Health Bank One™
TERMS OF SERVICE

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4.    License to Use the Service

4.1.    The Service, including without limitation the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by AllClear or its licensors and are protected under both United States and foreign laws. The Service is licensed, not sold, to you. The Service is licensed only for uses expressly permitted under these Terms. Your use of the Service is subject to all restrictions set forth in these Terms. We reserve all rights not expressly granted to you under these Terms. Subject to your complete and ongoing compliance with these Terms, we hereby grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your private use as an individual consumer and not for any commercial purpose or benefit of any third party unless otherwise expressly permitted herein. Any use of the Service other than as expressly authorized herein is strictly prohibited and will automatically and immediately terminate any and all licenses granted to you under these Terms. If we suspect the information you provide is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account.

4.2.    You acknowledge and agree that we may, from time to time, modify, discontinue, update and otherwise change the Service without notice to you, and that your right to use the Service will be limited to the then-current version of the Service that is offered by AllClear. In addition, we may suspend your access to the Service at any time for any reason or no reason. Termination of your right to use the Service will include the deletion of information in your user account such as your email address, password, and stored medical records. You also have the right to discontinue using the Service at any time. We are not responsible for any loss or harm related to your inability to access or use the Service.

5.    Your Responsibilities; Prohibited Uses

5.1.    Your Responsibilities. You agree to only provide accurate and complete information during the course of your use of the Service. It is your responsibility to provide us with true, accurate, and complete email address, contact, and other information related to your account(s), and to maintain and promptly update any changes in this information. You are responsible for maintaining the confidentiality and security of your account credentials, and you understand that you may not share this information with anyone else (including immediate family members or representatives) or attempt to access the accounts of any other person. You are fully responsible for all activities that occur under your password or account, whether authorized or unauthorized. You agree to (a) immediately notify us of any unauthorized use of your password or account, and (b) ensure that you properly exit from your account at the end of each session. AllClear shall not be liable for any loss or damage arising from your failure to comply with any of these Terms.

5.2.    Prohibited Uses. By using the Service, you agree not to (a) modify, prepare derivative works of, decompile or reverse engineer the Service (except as and only to the extent any foregoing restriction is prohibited by applicable law or regulation); (b) use the Service in a way that abuses or disrupts our networks, user accounts, or the Service; (c) transmit any harassing, indecent, obscene, fraudulent or unlawful material through the Service; (d) market, sell or resell the Service to any third party or otherwise commercially use the Service; (e) use the Service in violation of any applicable laws, regulations or ordinances, including without limitation any laws regarding the export of data or software; (f) use the Service to send unauthorized advertising or spam content; (g) harvest, collect or gather data of other users; (h) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service or features that enforce limitations on use of the Service; (i) transmit any material that infringes, misappropriates or otherwise violates the intellectual property, privacy or other rights of third parties through the Service; (j) use or attempt to use another user’s account without express written authorization from that user and AllClear; (k) impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity; (l) except as expressly permitted by AllClear, copy, reproduce, distribute, publicly perform or publicly display all or portions of the Service; (m) use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from the Service; (n) remove any proprietary rights, notices or markings in the Service; (o) do anything that might discover source code of the Service or bypass measures employed to prevent or limit access to any part of the Service; (p) develop or use any applications that interact with the Service without our prior written consent; or (q) otherwise use the Service in any manner that violates these Terms.

6.    Intellectual Property
6.1.    You acknowledge that we or our licensors retain all proprietary right, title and interest in the Service, our name, logo or other marks (together, the “AllClear ID Marks”), and any related intellectual property rights, including, without limitation, all modifications, enhancements, derivative works and upgrades thereto. You agree that you will not use or register any trademark, service mark, business name, domain name or social media account name or handle which incorporates in whole or in part the AllClear ID Marks or is similar to any of these.
6.2.    All materials available through the Service, if any, may be accessed, downloaded, or printed for the user’s own personal, noncommercial purpose and solely within the scope allowable by these Terms except in circumstances specified by federal or local law. No other use of these materials is allowed without express written permission of AllClear.
6.3.    Any unauthorized use of the words or images from the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. The Service includes material that is derived in whole or in part from materials that are copyrighted, including the content, format and layout of the Service. The copyrights are owned by AllClear, or for licensed content, by the content providers.
6.4.    None of the names, trademarks, service marks and logos of AllClear appearing on the Service may be used in any advertising, publicity or otherwise to indicate AllClear’s sponsorship of or affiliation with any product or service without express written permission of AllClear. Nothing contained within the Service should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right of use to any trademark displayed on or through the Service without the written permission of AllClear or the third party owner of the trademark, if any. The Service may contain other proprietary notices and copyright information, the terms of which must be observed and followed by you.

