The website located at www.medtrack.africa (the “Site”)is a copyrighted work belonging to MedTrack Technologies (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent),and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access or use the Site or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.
PLEASE BE AWARE THAT SECTION8.2 CONTAINS PROVISIONS GOVERNING HOWTO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 8.2 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 8.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 8.2 CAREFULLY.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
1. Accounts
1.1 Account Creation. In order to use certain features of the Site, you must register foran account (“Account”) and providecertain information about yourself as prompted by the account registrationform. You represent and warrant that:(a) all required registration information you submit is truthful and accurate;(b) you will maintain the accuracy of such information. Youmay delete your Account at any time, for any reason, by following the instructionson the Site. Company may suspend orterminate your Account in accordance with Section 7. 1.2 Account Responsibilities. You are responsible for maintaining theconfidentiality of your Account login information and are fully responsible forall activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, orsuspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for anyloss or damage arising from your failure to comply with the above requirements.2. Accessto the Site 2.1 License. Subject to these Terms, Company grants you anon-transferable, non-exclusive, revocable, limited license to use and accessthe Site solely for your own personal, noncommercial use.2.2 Certain Restrictions. The rights granted to you in these Terms are subject to thefollowing restrictions: (a) you shall not license, sell, rent, lease, transfer,assign, distribute, host, or otherwise commercially exploit the Site, whetherin whole or in part, or any content displayed on the Site; (b) you shall notmodify, make derivative works of, disassemble, reverse compile or reverseengineer any part of the Site; (c) you shall not access the Site in order tobuild a similar or competitive website, product, or service; and (d) except asexpressly stated herein, no part of the Site may be copied, reproduced,distributed, republished, downloaded, displayed, posted or transmitted in anyform or by any means. Unless otherwiseindicated, any future release, update, or other addition to functionality ofthe Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on anycontent displayed on the Site) must be retained on all copies thereof.2.3 Modification. Company reserves the right, at any time, tomodify, suspend, or discontinue the Site (in whole or in part) with or withoutnotice to you. You agree that Companywill not be liable to you or to any third party for any modification,suspension, or discontinuation of the Site or any part thereof.2.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation toprovide you with any support or maintenance in connection with the Site.2.5 Ownership. You acknowledge thatall the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company orCompany’s suppliers. Neither these Terms(nor your access to the Site) transfers to you or any third party any rights, titleor interest in or to such intellectual property rights, except for the limitedaccess rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in theseTerms. There are no implied licenses granted underthese Terms.2.6 Feedback. If you provide Company with any feedback orsuggestions regarding the Site (“Feedback”),you hereby assign to Company all rights in such Feedback and agree that Companyshall have the right to use and fully exploit such Feedback and relatedinformation in any manner it deems appropriate. Company will treat any Feedback you provide to Company asnon-confidential and non-proprietary. You agree that you will not submit to Company any information or ideasthat you consider to be confidential or proprietary.3. Indemnification. You agree toindemnify and hold Company (and its officers, employees, and agents) harmless,including costs and attorneys’ fees, from any claim or demand made by any thirdparty due to or arising out of (a) your use of the Site, (b) your violation ofthese Terms or (c) your violation of applicable laws or regulations. Company reserves the right, at your expense,to assume the exclusive defense and control of any matter for which you arerequired to indemnify us, and you agree to cooperate with our defense of theseclaims. You agree not to settle anymatter without the prior written consent of Company. Company will use reasonable efforts to notifyyou of any such claim, action or proceeding upon becoming aware of it.4. Third-PartyLinks & Ads; Other Users4.