Welcome to WorkUp Health, Inc (“WorkUp”). Please read on to learn the rules and restrictions that govern your use of our website(s) and related applications and services (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Email: support@workup.health
Address: WorkUp Health, Inc., 228 Park Ave. S, PMB 57938, New York, NY, New York 10003
These Terms of Use (the “Terms”) are a binding contract between you and WORKUP HEALTH, INC. (“WorkUp,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
Please read these Terms carefully. They cover important information about Services provided to you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
YOU REPRESENT AND WARRANT THAT YOU ARE AN INDIVIDUAL OF LEGAL AGE TO FORM A BINDING CONTRACT (OR IF NOT, YOU’VE RECEIVED YOUR PARENT’S OR GUARDIAN’S PERMISSION TO USE THE SERVICES AND HAVE GOTTEN YOUR PARENT OR GUARDIAN TO AGREE TO THESE TERMS ON YOUR BEHALF).
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at www.workup.health, send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
WorkUp takes the privacy of its users very seriously. For the current WorkUp Privacy Policy, please click here.
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13 without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”), except for the limited amount of personally identifiable information we need to collect in order to obtain Parental Consent (“Required Information”). Until we have received Parental Consent, we will use Required Information only for the purpose of obtaining Parental Consent. If you are a child under 13, please do not attempt to register for or otherwise use the Services or send any personal information about yourself to us before we obtain Parental Consent, except for the Required Information in the context of the Parental Consent process. If we learn we have collected personal information other than the Required Information from a child under 13 without obtaining Parental Consent, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us with personal information (beyond the Required Information) without our obtaining Parental Consent, please contact us at support@workup.health. If you are signing up for this service and creating accounts on behalf of child under the age of 13, you, as such user’s parent or guardian, (i) acknowledge that you accept the practices and policies outlined herein and in the Privacy Policy on behalf of such user; (ii) hereby consent to our collection, use and sharing of the Personal Data of such user as described in this Privacy Policy; and (iii) represent and warrant that you are such user’s parent or guardian and have the legal authority to accept these terms, and grant such consent, on behalf of such user in compliance with applicable laws and regulations.
What are the basics of using WorkUp?
WorkUp offers students and other users who may be interested in the healthcare industry (“Students”) chances to learn more about opportunities, careers, and professional development in that field and serves as a workforce-development resource for healthcare institutions (“Healthcare Institutions”). When we use the word “you” in these Terms, it refers to any user, regardless of whether such user is a Healthcare Institution or Student, while if we use one of those specific terms, it only applies to that category of user.
Students and Healthcare Institutions are responsible for making their own determinations with respect to each other. WorkUp is responsible only for providing Students and Healthcare Institutions a platform for connecting with each other, and we can’t and won’t be responsible for making sure that any Student is a qualified candidate for any position or that any Healthcare Institution offers a suitable opportunity. WorkUp similarly can’t and won’t be responsible for ensuring that any information (including credentials) a Student or Healthcare Institution provides is accurate or up-to-date. We don’t control the actions of any Student or Healthcare Institution.
Neither Students nor Healthcare Institutions are employees, partners, representatives, agents, joint-venturers, independent contractors or franchisees of WorkUp. You hereby acknowledge that WorkUp does not supervise, direct, control, or monitor any Student or any Healthcare Institution and expressly disclaims any responsibility and liability for any interaction between Students and Healthcare Institutions, including but not limited to compliance with any law, regulation, or code.
Signing Up
You may be required to sign up for an account, select a password and user name (“WorkUp User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your WorkUp User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google, Facebook and Microsoft. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party. You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your WorkUp User ID, account or password with anyone, and you must protect the security of your WorkUp User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your WorkUp User ID and account.
Student Data
For Students, anything you post, upload, share, store, or otherwise provide through the Services is your “Student Data.” Some Student Data may be viewable by other users, including by Healthcare Institutions. You are solely responsible for all of your Student Data. You represent that all of your Student Data are accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations.
You agree that you will not post, upload, share, store, or otherwise provide through the Services any Student Data that: (i) infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contains sexually explicit content or pornography; (iii) contains hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploits minors; (v) depicts unlawful acts or extreme violence; (vi) depicts animal cruelty or extreme violence towards animals; (vii) promotes fraudulent schemes, multi-level-marketing schemes, get-rich-quick schemes, online gaming and gambling, cash gifting, or any other dubious money-making ventures; or (viii) violates any law.
Data Licenses
In order to provide the Services, you grant us certain rights in your Student Data (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to Student Data that are also your personally-identifiable information. For clarity, the following license grants to us and our users do not affect your other ownership or license rights in your Student Data, including the right to grant additional licenses to your Student Data, unless otherwise agreed in writing.
