Please read these Terms of Service (the “Terms“) and our Privacy Policy(“Privacy Policy“) carefully because they govern your use of the website located at www.tonohealth.com (the “Site“) and virtual medical care and coordination of related in-person services accessible via the Site offered by Tono, Inc. (“Tono“, “we“, or “us“). To make these Terms easier to read, the Site and our services are collectively called the “Services.“

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND TONO THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 21 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.THE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.

1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services.

2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.

3. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we'll let you know by posting the updated Terms on the Site with a revised “Last Updated“ date at the top and/or may also send other communications. It's important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don't agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

4. Who May Use the Services?

You may use the Services only if you are at least 13 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from using the Services under applicable law. If you are over 13 years of age but under the age of majority in your respective jurisdiction, you hereby represent and warrant that your parent or legal guardian has read these Terms, and accepts them on your behalf. Parents and legal guardians are responsible for the acts of their minor children when using the Services, whether or not the parent or guardian has authorized such acts.

5. Your Relationship with Tono

Tono is a technology company that makes available certain products and services to enable virtual delivery of medical care and coordination of related in-person services. In connection with the Services, Tono provides certain technological and other administrative support for medical groups, including Tono Medical Services, P.C. and other medical practices (together, the “Medical Groups“) that employ or contract with physicians and healthcare professionals (“Providers“).

Tono acts solely as a technology platform to provide you with products and services offered through the Services, including connecting you with Medical Groups and the Providers. We do not control or interfere with the practice of medicine by Medical Groups or any Providers, each of whom is solely responsible for the medical care and treatment he or she provides to you. By accepting these Terms, you acknowledge and agree that Tono is not a healthcare provider and that by using the Services, you are not entering into a doctor-patient or other healthcare provider-patient relationship with Tono. By using the Services, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with a Medical Group and/or one or more Providers.

By accepting the Terms, you understand that, Medical Groups and/or Providers may send you messages, reports, and emails via the Services regarding your diagnosis and/or treatment. You further understand and agree that it is your responsibility to monitor and respond to these messages, reports, and emails and that neither Tono nor the Medical Group or any Provider will be responsible in any way, and you will not hold Tono, any Medical Group or any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Medical Group or your Provider(s).

While you are not establishing a doctor-patient or other health care provider-patient relationship with Tono, by using the Services, you are establishing a direct customer relationship with Tono to use the products and services made available through the Services. In connection with such relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy.

6. Consent to Treat

You consent to receive medical care, including diagnosis, consultation, and/or treatment, from the Providers using remote, electronic communications, such as interactive chat, audio, and/or video communications enabled through the Site and our Services. You agree to be treated via a virtual visit with a physician or other medical provider (i.e., not an in-person visit) and understand that there are inherent risks and limitations associated with a virtual visit with a physician or other medical provider, including, but not limited to, risks and limitations arising from such physician's or medical provider's ability, or inability, to comprehensively assess and accurately diagnose illness, injury, disease, or other medical issues using remote, electronic communications.

7. Limited Use and Availability

Our Services are currently only available to individuals who are located in New York. In order to use the Service, you must be located in New York. Our Services may be subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.

In some cases, the Services may not be the most appropriate way for you to track or manage your health and wellness, or provide information to, communicate with or seek medical care and treatment from a healthcare provider. For example, certain medical conditions may require an in-person procedure or a healthcare provider other than your Provider, or your Provider may determine that your diagnosis and/or treatment require an in-person office visit or are otherwise not appropriately addressed through use of the Services. In such a case, you may receive notification that you will be unable to use the Service for the particular issue you submitted and be provided with additional information regarding next steps.

8. Feedback. We appreciate feedback, comments, testimonials, ideas, proposals and suggestions for improvements to the Services (“Feedback“). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you. Tono will not publish your name or other identifying information in connection with any testimonial unless you have given us your prior approval. Tono may republish any publicly available review, comment, or testimonial about Tono or the Services on the Site or in other media.

9. One-Time Payments and Subscriptions. Tono requires payment of a fee for use of the Services (or certain portions thereof) and you agree to pay such fees. You shall purchase a subscription (“Subscription“) and as necessary make one-time payments (e.g. for additional labs, pharmacy services/shipments, specialist visits, or visits with Providers outside your initial care team) (each a “One-Time Payment“) for such use.

1. General. Whether you make a One-Time Payment or purchase a Subscription (each, a “Transaction“), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information“). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars. In certain situations, your health plan may cover all or a portion of your use of the Services. Subject to the terms of any written agreement between Tono and the health plan, you may authorize us to bill for the Services on your behalf and share necessary information with the health plan to process payments. In the event that your health plan covers Tono Services and makes payment to Tono for a given Transaction, your payment obligation for such Transaction will be reduced by the amount your health plan actually paid to Tono. You shall be responsible for any fees that your health plan does not cover, such as copays, deductibles, and coinsurance. We may ask you to provide insurance information, including your insurer, ID number, RxBin number, and RxPCN number.

2. Subscriptions. You Subscription term will be three (3) months, and will automatically renew at the end of each Subscription term unless you cancel your Subscription as set forth below in Section 8(c). If you purchase a Subscription, you will be charged a monthly Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee“), at the beginning of your Subscription and each month thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE TONO TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month on the day of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. No less than fifteen (15) days and no more than thirty (30) days before your Subscription term ends, or otherwise in accordance with applicable law, Tono will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Tono. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.

3. Cancelling One-Time Payment or Subscription. With regard to all Transactions, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we'll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription term. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION TERM AT THE TIME OF CANCELLATION. To cancel, you can send an email to support@tonohealth.com or cancel via the account management page of the Site. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription term. If you cancel, your right to use the Services will continue until the end of your then current Subscription term and will then terminate without further charges.

