Effective as of 6/1/2020
The Site is owned and operated by Oakland Hills Acupuncture, with its head office in Oakland, California.
2. About this Policy
This Policy sets out the essential details relating to your personal data relationship with Oakland Hills Acupuncture (“Company”). The Policy applies to all Company services and any associated services (referred to as the “Company Service”). The terms governing your use of the Company Service are defined in our Terms and Conditions of Use (the “Terms and Conditions of Use”).
From time to time, we may develop new or offer additional services. If the introduction of these new or additional services results in any change to the way we collect or process your personal data we will provide you with more information and additional terms or policies. Unless stated otherwise when we introduce these new or additional services, they will be subject to this Policy.
The aim of this Policy is to:
- Ensure that you understand what personal data we collect about you, the reasons why we collect and use it, and who we share it with;
- Explain the way we use the personal data that you share with us; and
- Explain your rights and choices in relation to the personal data we collect and process about you and how we will protect your privacy.
We hope this helps you to understand our privacy commitments to you. For information on how to contact us if you ever have any questions or concerns, please see the “How to Contact Us” Section 14 below. Alternatively, if you do not agree with the content of this Policy, please do not access this website.
3. Your rights and your preferences
You may be aware that a new European Union law, called the General Data Protection Regulation or “GDPR” gives certain rights to individuals in relation to their personal data. As available and except as limited under applicable law, the rights afforded to individuals are:
- Right of Access – the right to be informed of and request access to the personal data we process about you;
- Right to Rectification – the right to request that we amend or update your personal data where it is inaccurate or incomplete;
- Right to Erasure – the right to request that we delete your personal data;
- Right to Restrict – the right to request that we temporarily or permanently stop processing all or some of your personal data;
- Right to Object –
- the right, at any time, to object to us processing your personal data on grounds relating to your particular situation;
- the right to object to your personal data being processed for direct marketing purposes;
- Right to Data Portability – the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and
- Right not to be subject to Automated Decision-making – the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
If we send you electronic marketing messages based on your consent or as otherwise permitted by applicable law, you may, at any time, respectively withdraw such consent or declare your objection (“opt-out”) at no cost. The electronic marketing messages you receive from Company (e.g. those sent via email) also will include an opt-out mechanism within the message itself (e.g. an unsubscribe link in the emails we send to you).
If you have any questions about your privacy, your rights, or how to exercise them, please contact us at email@example.com
4. What personal data do we collect from you?
The Company collects data to operate effectively and provide you the best experience. Most of the information we collect is information provided directly by you. We get some data through cookies (small text files that store website data on your computer). We also obtain data from third party sources, including service providers who supplement the site usage data we collect.
You have choices about the data we collect. When asked to provide personal data, you may decline. If you choose not to provide data that is necessary to certain products/features, you may not be able to use that product/feature. You may withdraw your consent to us using your personal data at any time by reaching out to us. Please refer to the contact information in Section 14 below.
The data we collect may include the following:
- Contact information – information such as name, job title, company name, department, email address, physical mailing address and telephone number
- Internet Protocol (IP) addresses – this number is identified and logged automatically whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited
- Demographic and location data
5. What do we use your personal data for?
We use information collected about you for the following purposes:
- Communications. We use data to comply with your requests, respond to your inquiries, and send you newsletters, publications or other information that you request. If you contact us by email through the Site, we may keep a record of your contact information and correspondence, and use it to respond to you. We will further use the data to fulfill any other purposes for which it was provided, and as disclosed at the time the data are collected.
- Business Operations. We may also use data to conduct data analysis or audits that enable us to operate and improve the performance of our Company and tailor our website.
- Marketing. We may contact you about certain matters that may be of interest to you.
- Services. We may also use your data to contact you from time to time with product or service updates; provide the information, services or support you request and related after-sales services; manage our relationship with you and to carry out any related administration.
6. Sharing your personal data
We may share your personal data with service providers who work on our behalf for the purposes described in this statement. Examples include companies that host our web servers, analyze data, and provide marketing assistance. These companies will have access to and may use your personal information as necessary to perform their functions (for example to help us communicate with you about our services) but they may not use that data for any other purpose and they do not have any independent right to share this information.
