Terms of Service
Terms of Service
Effective Date: June 27, 2023
Updated: August 30, 2023
Last update: June 22, 2024
Introduction
Welcome to Health Care Relief™ (“Service”), a cost-containment service offering through DecisionPoint Health Analytics, LLC (“DPHA”). DPHA includes DecisionPoint Health Analytics, LLC and all of its parent, subsidiary and affiliated entities and companies. As used in these Terms of Service, DPHA may be referred to in these Terms of Service as “we”, “us”, “our” and “ourselves”. Subscribers may be referred to herein as “Subscriber” and “you”.
This is an agreement between our Subscribers and DPHA (i.e., a legally binding contract). It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of Service means you accept any changes.
Binding Agreement
By using Service you accept, without limitation or qualification, the following Terms of Service together with our Privacy Policy, which together constitute an Agreement between you and DPHA. If you do not agree to these Terms of Service, you must not subscribe to Service. You further agree to indemnify, defend and hold DPHA members, employees, 1099 contractors, Service resellers and introducers, and third-party promoters of Service harmless, from and against all liabilities, losses, expenses, damages and costs (including attorneys’ fees), resulting from any violation by you of these Terms of Service. You accept these Terms of Service.
Revisions to Terms of Use
We reserve the right, at our sole discretion, to change the terms and conditions of these Terms of Service from time to time, and your continuing use of Service constitutes your acceptance of and agreement to any changed terms and conditions. We may revise these Terms of Service at any time by posting an updated version to this webpage. You should visit this page periodically to review the most current Terms of Service. Your continued use of Service after a change to these Terms of Service constitutes your binding acceptance of the updated Terms of Service.
A Non-insurance Service
Service is NOT INSURANCE coverage, is not intended to replace insurance, and does not meet the minimum creditable coverage requirements under the Affordable Care Act or Massachusetts M.G.L. c. 111M and 956 CMR 5.00.
Service Description
Health Care Relief™ (“HCR”) is an advocate-driven, cost-containment service that brings relief from the high costs of health care. Using proprietary databases, open sources, and on-the-ground knowledge of local providers, we act as your gateway to lower-cost, cash pay providers for nearly all your health care needs.
HCR service requests are initiated by contacting a Relief Advocate™ in accordance with instructions you receive when your subscription is activated.
Subscription Terms
HCR is offered as a one-year subscription agreement payable over the 12-month term through automatic monthly payments to your credit/debit card.
Monthly Payment Schedule
The first monthly payment will be charged to your credit/debit card the day you subscribe. This is your subscription activation date. For the remaining 11 months of your subscription term, your credit/debit card will automatically be charged on or near this date.
Cancellation Policy
You can cancel your subscription at any time after the first six months of your subscription term. If you cancel your subscription, your credit/debit card will automatically be charged a one-time cancellation fee equal to 25% of the remaining balance owed on your subscription term. We must be notified 10 days prior to your next billing date or cancellation will take effect the following month. To cancel your subscription, contact us by email at relief@dphanalytics.com.
Monthly Payment Default
In the event of default on a monthly payment obligation for your subscription, we shall have the right to terminate your subscription upon 15 days email notice to you provided such default is not cured by you within such 15-day period. In the event default is not cured within the 15 day period, your credit/debit card will automatically be charged a one-time cancellation fee equal to 40% of the remaining balance owed on your subscription term.
Subscription Renewal
Your subscription will automatically renew at the end of the 12-month term. You can cancel the renewal by contacting us at relief@dphanalytics.com. If you cancel after the renewal date, you will only be charged for those months during which your subscription remained active. No cancellation fee will apply.