7.    Your Content

7.1.    Health Bank One may enable you to provide information, text, links, graphics, photos, videos or other materials (“Your Content”). We take no responsibility for, and we do not expressly or implicitly endorse any of, Your Content. By submitting Your Content to the Service, you represent and warrant that you have all rights, power and authority necessary to grant the rights to Your Content contained within these Terms. Solely to enable your use of the Service, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable and sublicensable license to use, copy, distribute, perform and display Your Content and any name, username or likeness provided in connection with Your Content. This license includes the right for us to make Your Content available to other companies or organizations who partner with us to enable your use of the Service. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

7.2.    Although we have no obligation to screen, edit or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for a violation of these Terms or if you otherwise create liability for us.

7.3.    If you use the Service to enter and maintain your personal information, you understand that you are responsible for safeguarding and securing your mobile device and the associated credentials (such as your PIN code needed to access to the Service or device passcodes). If you leave your mobile device unattended, or if it is lost or stolen, you understand that your personal information may be accessible to others. By providing your phone number to AllClear, you expressly consent to AllClear calling or texting you at this phone number—in person or through an automated system.

7.4.    You shall not create, post, store or share any content that (a) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent; (b) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law; (c) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of AllClear or any third party; (d) impersonates or misrepresents your affiliation with any person or entity; (e) contains any unsolicited promotions, political campaigning, advertising or solicitations; (f) contains any private or personal information of a third party without such third party’s consent; (g) contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or (h) in our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Service, or may expose AllClear or others to any harm or liability of any type.

8.    FEES AND PURCHASE TERMS; AUTOMATICALLY RENEWING SUBSCRIPTIONS

8.1.    Defined Terms.
(a) “Billing Period” is the interval of time between each recurring billing date and corresponds to the term of your subscription, which may be measured in days, weeks, or months. If you sign-up for a subscription to the Service, your subscription term will be indicated at the time of sign-up.
(b) “day” or “date” begins at 12:00 a.m. Eastern time and ends at 11:59 p.m. Eastern time of that same calendar day.

8.2.    Service Tiers and Other Offerings. When purchasing your subscription to the Service, you may be presented with different plans or options (each a “Service Tier”). Different Service Tiers or other offerings, such as add-ons, may be subject to differences in pricing, usage rules, eligibility, restrictions, features, and availability, as indicated at the time of sign-up.

8.3.    Free Trials and Promotions. Your subscription to the Service may begin with a free trial or promotional pricing. Availability of a free trial or promotional pricing is not guaranteed and, if one is available, is only available on the specified terms of the free trial or promotion. Eligibility for free trials or promotions may vary and certain limitations may also exist with respect to combining free trials with any other offers.

(a) Free Trials. If your subscription begins with a free trial, your first payment will be charged to your chosen payment method immediately following the end of the free trial, unless canceled in accordance with the instructions for cancellation below. You can cancel your subscription without being charged at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun, unless required by law in particular instances or jurisdictions.

(b) Promotions. We may also offer, in our sole discretion, promotions (e.g., promotional pricing or bundled add-ons) subject to promotional terms disclosed during your sign-up or in other materials provided to you. We will begin billing the same payment method we otherwise have on-file for your subscription at the then-current, non-promotional price after your promotion ends, unless you cancel prior to the end of your promotion or unless otherwise disclosed.