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services,and/or display advertisements for third parties (collectively, “Third-PartyLinks & Ads”). Such Third-PartyLinks & Ads are not under the control of Company, and Company is notresponsible for any Third-Party Links & Ads. Company provides access to these Third-PartyLinks & Ads only as a convenience to you, and does not review, approve,monitor, endorse, warrant, or make any representations with respect toThird-Party Links & Ads. You use allThird-Party Links & Ads at your own risk, and should apply a suitable levelof caution and discretion in doing so. When you click on any of the Third-PartyLinks & Ads, the applicable third party’s terms and policies apply,including the third party’s privacy and data gathering practices. You should make whatever investigation youfeel necessary or appropriate before proceeding with any transaction inconnection with such Third-Party Links & Ads.4.2 Other Users. Your interactions with other Site users are solely between you andsuch users. You agree that Company willnot be responsible for any loss or damage incurred as the result of any suchinteractions. If there is a disputebetween you and any Site user, we are under no obligation to become involved.4.3 Release. You hereby release and forever dischargeCompany (and our officers, employees, agents, successors, and assigns) from,and hereby waive and relinquish, each and every past, present and futuredispute, claim, controversy, demand, right, obligation, liability, action andcause of action of every kind and nature (including personal injuries, death,and property damage), that has arisen or arises directly or indirectly out of,or that relates directly or indirectly to, the Site (including any interactionswith, or act or omission of, other Site users or any Third-Party Links &Ads). IF YOU ARE A CALIFORNIA RESIDENT,YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THEFOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THECREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HERFAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUSTHAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASEDPARTY.”5. Disclaimers THE SITE IS PROVIDED ON AN“AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLYDISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS,IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT,ACCURACY, OR NON-INFRINGEMENT. WE (ANDOUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILLBE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILLBE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL,OR SAFE. IF APPLICABLE LAW REQUIRES ANYWARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED INDURATION TO 90 DAYS FROM THE DATE OF FIRST USE. SOMEJURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVEEXCLUSION MAY NOT APPLY TO YOU. SOMEJURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.6. Limitationon LiabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY(OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS,LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROMOR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVENIF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUROWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TOYOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TOTHE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISINGFROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THEFORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY USDOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NOLIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THELIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.7. Term andTermination. Subject to this Section, these Terms will remain in full force andeffect while you use the Site. We may suspend or terminate your rights touse the Site (including your Account) at any time forany reason at our sole discretion, including for any use of the Site in violation ofthese Terms. Upon termination of your rights under these Terms, your Account andright to access and use the Site will terminate immediately. Company will not have any liabilitywhatsoever to you for any termination of your rights under these Terms,including for termination of your Account. Even after your rights under these Terms are terminated, the followingprovisions of these Terms will remain in effect: Sections 2.2through 2.6 andSections 3 through 8. 8. General8.1 Changes. These Terms are subject to occasional revision, and if we make anysubstantial changes, we may notify you by sending you an e-mail to the laste-mail address you provided to us (if any), and/or by prominently postingnotice of the changes on our Site. Youare responsible for providing us with your most current e-mail address. In the event that the last e-mail addressthat you have provided us is not valid, or for any reason is not capable ofdelivering to you the notice described above, our dispatch of the e-mailcontaining such notice will nonetheless constitute effective notice of thechanges described in the notice. Continued use of our Site following notice of such changes shall indicateyour acknowledgement of such changes and agreement to be bound by the terms andconditions of such changes.8.2 Dispute Resolution. Please read the following arbitration agreement in this Section (the“Arbitration Agreement”)carefully. It requires you to arbitrate disputes with Company, its parentcompanies, subsidiaries, affiliates, successors and assigns and all of theirrespective officers, directors, employees, agents, and representatives(collectively, the “Company Parties”) and limits the manner in which youcan seek relief from the Company Parties. (a) Applicability of Arbitration Agreement. You agree that any dispute between you andany of the Company Parties relating in any way to the Site, the servicesoffered on the Site (the “Services”) or these Terms will be resolved bybinding arbitration, rather than in court, except that (1) you and the CompanyParties may assert individualized claims in small claims