We also may use or disclose personal data if we believe that we are required to do so for any of the following reasons:
- to comply with applicable law or respond to requests from governmental, regulatory or public authorities;
- to protect our clients, for example to prevent spam, attempts to defraud other criminal offenses;
- to operate and maintain the security of our systems, including to prevent or stop attacks on our systems or networks;
- to protect the rights, interests, privacy, security, property, business, or safety of the Company, our partners and our people, the users of the Site, or the public;
- in connection with actual or proposed litigation.
7. Data retention and deletion
We keep your personal data only as long as necessary to provide you with the Company Service and for legitimate and essential business purposes, such as maintaining the performance of the Company Service, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. We keep some of your personal data for as long as you are a user of the Company Service.
If you request, we will delete or anonymize your personal data so that it no longer identifies you, unless we are legally allowed or required to maintain certain personal data, including situations such as the following:
- If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;
- Where we are required to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,
- Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.
8. Cookies Policy
Cookies are small text files that store website data on your computer. They are widely used in order to make websites work more efficiently, as well as to help collect data. A cookie makes your next visit to the website easier if you are using the same PC, laptop, tablet or mobile phone and the same internet browser. To find out more about cookies, including how to see what cookies have been set, visit www.aboutcookies.org or www.allaboutcookies.org.
- Statistics cookies that help us understand how visitors interact with websites by collecting and reporting information anonymously. These cookies include:
- _ga: Registers a unique ID that is used to generate statistical data on how the visitor uses the website.
- _gat: Used by Google Analytics to throttle request rate.
- _gid: Registers a unique ID that is used to generate statistical data on how the visitor uses the website.
- Collect: Used to send data to Google Analytics about the visitor’s device and behavior. Tracks the visitor across devices and marketing channels.
- Marketing cookies that track visitors across websites with the intention to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers. These cookies include:
- _fpb: Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers.
- Fr: Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers.
- r/collect: This cookie is used to send data to Google Analytics about the visitor’s device and behavior. It tracks the visitor across devices and marketing channels.
- Tr: Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers.
Company does not use any other third-party cookies. If you share a page through the social media buttons (Facebook, LinkedIn, etc.), you must then login on the relevant social media channel and approve the terms and conditions of that channel.
You can adjust your cookie settings or delete cookies using your internet browser. Please
consult the help function on your internet browser or visit www.aboutcookies.org where the procedure for controlling cookies in most browsers is explained step by step. If you choose to block cookies, please note that this may mean that the website no longer functions properly.
9. Transfer to other countries
The Company may share your personal data in your region, in the United States, and in any other country where the Company or its affiliates, or service providers operates facilities. The Company may also subcontract processing to, or share your personal data with, third parties located in countries other than your home country. Your personal data, therefore, may be subject to privacy laws that are different from those in your country of residence.
Personal data collected within the European Union and Switzerland may, for example, be transferred to and processed by third parties located in a country outside of the European Union and Switzerland. In such instances Company shall ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organizational measures are in place such as the Standard Contractual Clauses approved by the EU Commission.
For further details of the security measures we use to protect your personal data, please see the ‘Keeping your personal data safe’ Section 11 of this Policy.
The Company may display advertisements from third parties and other content that links to third-party websites. We cannot control or be held responsible for third parties’ privacy practices and content. If you click on a third-party advertisement or link, please understand that you are leaving the Company Service and any personal data you provide will not be covered by this Policy. Please read their privacy policies to find out how they collect and process your personal data.
11. Keeping your personal data safe
We are committed to protecting our users’ personal data. We implement appropriate technical and organizational measures to help protect the security of your personal data; however, please note that no system is ever completely secure. We have implemented various policies including pseudonymization, encryption, access and retention policies and secure SSL certificate scanner and daily site scanner technologies to guard against unauthorized access and unnecessary retention of personal data in our systems.
The Company Service is not directed to children under the age of 13 years. We do not knowingly collect personal data from children under 13 years or under the applicable age limit (the “Age Limit”). If you are under the Age Limit, please do not use the Company Service or this Website, and do not provide any personal data to us.
If you are a parent of a child under the Age Limit and become aware that your child has provided personal data to Company, please contact us using the information below.
If we learn that we have collected the personal data of a child under the age of 13 years, we will take reasonable steps to delete the personal data.
We may occasionally make changes to this Policy.
When we make material changes to this Policy, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice on the Website or by sending you an email. We may notify you in advance.
Please, therefore, make sure you read any such notice carefully.