Independent Health Care Providers
Neither DPHA nor Service is a healthcare provider. All physicians and nurses, and all other licensed health care professionals, and all blood/lab work facilities, imaging centers, clinics, surgery centers, and hospitals (collectively referred to as “Provider(s)”) that may be utilized by Subscriber through Service are independent of DPHA and Service and are solely responsible for the services each provides to you. Neither DPHA nor Service practices medicine, nursing or any other licensed profession, and do not interfere with the practice of medicine or any other licensed profession by providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither DPHA nor any Service resellers, introducers, and third-party promoters of Service shall be liable for any professional advice or treatment you obtain from a treating practitioner.
No Guarantee of Availability to Provider
DPHA is not responsible or liable for any failure, unavailability or inability of a Provider to schedule with you. Providers operate independently and reserve the sole right to refuse or decline to provide their services to any subscriber. DPHA is not responsible for the unavailability of Providers based on Subscriber’s geographic location.
No Guarantee of the Best Possible Cash-pay Price
DPHA makes no claims, promises, or guarantees that Subscriber will receive the best possible price or a fair and competitive price for their doctor visit, blood work/lab test, imaging test, colonoscopy, upper GI or surgical procedure. Service is limited to assisting Subscribers with identifying nearby cash-pay Providers and with initiating scheduling in accordance with the selected Provider’s scheduling protocol.
No Guarantee of Free or Fee Discounts for Primary and Behavioral Care
Obtaining free or discounted clinical care and behavioral care at a nearby Community Health Center (CHC) or Federally Qualified Health Center (FQHC), or Certified Community Behavioral Health Center (CCBHC) is typically based on household income. DPHA makes no claims, promises, or guarantees on the fee discount offered to the Subscriber. Disclosure of additional financial and non-financial information, if required by the clinic, may increase or decrease the fee discount offered or may disqualify the applicant for a fee discount altogether.
No Guarantee of Financial Assistance at a Non-profit Hospital
Financial assistance in the form of free or discounted care is based on household income and other financial and non-financial metrics. DPHA makes no claims, promises, or guarantees on the level of financial assistance offered to the Subscriber. Disclosure of additional financial and non-financial information, if requested by the hospital, may increase or decrease the level of assistance offered, or may disqualify the applicant for financial assistance altogether.
Provider Forms
Subscribers will be required to complete Provider-specific forms (e.g., patient history, consent forms and HIPAA privacy forms) before services are provided.
Terminating a Scheduled Consultation
Subscribers and Providers are in complete control over whether a service is provided. A Subscriber may refuse to receive services from a Provider and a Provider may refuse to provide services to a Subscriber, even after agreeing to perform the service, in either of their sole judgments. However, any then-current cancellation and refund policy will apply and be binding as deemed incorporated herein. Provider may also terminate a service when they do not feel safe or comfortable because of subscriber conduct or otherwise.
Service Does Not Provide Medical or Clinical Advice
Service does not give medical or clinical advice. Neither DPHA nor Service is a healthcare practitioner and are not a medical or nursing organization, hospital, healthcare provider, or employer or contracting provider of medical or clinical professionals or services. Providers, and not DPHA, will be solely responsible for the services they independently provide either themselves or through their own owners, employees and/or agents. In addition, we do not recommend or endorse the credentials, quality or qualifications of any Providers or health-related products, items, or services; however, Service’s provider directory, search, and scheduling services affiliates make reasonable attempts to verify that facilities have active credentials with healthcare accrediting bodies whenever applicable. DPHA is not responsible or liable for any referral or recommendation of a third party, product or supply made by a Provider.
No Patient Relationship
Your use of Service does not create a patient relationship with DPHA or Service. You should consult with qualified health professionals who are familiar with your individual medical needs concerning your specific medical issues.
Provider Conduct
We make no representations or warranties as to the conduct of providers, or of provider’s qualifications or background.
Third-Party Payment Processors
Service uses third-party payment processors for electronic commerce. Our payment processors and the payment methods they accept may change without notice. Our payment processors accept payments through methods detailed on the applicable payment screen, which may include various credit card payment methods. By using such third-party payment processors, you agree to their terms and conditions of use. Such third parties may charge fees to process payments. DPHA disclaims all liability with regards to any fees or problems you have with third-party payment processors including, without limitation, online merchant services.