court if the claimsqualify, remain in such court and advance solely on an individual, non-classbasis; and (2) you or the Company Parties may seek equitable relief in courtfor infringement or other misuse of intellectual property rights (such astrademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreementshall survive the expiration or termination of these Terms and shall apply,without limitation, to all claims that arose or were assertedbefore you agreed to these Terms (in accordance with the preamble) or any priorversion of these Terms. ThisArbitration Agreement does not preclude you from bringing issues to theattention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against the CompanyParties on your behalf. For purposes of this ArbitrationAgreement, “Dispute” will alsoinclude disputes that arose or involve facts occurring before the existence ofthis or any prior versions of the Agreement as well as claims that may ariseafter the termination of these Terms.(b) Informal Dispute Resolution. There mightbe instances when a Dispute arises between you and Company. If that occurs,Company is committed to working with you to reach a reasonable resolution. Youand Company agree that good faith informal efforts to resolve Disputes canresult in a prompt, low‐cost and mutually beneficial outcome. You and Companytherefore agree that before either party commences arbitration against theother (or initiates an action in small claims court if a party so elects), wewill personally meet and confer telephonically or via videoconference, in a goodfaith effort to resolve informally any Dispute covered by this ArbitrationAgreement (“Informal Dispute ResolutionConference”). If you are represented by counsel, your counsel mayparticipate in the conference, but you will also participate in the conference.The party initiating aDispute must give notice to the other party in writing of its intent toinitiate an Informal Dispute Resolution Conference (“Notice”), which shall occurwithin 45 days after the other party receives such Notice, unless an extensionis mutually agreed upon by the parties. Notice to Company that you intend toinitiate an Informal Dispute Resolution Conference should be sent by email to: info@medtrack.africa, or by regular mail to 271 US Route 46, Suite E102,Fairfield, NJ 07004 US, Fairfield, NewJersey 07004. TheNotice must include: (1) your name, telephone number, mailing address, e‐mailaddress associated with your account (if you have one); (2) the name, telephonenumber, mailing address and e‐mail address of your counsel, if any; and (3) adescription of your Dispute. The Informal DisputeResolution Conference shall be individualized such that a separate conferencemust be held each time either party initiates a Dispute, even if the same lawfirm or group of law firms represents multiple users in similar cases, unlessall parties agree; multiple individuals initiating a Dispute cannot participatein the same Informal Dispute Resolution Conference unless all parties agree. Inthe time between a party receiving the Notice and the Informal DisputeResolution Conference, nothing in this Arbitration Agreement shall prohibit theparties from engaging in informal communications to resolve the initiatingparty’s Dispute. Engaging in the Informal Dispute Resolution Conference is a conditionprecedent and requirement that must be fulfilled before commencing arbitration.The statute of limitations and any filing fee deadlines shall be tolled whilethe parties engage in the Informal Dispute Resolution Conference processrequired by this section.(c) ArbitrationRules and Forum. These Terms evidence atransaction involving interstate commerce; and notwithstanding any otherprovision herein with respect to the applicable substantive law, the FederalArbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation andenforcement of this Arbitration Agreement and any arbitration proceedings. Ifthe Informal Dispute Resolution Process described above does not resolvesatisfactorily within 60 days after receipt of your Notice, you and Company agreethat either party shall have the right to finally resolve the Dispute throughbinding arbitration. The Federal Arbitration Act governs the interpretation andenforcement of this Arbitration Agreement. The arbitration will be conducted byJAMS, an established alternative dispute resolution provider. Disputesinvolving claims and counterclaims with an amount in controversy under$250,000, not inclusive of attorneys’ fees and interest, shall be subject toJAMS’ most current version of the Streamlined Arbitration Rules and proceduresavailable at http://www.jamsadr.com/rules-streamlined-arbitration/;all other claims shall be subject to JAMS’s most current version of theComprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.JAMS’s rules are also available at www.jamsadr.com or bycalling JAMS at 800-352-5267. A party who wishes to initiate arbitration mustprovide the other party with a request for arbitration (the “Request”). The Request must include:(1) the name, telephone number, mailing address, e‐mail address of the partyseeking arbitration and the account username (if applicable) as well as theemail address associated with any applicable account; (2) a statement of thelegal claims being asserted and the factual bases of those claims; (3) adescription of the remedy sought and an accurate, good‐faith calculation of theamount in controversy in United States