Relatient can use your PHI to: enable and customize your use of the Relatient Services; provide you alerts or other Relatient Services regarding future appointments; provide you with updates and information about the Relatient Services; conduct analysis for Your Healthcare Provider and Relatient’s business purposes; support development of the Relatient Services; and create de-identified information and then use and disclose this information in any way permitted by law, including to third parties in connection with their commercial and marketing efforts. You also agree that Relatient can disclose your PHI to: third parties assisting Relatient with any of the uses described above; Your Healthcare Providers to enable them to refer you to, and make appointments with, other providers on your behalf, or to perform an analysis on potential health issues or treatments, provided that you choose to use the applicable Relatient Service; our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to the operation or provision of our services, even when Relatient is no longer working on behalf of Your Healthcare Providers; a provider of medical services, in the event of an emergency; and organizations that collect, aggregate and organize your information so they can make it more easily accessible to your providers.

Redisclosure

Your PHI Authorization

If Relatient discloses your PHI, Relatient will require that the person or entity receiving your PHI agrees only to use and disclose your PHI to carry out its specific business obligations to Relatient or for the permitted purpose of the disclosure (as described above). Relatient cannot, however, guarantee that any such person or entity to which Relatient discloses your PHI or other information will not re-disclose it in ways that you or we did not intend or permit.

Expiration and Revocation of Authorization

Your Authorization remains in effect until you provide written notice of revocation to Relatient

YOU CAN CHANGE YOUR MIND AND REVOKE THIS AUTHORIZATION AT ANY TIME AND FOR ANY (OR NO) REASON.

If you wish to revoke this Authorization, you must notify Relatient by submitting a revocation through your account settings page. Your decision not to execute this Authorization or to revoke it at any time will not affect your ability to use certain of the Relatient Services. A Revocation of Authorization is effective after you submit it to Relatient, but it does not have any effect on Relatient’s prior actions taken in reliance on the Authorization before revoked. Once Relatient receives your Revocation of Authorization, Relatient can only use and disclose your PHI as permitted in Relatient’s agreements with Your Healthcare Provider(s). Your Revocation of Authorization does not affect Relatient’s use of your Non-PHI.

We will make available to Your Healthcare Provider(s), current and past, your agreement to or revocation of this Authorization.