Terms of Use
Welcome to https://www.mypatientvoice.com (the “Site”). This site is maintained by My Patient Voice LLC, a California limited liability company (referred to herein as either “My Patient Voice,” “we,” “us,” or “our”) as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, do not use this site.
1. Agreement.
This Terms of Use agreement (the “Agreement”) specifies the terms and conditions upon which you agree for your access to and use of the Site. This Agreement may be modified at any time by My Patient Voice upon posting of a modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://www.mypatientvoice.com/termsofuse. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.​
2. Privacy.
Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at
https://www.mypatientvoice.com/privacypolicy.
3. Online Sales.
Any purchase of products or services from the Site is governed by the Terms and Conditions for Online Sales. Please review our Terms and Conditions for Online Sales at https://www.mypatientvoice.com/onlinetermsconditions. Any purchase of any product or service through the Site shall constitute your acceptance of and agreement to the Terms and Conditions for Online Sales.
4. Ownership and Copyrights.
The content on this site, including but not limited to software, images, and written materials (the “Content”), are the intellectual property of Jonna Jerome & My Patient Voice, protected under applicable copyright, trademark, and other intellectual property laws of the United States (“Intellectual Property Laws”). Any copying, redistribution, use, or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. You agree to not modify, rent, lease, loan, sell, distribute, or create derivative works based on any Content.
5. Intended Audience.
This website is intended for adults only. This website is not intended for any children under the age of 18.
6. Site Use.
My Patient Voice grants you a limited, revocable, nonexclusive license to use this site solely for your own personal and non-commercial use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products, or services in violation of any law. The use of this website is at the discretion of My Patient Voice and My Patient Voice may terminate your use of this website at any time.
7. Compliance with Laws.
You agree to comply with all applicable laws regarding your use of the Site, products, and/or services. You further agreed that the information provided by you is truthful and accurate to the best of your knowledge.
8. Indemnification.
By using our Site, products and/or services, you, on behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold the Site, My Patient Voice, our partners, employees, and affiliates harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Site, products and/or services. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what it is to which you are agreeing.
You agree to indemnify and hold the Site, My Patient Voice, our partners, employees, and affiliates harmless from any and all losses, damages, and expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of any third party claims relating to your use of the Site, your use of the products, your use of the services, your violation of this Agreement or your violation of any rights of another.
9. Disclaimer.
The information, products, and services on the Site do not constitute legal, medical, or financial advice and may include inaccuracies or typographical errors. Such information, products, and services should not be relied upon exclusively for personal or financial decisions and should not be relied upon at all for medical or legal decisions; rather, we recommend you use such information, products, and services in conjunction with the advice of a qualified professional tailored to your situation. In short, your use of the information, products, and/or services is at your own risk.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SITE, MY PATIENT VOICE AND ANY OF THEIR PARTNERS, OWNERS, AFFILIATES OR EMPLOYEES DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, ONLY CERTAIN LIMITATIONS MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
10. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL THE SITE, MY PATIENT VOICE, OR ANY OF THEIR PARTNERS, OWNERS, AFFILIATES, OR EMPLOYEES BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR YOUR USE OF PRODUCTS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SITE, MY PATIENT VOICE OR ANY OF THEIR PARTNERS, OWNERS, AFFILIATES OR EMPLOYEES TO YOU FOR ALL CLAIMS RELATING TO THE PRODUCTS OR SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO MY PATIENT VOICE FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.
You may have additional rights under certain laws (including consumer laws), which do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, only those exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
THE PARTIES EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
11. Dispute Resolution by Binding Arbitration and Class Action Waiver.
In the event My Patient Voice is unable to resolve any dispute, controversy, or claim arising out of or related in any manner to this Agreement with you after attempting to do so informally, then as a condition to your use of the Site, products and/or services you, on behalf of yourself, your heirs and assigns, and My Patient Voice, on behalf of itself and its partners, managers, members, owners, affiliates and employees, mutually agree to resolve such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution ("JAMS"). JAMS will administer any such arbitration under its commercial arbitration rules. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of California. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the Parties. The arbitration will be held in the United States county where you live or work, Los Angeles (CA), or any other location as to which we may then mutually agree. A party seeking arbitration must first send to the other, by certified mail and email, a written notice of dispute.
Any notice to My Patient Voice should be addressed to My Patient Voice as provided below. Any notice to you shall be sent to your address as set forth in My Patient Voice records of account or such other legal address as My Patient Voice can identify.
You may only resolve disputes with My Patient Voice and/or its partners, owners, affiliates, and employees on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Notwithstanding our agreement to arbitrate our disputes as provided above, the following exceptions will apply to the resolution of disputes between us:
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You may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 90 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to the Agreement.
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My Patient Voice may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the services or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
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In the event that the agreement to arbitrate provided herein is found to be inapplicable or unenforceable for any reason, then as a condition to your use of the Site, the products and/or services you and My Patient Voice mutually agree that any resulting judicial proceedings will be brought in the federal or state courts of Los Angeles, California, and by your use of the Site, products and/or services you expressly consent to venue and personal jurisdiction of the courts therein.
12. Use of Information.
My Patient Voice reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy and the Terms and Conditions for Online Sales. Further, you agree that you may receive email and telephone communications from My Patient Voice, including scheduling, marketing, and other sales materials, in response to or related to contact submissions you submit on the Site. You also understand that you can remove yourself from promotional communications by clicking the "Unsubscribe" link in the footer of the actual email or by contacting My Patient Voice using the contact information below. You cannot opt out of essential communications regarding your account, such as renewal notices or other communications regarding products or services you have purchased or expressed an interest in purchasing.
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13. Third Party Sites.
This site may contain links to third-party resources and businesses on the Internet, called here "links" or "Lined Site(s)." Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you.
My Patient Voice does not control, endorse, or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. My Patient Voice is not responsible for webcasting or for any other form of transmission received from any Linked Site. This Agreement does not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any Linked Sites.
If you use any service provided on a Linked Site, (a) My Patient Voice will not be responsible for any act or omission of the third party, including the third party's access to or use of your customer data and (b) My Patient Voice does not warrant or support any service provided by the third party.
14. Applicable Law.
You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and My Patient Voice or its affiliates.
15. Severability.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
16. Waiver.
The failure of My Patient Voice to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by My Patient Voice must be in writing and signed by an authorized representative of My Patient Voice.
17. Termination.
My Patient Voice may terminate this Agreement at any time, with or without notice, for any reason. Paragraphs 4 (Ownership and Copyrights), 7 (Compliance with Laws), 8 (Indemnification), 9 (Disclaimer), 10 (Limitation of Liabilities), 11 (Arbitration and Class Action Waiver), 14 (Applicable Law) and 15 (Severability) shall survive any termination of this Agreement.
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18. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it is intended by both parties that each shall remain independent contractors responsible for its own actions.
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19. Entire Agreement.
This Agreement constitutes the entire agreement between you and My Patient Voice, and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and My Patient Voice with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy and Terms and Conditions for Online Sales), guidelines, or rules that may apply when you use the website. My Patient Voice may revise this Agreement at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
20. Contact Information.
My Patient Voice
Jonna Jerome
310-993-7068