Section 01

Acceptance of Terms and Conditions

This website is operated by Zenhance LLC DBA MEANT (“MEANT”, “we”, “us” or “our”). These terms and conditions (the “Terms” or “Terms and Conditions”) govern (i) your use of and access to www.meant.health and other websites which are owned or operated by MEANT or its affiliates (the “Site”); and (ii) other online or mobile-enabled technology, digital tools and other services and products provided by MEANT and its affiliates (“Services”).

By accessing, using, or otherwise interacting with the Services, or by clicking to accept these Terms, you: (1) acknowledge and agree to be bound by these Terms; and (2) agree to comply with all applicable rules, policies, notices, and disclaimers made available through the Services or otherwise communicated to you.

References to “you” and “your” mean the individual who accesses, uses, or participates in the Services, as well as that individual’s heirs, successors, and permitted assigns. If you access or use the Services on behalf of a company, organization, or another person, you represent and warrant that you have the authority to bind such entity or person to these Terms. In that case, your acceptance of these Terms will be deemed acceptance by that entity or person, and references to “you” and “your” will include such entity and its directors, officers, employees, representatives, and agents, as applicable.

1.1. Terms of Payment

Choosing “Pay” indicates your consent to these conditions:

• Discounts are valid for the initial payment exclusively.
• We do not offer credits or refunds for partial periods, barring legal requirements.
• You may stop future charges by canceling at any time.
• A complete refund will be issued if a provider finds you ineligible for a treatment after payment.

Section 02

Services Provided by MEANT

2.1. Our Role

MEANT does not provide any medical services itself. Depending on your personal situation, state of residence, and evolution of our Services, MEANT may provide: (i) access to general information on health and wellness topics; (ii) access to independent medical groups who provide health care services through the Services (“Providers”) who are contracted by certain independent, clinical professional practice groups (collectively, the “Practices”); (iii) access to laboratory services performed by third party clinical laboratories (“Labs”); (iv) access to prescription fulfillment services offered by third party pharmacies (“Pharmacies”); and (v) access to content from or interactions with in-house or third-party dietitians, health coaches, and trainers.

MEANT does not oversee or intervene in the medical practices of Providers or Practices, who remain exclusively responsible for the medical care and treatments they administer. Any clinical guidance or information you receive is provided solely by the Practice or Provider, and not by MEANT. You recognize that MEANT is not a healthcare entity; consequently, utilizing our Services does not establish a provider-patient relationship between you and MEANT. While you may establish such a relationship with a Provider or one or more Practices through the Services, MEANT accepts no liability for professional advice or any other information obtained from these third parties.

The Services and all associated materials including text, audio, video, and various visual elements (collectively, “MEANT Content”) are provided strictly for informational purposes. This content does not constitute medical advice, professional diagnosis, treatment, or any form of healthcare recommendation. You should always consult with a qualified healthcare professional regarding any medical conditions or individual health needs. Reliance on any information provided by MEANT, its nutritionists, health coaches, or other contributors is solely at your own risk.

Furthermore, any information shared by MEANT or through supported communications is intended for general knowledge only. Such interactions are not intended to establish a physician-patient relationship under state or federal law. The Services are not a replacement for professional medical care, and users should not disregard or delay seeking professional advice based on content found within the Services.

Any advice provided by a dietician is nutritional advice, not medical or dietetic advice. Certain Services may not be available in all states.

2.2. Operational Overview

We will ask you some initial qualifying questions about yourself and your health. These questions were approved by the relevant Practices. If the answers to those questions meet certain criteria specified by a Practice, the Practice will invite the user to schedule an initial appointment and establish an account on the Practice’s and/or Provider’s own patient portal (the “Patient Portal”), which is not operated by MEANT or MEANT’s service providers. The Patient Portal may have the MEANT logo, but it is operated by the Practice, Provider, or its service providers, not us.

Upon accessing the Patient Portal, you will be asked to complete a comprehensive questionnaire created by the Practice to gather further personal and medical details.

All telehealth services, including diagnosis and medical consultations, along with associated payments, are conducted through the Patient Portal and other platforms managed by the Practice, the Provider, or their designated service providers (collectively referred to as “Healthcare Provider Sites”), rather than through MEANT’s primary website. Please note that charges for our fees may be listed on your statement as “Zenhance LLC” instead of “MEANT”.