8.4.    Subscriptions Automatically Renew. Your subscription to the Service includes enrollment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period, unless canceled in accordance with the instructions for cancellation below. You agree that you must cancel your subscription, as set out in Section 8.6 below, to avoid being charged for your next Billing Period. Payment will be charged to your chosen payment method. If indicated in the checkout flow, charges for the Service or an add-on may be prorated (e.g., for a partial month). You acknowledge that the timing of when you are billed may vary, including if your subscription began on a day not contained in a given month (e.g., if you have a monthly subscription and became a paying subscriber on March 31, your payment method would be billed next on April 30), due to free trials and other promotional offers, or if you make changes to your Service Tier or payment method. 

8.5.    Price Changes. We reserve the right at any time to change our prices, refund policy, and billing methods, subject to any obligations to provide notice of such changes under applicable law. If you do not wish to accept a price change, you may cancel your subscription as described in Section 8.6. If you do not timely cancel your subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes.

8.6.    Canceling Your Subscription. You can cancel your subscription at any time before the end of the then-current free trial or billing period. Cancellation will take effect at the end of the then-current billing period or free trial period, as applicable, unless otherwise disclosed. If you cancel, then except as set forth in Section 8.8 below, you will continue to have access to the Service through the end of your then-current billing period, unless you are subscribed through a free trial or promotion, in which case cancellation may be effective immediately. You will have access to your information stored in the Service as specified in Section 8.7 below. If you modify your subscription to switch from one Service Tier to another Service Tier during your billing period, you may not have continued access to your original Service Tier. You must cancel your subscription prior to 11:59 p.m. Eastern time on the day before your next recurring billing date in order to avoid being charged for the next billing period. We do not provide a refund or credit for partially used billing periods, although we may provide such refunds or credits on a case-by-case basis in our sole and absolute discretion. To cancel your subscription to the Service, log into your account and follow the instructions on your account page. If you subscribed via a third party (e.g., the Apple App Store or Google Play), please use your device’s native subscription management for cancellation or if you need assistance, contact support@healthbankone.com for instructions on how to cancel.

8.7.    Data Retention Following Termination of Your Subscription.  Upon termination of your subscription, we will retain your personal data and any other information provided through our services in accordance with our data retention policies. During this period, your data will be stored securely and may be accessed or retrieved by you upon request, subject to the terms of this Agreement. After the expiration of the retention period, we will permanently delete or anonymize your personal data in accordance with our data deletion policy, unless we are required by law or a contract with the payor of your account, to retain it for a longer period. In certain cases, such as ongoing legal matters, disputes, or regulatory requirements, we may retain your data for a longer period as necessary to fulfill our obligations under applicable laws. You may request the deletion of your data before the end of the retention period by contacting our support team. Such requests will be processed in accordance with our data deletion procedures, subject to any legal or regulatory requirements that may necessitate retaining the data. If you request a deletion of your data, we will be unable to automatically restore your account if you later change your mind and wish to reenroll in the Service. We implement appropriate technical and organizational measures to ensure that your personal data is protected against unauthorized access, alteration, or deletion during the retention period.

8.8.    California Users: Rescinding Your Contract with Us. If you are a resident of California, provided that no more than three (3) business days have elapsed since you signed up for your subscription, you may also rescind your agreement with us and seek a refund. Specifically, if you are a California resident, you may cancel your agreement without penalty or obligation, at any time prior to midnight of the third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement and receive a refund, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice must be emailed to support@healthbankone.com or mailed to AllClear ID Health, Inc., Attn: Legal Department, 9600 Escarpment Blvd., Suite 745, #225, Austin, TX 78749. Note, if you cancel your agreement pursuant to the instructions in this section, we may terminate your access to the Service upon receipt of your cancellation notice.