By submitting Student Data, you hereby grant and agree to grant WorkUp a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable (through multiple tiers), and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Student Data in connection with this site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites and feeds), and including after your termination of your account or the Services. You also hereby grant and agree to grant each user of this site and/or the Services (including Healthcare Institutions) a non-exclusive, perpetual license to access your Student Data through this site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Student Data, including after your termination of your account or the Services. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
If you store a Student Data in your own personal WorkUp account, in a manner that is not viewable by any other user except you (such data, “Private Student Data”), you grant WorkUp the license above, as well as a license to display, perform, and distribute your Private Student Data for the sole purpose of making that Private Student Data accessible to you and providing the Services necessary to do so.
If you share a Student Data in a manner that only certain specified users can view (e.g., a private message to one or more other users) (“Limited-Audience Student Data”), then you grant WorkUp the licenses above, as well as a license to display, perform, and distribute your Limited Audience Student Data for the sole purpose of making that Limited Audience Student Data accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience Student Data, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. You understand and agree that it may not be possible to completely delete that content from WorkUp's records, and that your Student Data may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that WorkUp, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your Student Data to conform and adapt those Student Data to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Usage Data
In connection with the Services, you may provide us (in an email or otherwise) with feedback, suggestions, improvements, enhancements, or feature requests relating to the Services (“Feedback”). Additionally, WorkUp may collect certain analytics or usage information based on your use of the Services (“Usage Data”). You hereby grant WorkUp the licenses granted above with respect to Student Data, as well as a license to display, perform, and distribute, the Feedback and Usage Data, as well as all other rights necessary to use and exercise all rights in that Feedback and Usage Data in connection with the Services. You agree that the licenses you grant are royalty-free, perpetual, sublicensable (through multiple tiers), transferable, irrevocable, and worldwide.
What about messaging?
As part of the Services, you may receive communications through the Services, including messages that WorkUp sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want WorkUp to send you information that we think may be of interest to you, which may include WorkUp using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from WorkUp, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from WorkUp. You agree to indemnify and hold WorkUp harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
Are there restrictions in how I can use the Services?
You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as that term is defined below), to the Services, or otherwise use or interact with the Services, in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Are there any terms specific to me as a Healthcare Institution?
No, Healthcare Institution may collect any information from or relating to Students (“Student Information”), whether via the Services or otherwise in any interaction with the Student about whom the Student Information pertains. Healthcare Institutions must collect, use, maintain, and transmit all Student Information in compliance with all applicable laws and with the WorkUp Privacy Policy.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including WorkUp’s) rights.The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including WorkUp’s) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that WorkUp owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
Who is responsible for what I see and do on the Services?
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person (including the Healthcare Institution) from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by WorkUp. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that WorkUp is not responsible for such risks.
WorkUp has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, WorkUp will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that WorkUp is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release WorkUp, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Will WorkUp ever change the Services?
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Do the Services cost anything?
The Services are currently free to Students, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
What if I want to stop using the Services?
You’re free to do that at any time by contacting us at support@workup.health; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
WorkUp is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. WorkUp has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms; for example, a Student who believes that a Healthcare Institution may be in breach of these Terms is not able to enforce these Terms against that Healthcare Institution.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
If you have deleted your account by mistake, contact us immediately at support@workup.health — we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
What else do I need to know?
Warranty Disclaimer. WorkUp and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (WorkUp and all such parties together, the “WorkUp Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the WorkUp Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The WorkUp Parties make no representations or warranties regarding suggestions or recommendations offered through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY WORKUP (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE WORKUP PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold the WorkUp Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
User Interactions. WorkUp is not and shall not be responsible, and hereby disclaims any liability and responsibility, for any interaction between Students and Healthcare Institutions (whether through the Services or otherwise).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without WorkUp's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with WorkUp and limits the manner in which you can seek relief from WorkUp. Both you and WorkUp acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, WorkUp's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York County, New York. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. WorkUp will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. WorkUp will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or WorkUp may assert claims, if they qualify, in small claims court in New York County, New York or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND WORKUP WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and WorkUp are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and WorkUp over whether to vacate or enforce an arbitration award, YOU AND WORKUP WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor WorkUp is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: WorkUp Health, Inc., 228 Park Ave. S, PMB 57938, New York, NY, New York 10003 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or WorkUp to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and WorkUp agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York County, New York, or the federal district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with WorkUp.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the WorkUp may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and WorkUp agree that these Terms are the complete and exclusive statement of the mutual understanding between you and WorkUp, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of WorkUp, and you do not have any authority of any kind to bind WorkUp in any respect whatsoever.
Except as expressly set forth in the section above regarding the indemnity and the arbitration agreement, you and WorkUp agree there are no third-party beneficiaries intended under these Terms.