Dollars; (4) a statement certifyingcompletion of the Informal Dispute Resolution process as described above; and(5) evidence that the requesting party has paid any necessary filing fees inconnection with such arbitration.If the party requesting arbitration is represented by counsel, theRequest shall also include counsel’s name, telephone number, mailing address,and email address. Such counsel must also sign the Request. By signing theRequest, counsel certifies to the best of counsel’s knowledge, information, andbelief, formed after an inquiry reasonable under the circumstances, that: (1)the Request is not being presented for any improper purpose, such as to harass,cause unnecessary delay, or needlessly increase the cost of dispute resolution;(2) the claims, defenses and other legal contentions are warranted by existinglaw or by a nonfrivolous argument for extending, modifying, or reversingexisting law or for establishing new law; and (3) the factual and damagescontentions have evidentiary support or, if specifically so identified, willlikely have evidentiary support after a reasonable opportunity for furtherinvestigation or discovery.Unless you and Companyotherwise agree, or the Batch Arbitration process discussed in Subsection 8.2(h)is triggered, the arbitration will be conducted in the county where you reside.Subject to the JAMS Rules, the arbitrator may direct a limited and reasonableexchange of information between the parties, consistent with the expeditednature of the arbitration. If the JAMS is not available to arbitrate, theparties will select an alternative arbitral forum. Your responsibility to payany JAMS fees and costs will be solely as set forth in the applicable JAMSRules.You and Company agreethat all materials and documents exchanged during the arbitration proceedingsshall be kept confidential and shall not be shared with anyone except theparties’ attorneys, accountants, or business advisors, and then subject to thecondition that they agree to keep all materials and documents exchanged duringthe arbitration proceedings confidential.(d) Authorityof Arbitrator. The arbitrator shall haveexclusive authority to resolve all disputes subject to arbitration hereunderincluding, without limitation, any dispute related to the interpretation,applicability, enforceability or formation of this Arbitration Agreement or anyportion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating tothe subsection entitled “Waiver of Class or Other Non-Individualized Relief,”including any claim that all or part of the subsection entitled “Waiver ofClass or Other Non-Individualized Relief” is unenforceable, illegal, void orvoidable, or that such subsection entitled “Waiver of Class or OtherNon-Individualized Relief” has been breached, shall be decided by a court ofcompetent jurisdiction and not by an arbitrator; (2) except as expresslycontemplated in the subsection entitled “Batch Arbitration,” all Disputes aboutthe payment of arbitration fees shall be decided only by a court of competentjurisdiction and not by an arbitrator; (3) all Disputes about whether eitherparty has satisfied any condition precedent to arbitration shall be decidedonly by a court of competent jurisdiction and not by an arbitrator; and (4) allDisputes about which version of the Arbitration Agreement applies shall bedecided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any othermatters or joined with any other cases or parties, except as expressly providedin the subsection entitled “Batch Arbitration.” The arbitrator shallhave the authority to grant motions dispositive of all or part of any claim ordispute. The arbitrator shall have the authority to award monetary damages andto grant any non-monetary remedy or relief available to an individual partyunder applicable law, the arbitral forum’s rules, and these Terms (includingthe Arbitration Agreement). The arbitrator shall issue a written award andstatement of decision describing the essential findings and conclusions onwhich any award (or decision not to render an award) is based, including thecalculation of any damages awarded. The arbitrator shall follow the applicablelaw. The award of thearbitrator is final and binding upon you and us. Judgment on the arbitrationaward may be entered in any court having jurisdiction.(e) Waiver of Jury Trial. EXCEPT AS SPECIFIED in section 8.2(a) YOU ANDTHE COMPANY PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUEIN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and theCompany Parties are instead electing that all covered claims and disputes shallbe resolved exclusively by arbitration under this Arbitration Agreement, exceptas specified in Section 8.2(a)above. An arbitrator can award on an individual basis the same damagesand relief as a court and must follow these Terms as a court would. However,there is no judge or jury in arbitration, and court review of an arbitrationaward is subject to very limited review. (f) Waiver of Classor Other Non-Individualized Relief. YOU AND COMPANY AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 8.2(h) EACH OF US MAY BRINGCLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS,REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TOHAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON ACLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEFIS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BEARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject tothis Arbitration Agreement, the arbitrator may award declaratory or injunctiverelief only in favor of the individual party seeking relief and only to theextent necessary to provide relief warranted by the party’s individual claim.Nothing in this paragraph is intended to, nor shall it, affect the terms andconditions under the Subsection 8.2(h) entitled “Batch Arbitration.” Notwithstanding anything tothe contrary in this Arbitration Agreement, if a court decides by means of afinal decision, not subject to any further appeal or recourse, that thelimitations of this subsection, “Waiver of Class or Other Non-IndividualizedRelief,” are invalid or unenforceable as to a particular claim or request forrelief (such as a request for public injunctive relief), you and Company agreethat that particular claim or request for relief (and only that particularclaim or request for relief) shall be severed from the arbitration and may belitigated in the state or federal courts located in the State of New Jersey.All other Disputes shall be arbitrated or litigated in small claims court. Thissubsection does not prevent you or Company from participating in a class-widesettlement of claims.(g) Attorneys’ Fees and Costs. The partiesshall bear their own attorneys’ fees and costs in arbitration unless thearbitrator finds that either the substance of the Dispute or the relief soughtin the Request was frivolous or was brought for an improper purpose (asmeasured by the standards set forth in Federal Rule of Civil Procedure 11(b)).If you or Company need to invoke the authority of a court of competentjurisdiction to compel arbitration, then the party that obtains an order compellingarbitration in such action shall have the right to collect from the other partyits reasonable costs, necessary disbursements, and reasonable attorneys’ feesincurred in securing an order compelling arbitration. The prevailing party inany court action relating to whether either party has satisfied any conditionprecedent to arbitration, including the Informal Dispute Resolution Process, isentitled to recover their reasonable costs, necessary disbursements, andreasonable attorneys’ fees and costs.(h) Batch Arbitration. To increase theefficiency of administration and resolution of arbitrations, you and Companyagree that in the event that there are 100 or more individual Requests of asubstantially similar nature filed against Company by or with the assistance ofthe same law firm, group of law firms, or organizations, within a 30 day period(or as soon as possible thereafter), the JAMS shall (1) administer thearbitration demands in batches of 100 Requests per batch (plus, to the extentthere are less than 100 Requests left over after the batching described above,a final batch consisting of the remaining Requests); (2) appoint one arbitratorfor each batch; and (3) provide for the resolution of each batch as a singleconsolidated arbitration with one set of filing and administrative fees due perside per batch, one procedural calendar, one hearing (if any) in a place to bedetermined by the arbitrator, and one final award (“Batch Arbitration”).All parties agree thatRequests are of a “substantially similar nature” if they arise out of or relateto the same event or factual scenario and raise the same or similar legalissues and seek the same or similar relief. To the extent the parties disagreeon the application of the Batch Arbitration process, the disagreeing partyshall advise the JAMS, and the JAMS shall appoint a sole standing arbitrator todetermine the applicability of the Batch Arbitration process (“AdministrativeArbitrator”). In an effort to expedite resolution of any such dispute by the AdministrativeArbitrator, the parties agree the Administrative Arbitrator may set forth suchprocedures as are necessary to resolve any disputes promptly. TheAdministrative Arbitrator’s fees shall be paid by Company.You and Company agreeto cooperate in good faith with the JAMS to implement the Batch Arbitrationprocess including the payment of single filing and administrative fees forbatches of Requests, as well as any steps to minimize the time and costs ofarbitration, which may include: (1) the appointment of a discovery specialmaster to assist the arbitrator in the resolution of discovery disputes; and(2) the adoption of an expedited calendar of the arbitration proceedings.This Batch Arbitrationprovision shall in no way be interpreted as authorizing a class, collectiveand/or mass arbitration or action of any kind, or arbitration involving jointor consolidated claims under any circumstances, except as expressly set forthin this provision.(i) 30-Day Right to OptOut. You have the right to opt out of the provisions of this ArbitrationAgreement by sending a timely written notice of your decision to opt out to thefollowing address: 271 US Route46, Suite E102, Fairfield, NJ 07004 US, Fairfield, New Jersey 07004, oremail to info@medtrack.africa, within 30 days after first becoming subject tothis Arbitration Agreement. Your notice must include your name and address anda clear statement that you want to opt out of this Arbitration Agreement. Ifyou opt out of this Arbitration Agreement, all other parts of these Terms willcontinue to apply to you. Opting out of this Arbitration Agreement has noeffect on any other arbitration agreements that you may currently have with us,or may enter into in the future with us.