8.9.    Payment Methods. Unless you sign up through an App Store (as described in Section 8.9 below), you must provide us with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal or other account of a payment method (“Payment Method”) as a condition to signing up for the Service. Your agreement with the provider of the Payment Method governs your use of the designated credit card or PayPal account, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities with respect to the Payment Method. By providing us with your credit card number or PayPal account and associated payment information, you agree that we are authorized to immediately charge your Payment Method for all fees and charges due and payable to us hereunder, including any applicable taxes, and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card or PayPal account used for payment hereunder. We may also update your credit card details, such as your “valid thru” date, account number, or other Payment Method information using information provided by our Third Party Payment Service Providers. Following any such update, you authorize us to continue to charge the applicable method of payment. In the event of a failed attempt to charge to your Payment Method (e.g., if your Payment Method has expired), we reserve the right to retry billing your Payment Method. If we do not receive payment from your Payment Method for whatever reason, (a) you agree to pay all amounts due on your Account upon demand, and/or (b) you agree that we may either terminate or suspend your subscription and continue to attempt to charge your Payment Method for purchased Services until payment is received (and upon receipt of payment, your Account will be activated and, for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). You will remain responsible for any amounts you fail to pay in connection with your subscription or any add-ons, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. You also agree that we may charge your payment method on file if you decide to restart your subscription.

8.10.    Subscriptions Obtained Through Third Parties. If you obtain a Health Bank One subscription via a third party application store (e.g., the Apple App Store or Google Play) (each, an “App Store”), that subscription is also subject to the third party’s terms, and the provisions in this Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Agreement conflicts with the applicable third party’s terms regarding subscription purchase, billing, cancellation/refunds and payments. For subscriptions obtained via a third party App Store, your billing relationship will be directly with the applicable third party App Store. Any fees charged for your subscription to the Service will be billed by the applicable third party App Store using the payment information you have provided to such third party App Store. To cancel a subscription to the Service obtained via a third party App Store, please follow the cancellation instructions set out by the applicable third party App Store or contact support@healthbankone.com for assistance.

8.11.    Add-Ons. We may from time to time offer add-ons to Health Bank One subscriptions, such as specialized coaching sessions. Add-ons may be subscriptions or may be offered on as a one-time purchase, subject to the terms disclosed during your sign-up for such add-on or in other materials provided to you regarding such add-on.

8.12.    Taxes. For purposes of this section, “Sales Tax” means any state and local sales or use tax, value-added tax, levies, duties, or and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. Prices displayed exclude taxes. If any Service, or payments for any Service, under the Agreement are subject to any Sales Tax in any jurisdiction and we have not charged the applicable Sales Tax, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. You agree to make all payments of fees to us free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to us will be your sole responsibility. Upon subscription renewal, tax is subject to change in accordance with the prevailing tax rates, determined by the subscriber’s provided billing or home address.

8.13.    Refund Policy. California residents may cancel their contract and seek a refund pursuant to, and consistent with, the instructions set out in Section 8.7 herein. In all other instances, all fees and charges assessed by us are non-refundable except as expressly promoted by AllClear ID and to the extent that you qualify for such promotion.

9.    Privacy
Please refer to our Privacy Policy for information about how we collect, use, and share personally identifiable information about individual users of Health Bank One.  

10.    Feedback
If and to the extent you provide any comments, suggestions, ideas, enhancement requests, recommendations or other feedback in connection with the Service (collectively, “Feedback”), you hereby grant us a royalty-free, irrevocable, perpetual, transferrable, sublicensable license to use and incorporate such Feedback into the Service and to otherwise use such Feedback for any other reason as we see fit without consent, obligation or compensation to you.

11.    WARRANTIES; DISCLAIMER

11.1.    WARRANTIES. YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY POWER AND LEGAL AUTHORITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR AS A LEGAL GUARDIAN OF SOMEONE ELSE, AND THAT YOU OWN ALL OF THE LEGAL RIGHTS TO THE INFORMATION YOU PROVIDE AND GRANT THE RIGHTS AND LICENSES GRANTED HEREIN; AND ALL INFORMATION THAT YOU PROVIDE TO ALLCLEAR OR ITS EMPLOYEES AND/OR AFFILIATES IS ACCURATE, COMPLETE AND TRUE WHEN PROVIDED.