Diagnosis or treatment may also require obtaining lab work or prescriptions through Labs and Pharmacies that are not operated by or for MEANT (collectively, “Third Party Suppliers”). Your relationship with the Practice, Provider, and Third Party Suppliers, and your use of the Patient Portal and other Healthcare Provider Sites, will be governed by the relevant third-party entity’s Additional Terms (as defined in Section 4 below) and are subject to the privacy policies and practices of the relevant third-party entity and its service providers, even though the MEANT logo may appear on the Healthcare Provider Sites.

Section 03

Changes to the Services or Terms

We maintain the authority to modify these Terms at our discretion. Any revisions will be finalized by publishing the amended version and refreshing the “Last Updated” reference located at the page head.

Unless you first reject the updated Terms by discontinuing all use of the MEANT Services, sending a notice of termination to support@meant.health and canceling any subscription you may have by following the procedure at Section 7.4., you will be deemed to accept the changes and they will take effect at the “Update Effective Time.”

You must send the termination notice from the email address associated with your account, or if this is not possible, you must promptly cooperate with us to identify your account. Regardless of the email address you use, you must promptly cooperate with any request from us to authenticate that you are the account holder and that you are the actual sender of the termination notice. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. You are prohibited from using the MEANT Services after sending a notice of termination, except as may be necessary to follow any instructions we may provide via email for authentication of your identity and request. If you violate this requirement and do use the MEANT Services after sending a notice of termination (and before we block your access), your termination notice will be void as if it had never taken effect, and the updated Terms will take effect (or will have taken effect) at the Update Effective Time.

Any changes to Section 19 (“Arbitration and Class Action Waiver”) are also subject to the additional provisions in that section regarding changes to that section.

MEANT maintains the authority to alter, pause, or end the Services, or any portion of them, at any time, whether on a temporary or permanent basis. You acknowledge and agree that MEANT will not be held accountable to you for any such adjustments, suspensions, or terminations of the Services.

Section 04

Additional Terms

In order to access or purchase certain Services, you may be required to agree and enter into, or acknowledge receipt of, one or more additional agreements, consents, assignments, releases or notices as a condition of accessing, purchasing or receiving those Services (such additional agreements, consents, assignment, releases or notices, collectively as and when furnished and entered into or acknowledged, “Additional Terms and Conditions”).

These Additional Terms and Conditions may apply to specific Service categories, individual Services, or particular Service suppliers such as groups or individual Providers, Practices, Pharmacies, or Labs. You are required to abide by these Additional Terms and Conditions. In various instances, you will enter into these agreements directly with a third party, such as a Provider or Practice, and MEANT will not be a party to those specific Additional Terms and Conditions.

Pharmacy Services

By agreeing to these Terms of Use, you acknowledge that MEANT does not operate as a pharmacy and does not oversee or manage pharmacy operations. You further agree and understand that your use of the Services may involve establishing a direct professional relationship with one or more third-party pharmacies, pharmacists, or pharmacy groups.

Partner Pharmacies

Section 05

Account Creation and Eligibility Criteria

Access to the Services is restricted to United States residents who are at least 18 years old and possess the legal right, authority, and capacity to agree to these Terms. If you are a parent or legal guardian and believe a minor under eighteen (18) has accessed the Services without your permission, please notify us at support@meant.health.

You must meet certain additional criteria to be eligible to use certain Services. For more information, see Section 2 above.

To use specific portions of our Services, establishing an account (“Account”) may be necessary. During registration, you might be asked to supply details such as your name and a chosen password. By initiating an Account, you guarantee that all provided registration data is complete, current, and accurate. Furthermore, you commit to maintaining the accuracy of this information through regular updates. Protecting your Account access credentials remains your exclusive responsibility.

You maintain exclusive accountability for all actions conducted through your Account. We are entitled to presume that any interactions or User Content submitted via your Account originate from you. It is your duty to inform MEANT at once regarding any security compromises or unauthorized Account access. Should a third party utilize your Account as a result of your actions, you may be held responsible for resulting losses, damages, liabilities, costs, and legal fees; MEANT shall not be held liable in such instances, irrespective of whether you reported the unauthorized activity. To safeguard your Account and verify your identity, you acknowledge that we may request specific confirming information from you.

If you have been previously barred from the Services by MEANT, your access and use are strictly prohibited. Furthermore, we maintain the absolute authority to deactivate or terminate any Account at our discretion, at any time, for any reason or without specific cause.

Section 06

Privacy

You authorize us to collect, use, disclose and otherwise handle your personal information as set forth in our Privacy Notice, which we may modify from time to time.

Section 07

Payment, Cancellation, and Refund

For all Payment, Cancellation and refund inquiries please refer to our Services Cancellation & Refund Policy.