Third Party Fees
All third party fees (such as data usage fees charged by your internet or mobile provider) and compliance with any applicable third party terms are your sole responsibility.
U.S. Dollars
All transactions through the App are in U.S. dollars.
Your Subscription
You represent and warrant that the information you provide to Service and Providers at all times will be true, accurate, current, and complete.
Communications
Service may communicate with you by email, telephone (texting or calls), or push notifications. You agree to receive email, telephone calls, text messages, and push notifications from us at the contact information you provided to us.
Text Messages
By providing us with your mobile telephone number, you consent to receive text messages at that number as requested for administrative purposes. While we do not charge a fee for text messages, your carrier may charge standard messaging, data, and other fees. You are responsible for these charges. We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message, as this is out of our control and is the responsibility of the cellular telephone operator or other networks.
Electronic Notices
By subscribing to Service, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of Service. If we learn of a security system’s breach, we may attempt to notify you electronically by sending an email or text to you. You may have a legal right to receive this notice in writing. To receive written notice of a security breach (or to withdraw your consent from receiving electronic notice), please contact us by email at: relief@dphanalytics.com.
Service Marks, Content Ownership and Use
Subscriber acknowledges that all DPHA-owned trademarks, trade names and all other Service distinctive signs, registered or not, used in connection with Service (collectively "Trade Materials") are the property of DPHA. Subscriber will make no copies of the materials including the Trade Materials.
Ownership of Databases and Technology
Subscriber is prohibited from duplicating proprietary databases, reverse engineering Service and engaging in any other method to replicate Service in part or in whole. Furthermore, Subscriber is aware that by attempting to monetize Service in any format will cause irreparable financial harm to DPHA, to which DPHA reserves the right to legally recover such monies to the fullest extent of the law.
Subscriber Disputes with Providers
We are not responsible or liable for any disputes or disagreements between you and any Provider or with any third party service provider referred to you by Provider. Service will not be performing any claims adjustment services, auditing the performance of healthcare services (or the appropriateness or correctness of any charges from healthcare providers/suppliers if ever applicable), or handling any disputes among such providers/suppliers. You assume all risk associated with dealing with such Providers and other third parties. You agree to resolve disputes directly with the other party.
Disclaimer of Warranties
You use Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF SERVICE AND ANY SERVICES OR PRODUCTS OR OTHER ITEMS AND INFORMATION MADE AVAILABLE ON OR THROUGH SERVICE INCLUDING HEALTHCARE SERVICES IS AT YOUR SOLE RISK, AND THAT ANY SUCH SERVICES, PRODUCTS, ITEMS AND INFORMATION AVAILABLE ON OR THROUGH SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO INFORMATION AND SERVICES OFFERED BY THE RELEASED PARTIES OR THIRD PARTIES ON OR THROUGH SERVICE, IMPLIED OR EXPRESS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR WILL HAVE ANY SPECIFIC RESULTS, (ii) SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (INCLUDING AS TO ANY RISK OF CORRUPTION OR DELETION OF ANY DATA OR INFORMATION YOU PROVIDE USING SERVICE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN SERVICE OR DATA/INFORMATION (INCLUDING THAT PROVIDED BY YOU) WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
Released Parties Defined
As used in these Terms of Service, “Released Parties” include DecisionPoint Health Analytics, LLC and DecisionPoint Services, LLC, and all of their past, present and future subsidiaries, affiliates, divisions and entities, and all their past, present and future members, employees, 1099 contractors, resellers, introducers, third-party promoters, attorneys, agents and insurers.
We are not liable for anything that happens to you involving the App including arising from healthcare services and consultation rendered by third party practitioners.