14. How to contact us
Oakland Hills Acupuncture
4400 Keller Ave., Suite 250
Oakland, CA 94605
Oakland Hills Acupuncture Terms and Conditions of Use
Effective as of 6/1/2020
Thanks for choosing Oakland Hills Acupuncture (“Company”, “we”, “us”, “our”). By signing up or otherwise using the Company service and websites (together, the “Company Service” or “Service”), or accessing any content or material that is made available by Company through the Service (the “Content”) you are entering into a binding contract with Oakland Hills Acupuncture.
Please read the Agreements carefully. They cover important information about Company Services provided to you. The Agreements include information about future changes to the Agreements, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.
Any information that you provided during sign-up can be deleted by sending an email to firstname.lastname@example.org with the subject “Erase My Personal Data.”
In order to use the Company Service, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements, and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to Company is true, accurate, and complete, and you agree to keep it that way at all times.
- Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice on the Company website or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us at email@example.com.
- Rights we grant you
The Company Service is the property of Company. We grant you a limited, non-exclusive, revocable license to make use of the Company Service (the “License”). This License shall remain in effect until and unless terminated by you or Company.
All Company trademarks, service marks, trade names, logos, domain names, and any other features of the Company brand (“Company Brand Features”) are the sole property of Company or its licensors. The Agreements do not grant you any rights to use any Company Brand Features whether for commercial or non-commercial use.
You agree not to use the Company Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Company grants no right, title, or interest to you in the Company Service or Content.
- Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Company Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, and (2) to provide advertising and other information to you.
- User guidelines
Company respects intellectual property rights and expects you to do the same.
Please respect the Company and other users of the Company Service. Don’t engage in any activity, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Company or a third party;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the Company inbox;
- interferes with or in any way disrupts the Company Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Company’s computer systems, network, usage rules, or any of Company’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreements, as determined by Company.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Company account. You also agree that Company may also reclaim your username for any reason.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
- Service limitations and modifications
Company will make reasonable efforts to keep the Company Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Company reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Company Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Company Service or any function or feature thereof. You understand, agree, and accept that Company has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Company and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
- Term and termination
The Agreements will continue to apply to you until terminated by either you or Company. Company may terminate the Agreements at any time, including in the event of your actual or suspected unauthorized use of the Company Service, or non-compliance with the Agreements. If you or Company terminate the Agreements, you agree that Company shall have no liability or responsibility to you to the fullest extent permitted under applicable law. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
- Warranty and disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE COMPANY SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE COMPANY SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE COMPANY SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, COMPANY MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE COMPANY SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE COMPANY SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY ON BEHALF OF COMPANY IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
- Limitation and time for filing
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE COMPANY SERVICE TO STOP USING THE COMPANY SERVICE. WHILE COMPANY ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO COMPANY, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE COMPANY SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER COMPANY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE COMPANY SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO COMPANY DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits Company’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST COMPANY MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (14.2.1) OR FILING AN INDIVIDUAL ACTION UNDER SECTION (14.2.2) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
- Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Company, the Agreements constitute all the terms and conditions agreed upon between you and Company and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
- Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Company or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Company’s or the applicable third party beneficiary’s right to do so.
Company may assign the Agreements or any part of them, and Company may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Company harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any activity in which you engage on or through the Company Service; and (3) your violation of any law or the rights of a third party.
- Choice of law, mandatory arbitration and venue
- Governing Law / Jurisdiction
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of California, United States of America, without regard to choice or conflicts of law principles.
Further, you and Company agree to the jurisdiction of the Superior Court of the State of California, County of Alameda to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section 14.2.1.
- ARBITRATION AGREEMENT
This Arbitration Agreement applies only to users in the United States.
- Dispute resolution and arbitration
You and Company agree that any dispute, claim, or controversy between you and Company arising in connection with or relating in any way to these Agreements or to your relationship with Company (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and Company further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Notwithstanding the clause above (14.2.1), you and Company both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
- No Class Or Representative Proceedings: Class Action Waiver
YOU AND COMPANY 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 ACTION. Unless both you and Company agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award 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. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
- Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and Company will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and Company agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.
Any arbitration hearings will take place in the county (or parish) of your residence, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Company’s address for Notice is: 1940 Union St., #22, Oakland, CA 94607. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). If we do not reach an agreement to do so within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 19.1 shall govern any claim in court arising out of or related to the Agreements.
- Contact us
If you have any questions concerning the Company Service or the Agreements, please contact us.
Oakland Hills Acupuncture
1940 Union St., #22
Oakland, CA 94607