Section 08

Testimonials

By using our Services, you acknowledge that MEANT, along with its associated Practices, Providers, and Third Party Suppliers, may reach out to you to request your consent for a testimonial. Should you decide to share your experience, you hereby authorize us to feature your testimonial, photograph, first name, last initial, and other comparable details within our marketing and promotional content.

Section 09

Ownership and Usage Rights for the Services

Subject to your ongoing adherence to these Terms and all applicable guidelines, we provide you with a limited, personal, non-exclusive, and revocable license to access the Services for non-commercial purposes. This license is non-transferable, and any utilization of the Services is conducted at your own risk. You are expressly prohibited from reproducing, distributing, modifying, or creating derivative works based on the Services or MEANT Content; furthermore, you may not publicly display, perform, republish, store, or transmit any such materials.

MEANT and its licensors retain all exclusive rights, titles, and interests in the Services. This encompasses all underlying intellectual property, including but not limited to software, text, graphics, logos, trademarks, copyrights, and multimedia elements such as audio and video. These Services are protected by both domestic and international laws governing copyright and trademarks. You acknowledge that MEANT and its partners have invested significant time, effort, and resources to develop, compile, and arrange these Services, which represent valuable proprietary property. No license is implied beyond what is explicitly stated here, and any unauthorized use of the Services is strictly forbidden. MEANT reserves all rights that are not expressly granted under these Terms.

Section 10

Rules and Prohibitions

You pledge not to utilize the Services for any unlawful activities or any actions forbidden by these Terms, or for any objectives not explicitly intended by MEANT. Prohibited activities include, but are not limited to:

• Creating multiple Accounts, misrepresenting your identity, or manipulating headers and identifiers to hide the true origin of content delivered through the Services;
• Submitting User Content or any data to MEANT that contains viruses, Trojan horses, or other harmful programming code designed to damage, interfere with, intercept, or expropriate any systems, personal information, or data;
• Engaging in any behavior that is fraudulent, defamatory, abusive, or obscene, or that violates the rights of MEANT, its users, or third parties, including intellectual property and privacy rights;
• Participating in activities such as illegal harassment, intimidation, or commercial disparagement, including the upload of libelous information as User Content.
• Create multiple Accounts or misrepresent your identity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services;
• Participating in any activity that is deceptive, false, or infringing, or providing content that is libelous, slanderous, threatening, or offensive; this includes any material that is obscene, pornographic, or otherwise in violation of the legal rights of MEANT, its users, or any third party, such as their intellectual property or privacy protections;
• Participate in conduct that is libelous, defamatory, or constitutes an unlawful threat or harassment, including the submission of any defamatory User Content;
• Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;
• Scrape, access, monitor, index, frame, link, or copy any content on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or using any method of access other than manually accessing the publicly available portions of the Services through a browser or accessing the Services through any approved mobile application, application programming interface, or client application;
• Decompile, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, or proprietary information related to the Services;
• Probe, scan, or test the vulnerability of any system or network, or attempt to breach or circumvent any security or authentication measures implemented to protect or restrict access to the Services and their content;
• Attack, or attempt to attack the Services via a denial-of-service attack or a distributed denial-of service attack;Violate the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;
• Participate in any conduct that may lead us to infringe upon any relevant law, ordinance, statute, or regulation;
• Utilize the content on the Services or our system for commercial gain or resale, including the training or development of machine learning or artificial intelligence models, unless you have obtained our explicit prior written authorization;
• Utilize the Services in any manner that breaches or promotes the breach of these Terms, or any supplementary agreements and policies governing Service usage, including any direct or indirect attempts at such actions;
• Assign or transfer any of the rights provided to you under these Terms to another party;
• Utilizing the Services or any provided content to develop a comparable or competing website, product, or service.

MEANT reserves the authority to look into and take legal action against any breaches of the aforementioned provisions to the maximum extent permitted by law. In the course of pursuing users who infringe upon these Terms, MEANT may collaborate with law enforcement authorities.

Section 11

Notice and Procedure for Making Claims of Copyright Infringement

MEANT respects the intellectual property rights of others and expects its players and the users of its services to do the same. If you believe that any content appearing in the Services and/or User Content has been copied in a way that constitutes copyright infringement, please forward the following information to the support@meant.health.

Please be aware that to be effective, your copyright infringement notification must comply with the Digital Millennium Copyright Act (“DMCA”). You are encouraged to review 17 U.S.C. § 512(c)(3) of the DMCA or consult with an attorney prior to sending a notice hereunder.