10. Pharmacy Services. If you receive a prescription as a result of the Services, you may select a pharmacy that is either owned by Tono or a partner of Tono (collectively, the “Tono Pharmacies“) to ship your prescription. You give us consent to send and disclose to the Tono Pharmacies all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services. You may have the opportunity to select pharmacy services that involve the administration of at-home medications, and if you select this option, you agree to receive such at-home pharmacy services as directed by your Provider from the Tono Pharmacies or their partners. You acknowledge and agree that your Subscription Fee does not include the cost of any pharmacy services provided by the Tono Pharmacies and that Tono is not responsible for any such costs. If you elect to use the Tono Pharmacies to fulfill any prescriptions provided by Providers through the Services, you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.

11. Laboratory Testing. Your Providers may periodically request laboratory testing (e.g. bloodwork) to be collected and/or performed by a Tono partner (“Tono Lab Partner“). Your lab sample will be collected, processed, and tested by one or more Tono Lab Partners. You acknowledge and agree that your Subscription Fee does not include the cost of any laboratory services provided by the Tono Lab Partner and that Tono is not responsible for any such costs. Your lab samples, once submitted to and analyzed by the labs, are processed in an irreversible manner and cannot be returned to you.

12. Your Content. 1. User Content. Our Services may allow you to submit, store, or share information, data, or content such as text (in posts or communications with Providers or others), files, assessments, self-report measures, lab samples, laboratory results, prescriptions and pharmaceutical documents, medical records, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content.“ Tono does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. 2. Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Tono a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content, as allowed under the applicable laws, in connection with operating, improving and providing the Services. 3. Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Tono on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 4. Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. Even upon termination of your account, Tono will retain and maintain your medical records, which will not be removed from the Tono system/platform. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. 5. Tono's Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content. Subject to your ongoing compliance with these Terms, Tono grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use for lawful purposes. Except and solely to the extent permitted by applicable law notwithstanding these restrictions, you may not: (i) reproduce, distribute, publicly display, or publicly perform the Service or any part thereof; (ii) reverse engineer, decompile, or make modifications to the Service or any part thereof; or (iii) interfere with or circumvent any feature of the Service or any part thereof, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

13. Service Text Messages. If you provide your cellular phone number to Tono (either online or via text message) and agree to receive communications from Tono, you specifically authorize Tono to send text messages or calls to your phone related to Services. You are not required to consent to receive text messages or calls, but if you chose to opt out of these communications, you may be unable to access certain features. You can opt out of receiving text messages by responding “STOP“ to any text message you receive from Tono.

14. General Prohibitions and Tono's Enforcement Rights. Your agree to not do any of the following:

1. Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
2. Use, display, mirror or frame the Services or any individual element within the Services, Tono's name, any Tono trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Tono's express written consent;
3. Access, tamper with, or use non-public areas of the Services, Tono's computer systems, or the technical delivery systems of Tono's providers;
4. Attempt to probe, scan or test the vulnerability of any Tono system or network or breach any security or authentication measures;
5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Tono or any of Tono's providers or any other third party (including another user) to protect the Services;
6. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Tono or other generally available third-party web browsers;
7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
8. Use any meta tags or other hidden text or metadata utilizing a Tono trademark, logo URL or product name without Tono's express written consent;
9. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
13. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
14. Impersonate or misrepresent your affiliation with any person or entity;
15. Stalk or harass any Tono employee or Provider either through or outside your use of the Services;
16. Report false or fictitious emergencies, whether relating to yourself or others;
17. Violate any applicable law or regulation; or
18. Encourage or enable any other individual to do any of the foregoing.

Tono is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

15. DMCA/Copyright Policy. Tono respects copyright law and expects its users to do the same. It is Tono's policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Tono's Copyright and IP Policy at here, for further information.

16. Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

17. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at support@tonohealth.com or canceling via the account management page of the Site, whereupon Tono will remove your access to the Tono platform and Services, and Tono will cease proactively contacting you. However, Tono will retain and maintain your medical records on the Tono system/platform. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 8(a), 8(b), 8(c) (only for payments due and owing to Tono prior to the termination), 11(b), 11(c), 11(e), 12, 16, 17, 18, 19, 20, 21 and 22.

18. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,“ WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

19. Indemnity. You will indemnify and hold Tono and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.

20. Limitation of Liability

1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TONO NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TONO OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TONO'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO TONO FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TONO, AS APPLICABLE.
3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TONO AND YOU.

21. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 21 “Dispute Resolution,“ the exclusive jurisdiction for all Disputes (defined below) that you and Tono are not required to arbitrate will be the state and federal courts located in New York County, and you and Tono each waive any objection to jurisdiction and venue in such courts.

22. Dispute Resolution

1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes“) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Tono agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Tono are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

2. Exceptions. As limited exceptions to Section 21(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA“) under its Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

4. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won't seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we'll pay all of our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.

5. Injunctive and Declaratory Relief. Except as provided in Section 21(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

6. Class Action Waiver. YOU AND TONO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

7. Severability. With the exception of any of the provisions in Section 21(f) of these Terms (“Class Action Waiver“), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

23. General Terms.

1. Reservation of Rights. Tono and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
2. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Tono and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Tono and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Tono's prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Tono may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
3. Notices. Any notices or other communications provided by Tono under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
4. Waiver of Rights. Tono's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tono. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

24. Contact Information. If you have any questions about these Terms or the Services, please contact Tono at info@tonohealth.com.