(j) Invalidity, Expiration. Except as providedin the subsection entitled “Waiver of Class or Other Non-IndividualizedRelief”, if any part or parts of this Arbitration Agreement are found under thelaw to be invalid or unenforceable, then such specific part or parts shall beof no force and effect and shall be severed and the remainder of theArbitration Agreement shall continue in full force and effect. You furtheragree that any Dispute that you have with Company as detailed in thisArbitration Agreement must be initiated via arbitration within the applicablestatute of limitation for that claim or controversy, or it will be forever timebarred. Likewise, you agree that all applicable statutes of limitation willapply to such arbitration in the same manner as those statutes of limitationwould apply in the applicable court of competent jurisdiction.(k) Modification. Notwithstanding any provision in these Terms to the contrary, weagree that if Company makes any future material change to this ArbitrationAgreement, you may reject that change within 30 days of such change becomingeffective by writing Company at the following address: 271 US Route 46, SuiteE102, Fairfield, NJ 07004 US, Fairfield, New Jersey 07004, or email toinfo@medtrack.africa. Unless you reject the changewithin 30 days of such change becoming effective by writing to Company inaccordance with the foregoing, your continued use of the Site and/or Services,including the acceptance of products and services offered on the Site followingthe posting of changes to this Arbitration Agreement constitutes youracceptance of any such changes. Changes to this Arbitration Agreement do notprovide you with a new opportunity to opt out of the Arbitration Agreement ifyou have previously agreed to a version of these Terms and did not validly optout of arbitration. If you reject any change or update to this ArbitrationAgreement, and you were bound by an existing agreement to arbitrate Disputesarising out of or relating in any way to your access to or use of the Servicesor of the Site, any communications you receive, any products sold ordistributed through the Site, the Services, or these Terms, the provisions ofthis Arbitration Agreement as of the date you first accepted these Terms (oraccepted any subsequent changes to these Terms) remain in full force andeffect. Company will continue to honor any valid opt outs of the ArbitrationAgreement that you made to a prior version of these Terms. 8.3 Export. The Site may be subject to U.S.export control laws and may be subject to export or import regulations in othercountries. You agree not to export, reexport, or transfer, directly orindirectly, any U.S. technical data acquired from Company, or any productsutilizing such data, in violation of the United States export laws orregulations. 8.4 Disclosures. Company is located at the address in Section8.8. If you are a California resident, you may report complaints to theComplaint Assistance Unit of the Division of Consumer Product of the CaliforniaDepartment of Consumer Affairs by contacting them in writing at 400 R Street,Sacramento, CA 95814, or by telephone at (800) 952-5210.8.5 Electronic Communications. The communications between you and Company useelectronic means, whether you use the Site or send us emails, or whether Companyposts notices on the Site or communicates with you via email. For contractualpurposes, you (a) consent to receive communications from Company in anelectronic form; and (b) agree that all terms and conditions, agreements,notices, disclosures, and other communications that Company provides to youelectronically satisfy any legal requirement that such communications wouldsatisfy if it were be in a hardcopy writing. The foregoing does not affect yournon-waivable rights.8.6 Entire Terms. These Terms constitute the entireagreement between you and us regarding the use of the Site. Our failure toexercise or enforce any right or provision of these Terms shall not operate asa waiver of such right or provision. The section titles in these Terms are forconvenience only and have no legal or contractual effect. The word “including”means “including without limitation”. Ifany provision of these Terms is, for any reason, held to be invalid orunenforceable, the other provisions of these Terms will be unimpaired and theinvalid or unenforceable provision will be deemed modified so that it is validand enforceable to the maximum extent permitted by law. Your relationship to Company is that of anindependent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligationsherein, may not be assigned, subcontracted, delegated, or otherwise transferredby you without Company’s prior written consent, and any attempted assignment,subcontract, delegation, or transfer in violation of the foregoing will be nulland void. Company may freely assign theseTerms. The terms and conditions setforth in these Terms shall be binding upon assignees. 8.7 Copyright/TrademarkInformation. Copyright © 2023 MedTrack Technologies. All rightsreserved. All trademarks, logos and service marks (“Marks”)displayed on the Site are our property or the property of other third parties.You are not permitted to use these Marks without our prior written consent orthe consent of such third party which may own the Marks.8.8 Contact Information:MedTrackAddress: 271 US Route 46Suite E102Fairfield, NJ 07004 USFairfield, New Jersey 07004Telephone: (+233) 598 94 0814Email: info@medtrack.africa