To file a copyright infringement notice, you will need to send a written communication that includes the following:

• Your name, address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• The exact URL or a description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Under the DMCA, you may be held accountable for damages, such as legal fees and costs, if you provide a knowing misrepresentation regarding infringing activity or material. Additionally, be advised that details included in your infringement claim may be shared with the individual associated with the content in question.

Section 12

Feedback

By submitting any comments, questions, suggestions, or feedback regarding MEANT, the Services, or our company (collectively, “Feedback”), you confirm and guarantee that: (a) you possess the legal right to share such Feedback; (b) the Feedback does not infringe upon the rights of any third party; and (c) the Feedback is free of any confidential or proprietary data belonging to others. Upon providing Feedback, you further: (i) agree that we have no obligation of confidentiality, whether express or implied; (ii) recognize that similar concepts may already be in development or under review by us; (iii) grant us a perpetual, worldwide, non-exclusive, royalty-free, and irrevocable license to utilize, adapt, distribute, and sublicense your Feedback; and (iv) waive all moral rights related to the Feedback against MEANT and its users. These provisions regarding Feedback will remain in effect even after the termination of your Account, these Terms, or your use of the Services.

Section 13

MEANT SMS Terms and Conditions

MEANT offers the option to receive various updates and notifications through text messaging. By opting into this service, you consent to receive recurring automated and non-automated SMS communications. These may include account alerts, appointment reminders, product news, promotional offers, and other informational content, which may be delivered via an automatic telephone dialing system to the mobile number you have supplied.

By opting in, you consent to receive recurring SMS communications from MEANT, which may include both automated and non-automated marketing content such as promotional offers and shopping cart reminders. These notifications or informational updates will be delivered to the mobile phone number you submit and may be transmitted using an automatic telephone dialing system.

Communication frequency is subject to change. MEANT maintains the authority to modify the rate of messages at its discretion, potentially increasing or decreasing the volume of correspondence. Furthermore, MEANT may update the phone number or short code utilized for these transmissions.

Opt-Out and Support

Termination of the SMS service is possible at any moment by replying "STOP" to the originating number. Upon receipt of your "STOP" message, we will provide a final SMS to confirm your unsubscription, after which further messages from us will cease.

To restart the service, you may simply re-register, and SMS transmissions will be reinstated.

Should you encounter any difficulties with our messaging service, you can reply with "HELP" to obtain further guidance or reach out to our dedicated support staff at support@meant.health.

Important Disclosures

Key Disclosures Regarding Messaging Services

• Messages may be delayed or fail to deliver, and mobile carriers shall not be held responsible for such occurrences.
• Standard text and data charges from your provider may apply to all incoming and outgoing correspondence.
• Please consult your service provider directly if you have inquiries regarding your specific mobile plan.
• Our messaging services may not be compatible with all handsets or available across all geographical regions.

Additional Notes:

Providers or Practice Groups may send you text messages through automated or non-automated means, including marketing text messages that are exempt from consent requirements due to their medical nature. MEANT is not responsible for any messages they send. Text the keyword "STOP" to the number you are receiving text messages from to cancel. After texting "STOP," you may receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the "STOP" keyword command and agree that MEANT and its service providers will have no liability for failing to honor such requests.

If you unsubscribe from one of our text message programs, you may continue to receive text messages from MEANT through any other programs you have joined until you separately unsubscribe from those programs.

For more information regarding privacy practices, please review our Privacy Policy here: Privacy Policy.

Section 14

External Content and Third-Party Website Links

The Services and MEANT Content may feature materials contributed by third parties, such as medical professionals, nutritionists, content creators, or bloggers. Any opinions, statements, or responses to inquiries found within these third-party materials are strictly the responsibility of the respective author or entity and do not necessarily represent the views of MEANT. We assume no liability to you or any other party regarding the accuracy or substance of content prepared by these external sources.

Furthermore, the Services may provide directions or links to applications, websites, products, or services managed by outside organizations (“Third-Party Services”). These links are included solely for your convenience. Because MEANT has no authority over the content of these external resources, we cannot be held responsible for them or for any potential loss or damage resulting from your use of them. Accessing any Third-Party Services linked through our platform is done entirely at your own discretion and remains subject to the specific terms and conditions of those external providers.

Section 15

Duration and Termination of Terms

Duration. The agreement between you and MEANT reflected by these Terms is effective when you access the Services (for example to create an Account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

Termination by Users. Users may terminate their Account by written notice via e-mail to support@meant.health.

Termination by MEANT. At any time, with or without notice, for any or no reason, MEANT reserves the right to modify or discontinue any portion or all of the Services, and to restrict, suspend, and terminate your Account. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES.