YOU SPECIFICALLY ACKNOWLEDGE THAT DPHA SHALL NOT BE LIABLE FOR ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY INCLUDING PROVIDERS AND THAT THE RISK OF HARM, INJURY, OR DEATH OR OTHER DAMAGE FROM SERVICES RENDERED BY ANY THIRD PARTY IS SOLELY YOUR OWN. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM ACCESS TO AND USE OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING TO OR RESULTING FROM: (I) INJURY, DAMAGE OR DEATH; (II) THE INABILITY TO USE ANY PRODUCTS, SERVICES, INFORMATION OR OTHER ITEMS MADE AVAILABLE ON OR THROUGH SERVICE; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF SERVICE; (IV) UNAUTHORIZED ACCESS TO, CORRUPTION OF, INTERFERENCE WITH, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY PROVIDER OR THIRD PARTY THROUGH SERVICE; (VI) YOUR RELIANCE ON CONTENT, CONSULTATION AND ADVICE MADE AVAILABLE BY SERVICE OR BY A THIRD PARTY; OR (VII) ANY OTHER MATTER, CIRCUMSTANCE OR OCCURRENCE RELATING TO SERVICE. WE WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ANY OF OUR OBLIGATIONS UNDER THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY SUBSCRIBER TO SERVICE OR ANY HEALTHCARE PROVIDER, AND THE RELEASED PARTIES ARE NOT LIABLE FOR ANY LOSS, CLAIM, INJURY, DEATH OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF SERVICE. BY SUBSCRIBING TO SERVICE YOU THEREBY RELEASE THE RELEASED PARTIES FROM ANY LIABILITY RELATED TO ANY USE OF OUR APP OR THE CONDUCT, MALPRACTICE OR MISCONDUCT OF A SUBSCRIBER OR PROVIDER.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ COLLECTIVE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF SERVICE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
WITHOUT LIMITATION OF THE FOREGOING AND EXCEPT AS PROHIBITED BY LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF SERVICE AND COMMUNICATIONS THROUGH SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER SUBSCRIBERS OF SERVICE OR PERSONS YOU MEET THROUGH SERVICE INCLUDING PROVIDERS. YOU ASSUME SOLE RISK OF SAME. YOU WILL TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER SUBSCRIBERS TO SERVICE. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY PROVIDER AND IN CONNECTION WITH USING SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH PROVIDER SERVICES AND CONDUCT. YOU WILL NOT HOLD THE RELEASED PARTIES LIABLE FOR ANY SERVICES, PRODUCTS, INFORMATION OR OTHER ITEMS DELIVERED WHICH ORIGINATED THROUGH SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, OR CONTROVERSIES THAT ARISE OR ARE RELATED IN ANY WAY TO SERVICE, THE INFORMATION PROVIDED THROUGH SERVICE AND THE ITEMS/SERVICES/CONTENT/FUNCTIONALITY PROVIDED BY OR TO ANY SUBSCRIBER OF SERVICE.
SERVICE DOES NOT MAKE ANY GUARANTEES AS TO INSURANCE POLICIES HELD BY PRACTITIONERS.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including, without limitation, legal and accounting fees, alleging or resulting from your use of Service, including, but not limited to, (i) your use of or reliance on any third-party content/data, advice and services, (ii) your use of or reliance on any Service content, (iii) your breach of these Terms of Service, or (iv) if you are a Provider, any damages arising from services rendered by you, including any personal injury, property damage, or death.
All indemnification obligations in these Terms of Service survive termination of your subscription.
General Terms
These Terms of Service constitute the entire agreement between you and DPHA. No joint venture, partnership, employment, or agency relationship exists between you and DPHA as a result of these Terms of Service. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Except as otherwise stated in these Terms of Service, if any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid or exceed the scope of lawful authority, the parties nevertheless agree that the court or arbitrator shall endeavor to give effect to the parties’ intentions as reflected in the provision to the maximum extent available in the jurisdiction in which enforcement is available, and the other provisions of these Terms of Service remain in full force and effect. The section titles in these Terms of Service are for convenience of reference only and have no legal or contractual effect. The word “including” means “including without limitation” unless otherwise expressly indicated.
