Dispute Resolution. We will try to work in good faith to resolve any issue you have with the Website or App, including without limitation, Products and Services ordered or purchased through the Website or App, if you bring that issue promptly to the attention of our customer service department. However, we recognize there may be cases in which we may not be able to resolve an issue to a customer’s satisfaction. You and PsychNow agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Website and/or App, including without limitation, Products and Services ordered or purchased through the Website and/or App, shall be adjudicated and determined in accordance with the laws of the State of California, without consideration of any choice of law or conflict of law principles. YOU AND PSYCHNOW AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION AS SET FORTH BELOW. THIS WILL PROHIBIT YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR CONSOLIDATED ACTION AGAINST PSYCHNOW, AND WILL ALSO PROHIBIT YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE SUCH ACTIONS BROUGHT AGAINST PSYCHNOW BY SOMEONE ELSE. This agreement to arbitrate (“Arbitration Agreement”) also applies to claims between you and any Providers, and such Prescribing Providers will be considered intended third-party beneficiaries of this Arbitration Agreement.

You and PsychNow agree that any dispute, claim, or controversy, whether based on past, present or future events, arising out of or relating to: these Terms of Use and prior versions thereof (including the breach, termination, enforcement, interpretation, or validity thereof); the Website and/or App; any content currently or previously available on or through the Website and/or App; any Products or Services; your relationship with PsychNow; your user data; the threatened or actual suspension, deactivation, or termination of your User Account; payments made by you or any payments made or allegedly owed to you; any promotions, benefits, or other offers; and any other federal and state statutory and/or common-law claims (collectively, “Disputes”) will be resolved by binding arbitration in accordance with the below, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction (which shall be exclusively in the state or federal courts located in Chicago, IL, to which you waive any objection based on the absence of personal or subject-matter jurisdiction) to prevent the actual or threatened infringement, misappropriation, or violation of a party’s data or copyrights, trademarks, trade secrets, patents or other intellectual property rights. All disputes concerning the arbitrability of any Disputes (including disputes about the scope, applicability, enforceability, legality, revocability, or validity of the Arbitration Agreement) will be decided by the arbitrator, except as expressly provided herein.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND PSYCHNOW ARE EACH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ANY AND ALL DISPUTES, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU AND PSYCHNOW ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS, COLLECTIVE, OR CONSOLIDATED PROCEEDING. Further, unless you and PsychNow otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, collective, consolidated, or representative proceeding.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879 or any subsequent applicable telephone number. The Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement. It is your intent that the FAA and AAA Rules will preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue will be resolved under the laws of the State of Illinois. This Agreement governs to the extent it conflicts with the AAA Rules or FAA.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration and a separate form for California residents at adr.org. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Illinois, and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Unless you and PsychNow otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and PsychNow submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s 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’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.