11.2.    YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALLCLEAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. ALLCLEAR MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, RELIABLE, TIMELY, SECURE OR ERROR FREE. ALLCLEAR WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE TO OBTAIN HEALTH INFORMATION, LOSS OF HEALTH INFORMATION OR PERSONALIZED SETTINGS, OR SERVICE INTERRUPTIONS. WHILE ALLCLEAR ENDEAVORS TO MAKE YOUR USE OF THE SERVICE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR SERVERS UPON WHICH THE SERVICE IS HOSTED ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ALLCLEAR, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. FEATURES AND SPECIFICATIONS OF PRODUCTS OR SERVICES DESCRIBED OR DEPICTED AS PART OF THE SERVICE ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR NOTICE. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE.

12.    LIMITATION OF LIABILITY

12.1.    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALLCLEAR AND THE OTHER ALLCLEAR PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY, WARRANTY OR OTHERWISE) FOR ANY INDIRECT CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF ALLCLEAR OR THE OTHER ALLCLEAR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2.    THE TOTAL LIABILITY OF ALLCLEAR AND THE OTHER ALLCLEAR PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO $100.

12.3.    THE LIMITATIONS SET FORTH IN THIS SECTION 12 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR ANY MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN LIMITATIONS OR EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.

12.4.    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE ALLCLEAR AND THE OTHER ALLCLEAR PARTIES FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS AND/OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING WITHOUT LIMITATION CLAIMS OF NEGLIGENCE) ARISING OUT OF OR RELATED TO DISPUTES BETWEEN USES AND THE ACTS OR OMISSIONS OF THIRD PARTIES. IF YOU ARE A CONSUMER WHO RESIDES IN CALIFORNIA, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE § 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

13.    Indemnification

To the fullest extent permitted by applicable law, you hereby agree to indemnify, defend and hold harmless AllClear and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “AllClear Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Service; (b) Your Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including without limitation intellectual property rights or privacy rights); or (e) your conduct in connection with the Service. You agree to promptly notify AllClear Parties of any third-party Claims, cooperate with AllClear Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including without limitation attorneys’ fees). You also agree that, at AllClear’s option, the AllClear Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and AllClear or the other AllClear Parties.

14.    Dispute Resolution; Binding Arbitration

PLEASE READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH ALLCLEAR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ALLCLEAR, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.

14.1.    NO REPRESENTATIVE ACTIONS. YOU AND ALLCLEAR AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE IS PERSONAL TO YOU AND ALLCLEAR AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ACTION, AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OR REPRESENTATIVE PROCEEDING.

14.2.    ARBITRATION OF DISPUTES. EXCEPT FOR SMALL CLAIMS DISPUTES IN WHICH YOU OR ALLCLEAR SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT LOCATED IN THE COUNTY OF YOUR BILLING ADDRESS OR DISPUTES IN WHICH YOU OR ALLCLEAR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY, YOU AND ALLCLEAR EACH WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE. INSTEAD, FOR ANY DISPUTE THAT YOU HAVE AGAINST ALLCLEAR, YOU AGREE TO FIRST CONTACT ALLCLEAR AND RESOLVE THE DISPUTE INFORMALLY BY SENDING WRITTEN NOTICE OF YOUR CLAIM TO ALLCLEAR BY EMAIL AT