Dispute Resolution
Mandatory Arbitration
Please read this carefully. It affects your rights. You and DPHA and each of our legal representatives, heirs, estates, successors, and permitted assigns agree to arbitration (except for matters that may be taken to small claims court), as the exclusive form of dispute resolution except as provided for below, for all disputes and claims arising out of or relating to this agreement. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Please visit www.adr.org for more information about arbitration. No arbitration is required for equitable relief sought by us.
Commencing Arbitration
A party seeking arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “notice”), or, in the absence of a mailing address provided by Subscriber, to Subscriber via any other method available to Subscriber, including via email and text message. The notice to DPHA should be addressed to relief@dphanalytics.com. The notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “demand”). If the claim is not resolved within 30 days after the notice is received, then Subscriber or DPHA may commence an arbitration proceeding as set forth below or file a claim in small claims court. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its commercial arbitration rules and the supplementary procedures for consumer related disputes (the “rules”), as modified by this agreement. The rules and AAA forms are available at www.adr.org.
Arbitration Proceeding
The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business in Oakland County in the State of Michigan will be appointed pursuant to the rules, as modified herein. The following rules will apply: (a) the arbitration will be conducted by telephone, online, or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No Class Actions
Subscriber may bring claims (including actions in equity) against the other only in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the arbitrator may not consolidate proceedings brought by Subscriber with more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific provision is found to be unenforceable, then this entire mandatory arbitration section will be null and void at DPHA’s option.
Decision of the Arbitrator
Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this deadline by 30 days in the interests of justice. Arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the award. The award will be in writing and will include a statement setting forth the reasons for the claim’s disposition. The arbitrator will apply State of Michigan law during the arbitration. To the extent these terms and Subscriber’s use of Service evidence a transaction involving interstate commerce, the United States federal arbitration act will govern the interpretation, enforcement, and proceedings pursuant to the mandatory arbitration clause in these terms of use/terms and conditions.
Equitable Relief
The foregoing provisions of this Dispute Resolution section do not apply to any claim in which DPHA seeks equitable relief of any kind, which are cumulative and not exclusive of other rights and remedies at law and in equity and which will not require the posting of bond, and notwithstanding anything herein to the contrary whatsoever, DPHA may seek equitable relief and associated remedies at law in any jurisdiction and venue in which such relief is desired.
Claims
Notwithstanding any other rights a party may have under law or equity, any cause of action a Subscriber may have arising out of or related to this agreement must commence within one (1) year after the cause of action accrues. Otherwise, the cause of action is permanently barred.
Improperly Filed Claims
All claims a Subscriber brings against DPHA must be resolved in accordance with this section. All claims filed or brought contrary to this section will be considered improperly filed. Should Subscriber file a claim contrary to this section, DPHA may recover attorneys’ fees and costs up to $5,000, provided that DPHA has notified Subscriber in writing of the improperly filed claim, and Subscriber has failed to promptly withdraw the claim.
Enforceability
If the arbitration provisions of this section or the entirety of this section (excluding this paragraph) is found to be unenforceable, then, at DPHA’s sole option, the entirety of this section will be null and void (excluding this paragraph) and, in which case, the exclusive jurisdiction and venue of Oakland County in the State of Michigan will govern any action arising out of or related to this agreement other than equitable action and associated remedies at law sought by DPHA. Any other provisions of this agreement which are invalid in their entirety are severable.
Governing Law; Choice of Forum
The laws of the State of Michigan, excluding its conflicts of law rules, govern these Terms of Service. To the extent that any action relating to any dispute hereunder is required to be brought in a court of law, subject to the exceptions stated herein, it will be subject to the exclusive jurisdiction of the state and federal courts located in Oakland County, Michigan and you hereby irrevocably submit to personal jurisdiction, and waive any defense of inconvenient forum.
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