LEGAL@HEALTHBANKONE.COM OR BY CERTIFIED MAIL ADDRESSED TO HEALTHBANKONE, 9600 ESCARPMENT BLVD., SUITE 745, #225, AUSTIN, TX 78749. THE NOTICE MUST (A) INCLUDE YOUR NAME, RESIDENTIAL ADDRESS, EMAIL ADDRESS AND TELEPHONE NUMBER; (B) DESCRIBE THE NATURE AND BASIS OF THE DISPUTE; AND (C) SET FORTH THE SPECIFIC RELIEF SOUGHT. OUR NOTICE TO YOU WILL BE SIMILAR IN FORM TO THAT DESCRIBED ABOVE. IF YOU AND ALLCLEAR CANNOT REACH AN AGREEMENT TO RESOLVE THE DISPUTE WITHIN THIRTY (30) DAYS AFTER SUCH NOTICE IS RECEIVED, THEN EITHER PARTY MAY SUBMIT THE DISPUTE TO BINDING ARBITRATION ADMINISTERED BY JAMS OR, UNDER THE LIMITED EXCEPTIONS EXPRESSLY DESCRIBED IN THESE TERMS, IN COURT. ALL DISPUTES SUBMITTED TO JAMS WILL BE RESOLVED THROUGH CONFIDENTIAL, BINDING ARBITRATION. ARBITRATION PROCEEDINGS WILL BE HELD IN AUSTIN, TEXAS UNLESS AUSTIN, TEXAS AS VENUE IS PROHIBITED UNDER APPLICABLE LAW. YOU AND ALLCLEAR AGREE THAT DISPUTES WILL BE ARBITRATED AND RESOLVED IN ACCORDANCE WITH THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES (“JAMS RULES”). THE MOST RECENT VERSION OF THE JAMS RULES ARE ON THE JAMS WEBSITE AND ARE HEREBY INCORPORATED INTO THESE TERMS BY REFERENCE. YOU EITHER ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE JAMS RULES OR WAIVE YOUR OPPORTUNITY TO READ THE JAMS RULES AND WAIVE ANY CLAIM THAT THE JAMS RULES ARE UNFAIR OR SHOULD NOT APPLY FOR ANY REASON.

14.3.    YOU AND ALLCLEAR AGREE THAT THESE TERMS AFFECT INTERSTATE COMMERCE AND THAT THE ENFORCEABILITY OF THIS SECTION 13 WILL BE SUBSTANTIVELY AND PROCEDURALLY GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1, ET SEQ. (THE “FAA”), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. AS LIMITED BY THE FAA, THESE TERMS AND THE JAMS RULES, THE ARBITRATOR WILL HAVE EXCLUSIVE AUTHORITY TO MAKE ALL PROCEDURAL AND SUBSTANTIVE DECISIONS REGARDING ANY DISPUTE AND TO GRANT ANY REMEDY THAT WOULD OTHERWISE BE AVAILABLE IN COURT, INCLUDING WITHOUT LIMITATION THE POWER TO DETERMINE THE QUESTION OF ARBITRABILITY. THE ARBITRATOR MAY CONDUCT ONLY AN INDIVIDUAL ARBITRATION AND MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL’S CLAIMS, PRESIDE OVER ANY TYPE OF CLASS OR REPRESENTATIVE PROCEEDING OR PRESIDE OVER ANY PROCEEDING INVOLVING MORE THAN ONE INDIVIDUAL.

14.4.    THE ARBITRATION WILL ALLOW FOR THE DISCOVERY OR EXCHANGE OF NON-PRIVILEGED INFORMATION RELEVANT TO THE DISPUTE. THE ARBITRATOR, ALLCLEAR AND YOU WILL ALL MAINTAIN THE CONFIDENTIALITY OF ANY AND ALL ARBITRATION PROCEEDINGS, JUDGMENTS AND AWARDS, INCLUDING WITHOUT LIMITATION INFORMATION GATHERED, PREPARED AND PRESENTED FOR PURPOSES OF THE ARBITRATION OR RELATED TO THE DISPUTE(S) THEREIN. THE ARBITRATOR WILL HAVE AUTHORITY TO MAKE APPROPRIATE RULINGS TO SAFEGUARD CONFIDENTIALITY, UNLESS APPLICABLE LAW PROVIDES TO THE CONTRARY. THE DUTY OF CONFIDENTIALITY DOES NOT APPLY TO THE EXTENT THAT DISCLOSURE IS NECESSARY TO PREPARE FOR A PRELIMINARY REMEDY OR IN CONNECTION WITH A JUDICIAL CHALLENGE TO AN ARBITRATION AWARD OR ITS ENFORCEMENT, OR TO THE EXTENT THAT DISCLOSURE IS OTHERWISE REQUIRED BY LAW OR JUDICIAL DECISION.

14.5.    YOU AND ALLCLEAR AGREE THAT FOR ANY ARBITRATION YOU INITIATE, YOU WILL PAY THE FILING FEE (UP TO A MAXIMUM OF $250 IF YOU ARE A CONSUMER) AND ALLCLEAR WILL PAY THE REMAINING JAMS FEES AND COSTS. FOR ANY ARBITRATION INITIATED BY ALLCLEAR, ALLCLEAR WILL PAY ALL JAMS FEES AND COSTS. YOU AND ALLCLEAR AGREE THAT THE STATE OF FEDERAL COURTS OF THE STATE OF TEXAS AND THE UNITED STATES SITTING IN AUSTIN, TEXAS HAVE EXCLUSIVE JURISDICTION OVER ANY APPEALS AND THE ENFORCEMENT OF AN ARBITRATION AWARD.

14.6.    ANY CLAIM YOU WISH TO ASSERT AGAINST ALLCLEAR OR ANOTHER ALLCLEAR PARTY MUST BE FILED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION UNDERLYING SUCH CLAIM FIRST AROSE; OTHERWISE THE DISPUTE IS PERMANENTLY BARRED, WHICH MEANS THAT YOU WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM IF YOU FAIL TO NOTIFY ALLCLEAR OF THE DISPUTE WITHIN SUCH TIME PERIOD.

14.7.    IF ANY PORTION OF THIS SECTION 13 IS FOUND TO BE UNENFORCEABLE OR UNLAWFUL FOR ANY REASON, (A) THE UNENFORCEABLE OR UNLAWFUL PROVISION SHALL BE SEVERED FROM THESE TERMS; (B) SEVERANCE OF THE UNENFORCEABLE OR UNLAWFUL PROVISION SHALL HAVE NO IMPACT WHATSOEVER ON THE REMAINDER OF THIS SECTION 13 OR THE PARTIES’ ABILITY TO COMPEL ARBITRATION OF ANY REMAINING CLAIMS ON AN INDIVIDUAL BASIS PURSUANT TO THIS SECTION 13; AND (C) TO THE EXTENT ANY CLAIMS MUST THEREFORE PROCEED ON A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE BASIS, SUCH CLAIMS MUST BE LITIGATED IN A CIVIL COURT OF COMPETENT JURISDICTION AND NOT IN ARBITRATION, AND YOU AGREE THAT LITIGATION OF THOSE CLAIMS SHALL BE STAYED PENDING THE OUTCOME OF ANY INDIVIDUAL CLAIMS IN ARBITRATION. FURTHER, IF ANY PART OF THIS SECTION 13 IS FOUND TO PROHIBIT AN INDIVIDUAL CLAIM SEEKING PUBLIC INJUNCTIVE RELIEF, THAT PROVISION WILL HAVE NO EFFECT TO THE EXTENT SUCH RELIEF IS ALLOWED TO BE SOUGHT OUT OF ARBITRATION, AND THE REMAINDER OF THIS SECTION 13 WILL BE ENFORCEABLE.

15.    Governing Law and Jurisdiction
The Service is offered solely in the United States and may be accessed solely from the United States. Except to the extent preempted by United States federal law, any Dispute arising from these Terms or your use of the Service will be governed by and construed and enforced in accordance with the laws of the State of Texas, without regard to conflict of law rules or principles (whether of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Texas and the United States, respectively, sitting in Austin, Texas.

16.    CLASS ACTION AND JURY TRIAL WAIVER
YOU AND ALLCLEAR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. YOU AGREE THAT, BY USING THE SERVICE AND THEREBY ACCEPTING THESE TERMS, YOU AND ALLCLEAR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

17.    Compliance with Laws
You may not export or otherwise access or use the Service except as expressly authorized by United States (“U.S.”) law and the laws of the jurisdiction in which the Service is hosted or where you use the Service. In particular, but without limitation, the Service may not be (a) exported or re-exported into any countries that are subject to U.S. economic sanctions or (b) provided to or used by anyone on the U.S. Department of the Treasury’s lists of Foreign Sanctions Evaders or Specially Designated Nationals or the U.S. Department of Commerce Denied Persons, Unverified or Entity lists. By using Health Bank One, you represent and warrant that you are not located in any such country or on any such list, and shall not use the Service, or provide access to or use of the Service to anyone, in any such country. In addition, you are responsible for compliance with applicable export control, economic sanctions and related laws when you travel across international borders and access Your Content.