Survival. All provisions which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.

Section 16

Indemnity and Release

You agree to release and to indemnify, defend, and hold harmless MEANT and its parents, subsidiaries, affiliates, and agents, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs), claims, actions, inquiries, or investigations of any kind whatsoever arising out of or resulting from your violation of these Terms and Conditions or the terms in our other policies and agreements that you agree to be bound by, your use or misuse of the Services, including, but not limited to, any use of the Services’ content and products other than as expressly authorized, your use of any information obtained from the Services, or your violation of any third party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality. MEANT reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with MEANT in the defense of such matter.

If a dispute arises between you and one or more other users, you agree to release MEANT and its officers, employees, successors, and agents from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes and/or the Services.

In connection with this release, you acknowledge and agree to the following jurisdictional waivers:

• California Residents: You expressly waive California Civil Code Section 1542, which states: “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”.
• Non-California Residents: You waive any rights under any common law principle or statute similar to Section 1542 within your jurisdiction of residence.

Section 17

Disclaimers

Section 18

Limitation of Liability

Section 19

Arbitration and Class Action Waiver

19.1. Informal Dispute Resolution Procedure

If a dispute arises between you and MEANT, we are committed to working with you to reach a reasonable resolution. For any such dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This requires first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account, if any, to the following email address: support@meant.health. For any dispute that MEANT initiates, we will send our written description of the dispute to the email address associated with your Account. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. If the dispute is not resolved within sixty (60) days after receipt of the written description of the dispute, you and MEANT agree to the further dispute resolution provisions below.

The above process for an informal dispute resolution process is required before you may commence any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

Notwithstanding the parties' decision to resolve all disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initial chose; (ii) bring an action in state or federal court to protect its intellectual property rights (patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party's right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.You and MEANT agree to submit to the personal jurisdiction of any federal or state court in Orange County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

Except as set forth in Section 19.3. below, if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.

THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND MEANT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

19.2. Mutual Arbitration Agreement

You and MEANT agree that all claims, disputes, or disagreements that may arise out of your access or use of the Services including without limitation (i) the content available within the Services; (ii) these Terms (including its formation, performance, and breach); or (iii) that in any way relate to the provision or use of the Services, your relationship with MEANT, or any other dispute with MEANT, shall be resolved exclusively through binding arbitration in accordance with this Section 19 (collectively, the “Arbitration Agreement”). This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth in Section 19(k). This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects and evidences a transaction involving interstate commerce. You and MEANT expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.

Except as set forth in this Section 19, the arbitrator or arbitration body, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and this Arbitration Agreement, including, but not limited to any claim that all or any part thereof are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity.

19.3. Class Arbitration and Collective Relief Waiver

YOU AND MEANT ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SECTION 19.3., ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS MEANT PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

If there is a final judicial determination that this Section 19.3. is not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or MEANT from participating in a class-wide settlement of claims.

19.4. Arbitration Rules

The arbitration will be administered by National Arbitration and Mediation (“NAM”) and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider.

You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

19.5. Initiating Arbitration

Only after the parties have engaged in a good-faith effort to resolve the dispute in accordance with the Informal Dispute Resolution Procedure provision, and only if those efforts fail, then either party may initiate binding arbitration as the sole means to resolve claims using the procedures set forth in the applicable NAM rules. If you are initiating arbitration, a copy of the demand shall also be emailed to support@meant.health. If MEANT is initiating arbitration, it will serve a copy of the demand to the email address associated with your Account or the email that MEANT has on file for you. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.

19.6. Arbitration Location and Procedure

If you are a resident of the United States the arbitration will be conducted in the state where you reside, and if you are not a resident of the United States the arbitration shall be conducted in Virginia state, United States of America, unless you and MEANT otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and MEANT submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and MEANT (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

19.7. Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum's rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of the "Limitation of Liability" section of these Terms as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys' fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

19.8. Fees

You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

19.9. Right to Opt Out of the Arbitration Agreement

IF YOU DO NOT WISH TO BE BOUND BY THE “ARBITRATION AGREEMENT” AS SET FORTH IN THIS SECTION 15, THEN: (1) you must notify MEANT in writing within thirty (30) days of the date that you first accessed or otherwise become subject to this Arbitration Agreement (or any subsequent changes to the provisions of the section titled “Arbitration and Class Action Waiver”); (2) your written notification must be emailed to support@meant.health; and (3) your written notification must include (a) your name, (b) your address, and (c) a clear statement that you wish to opt out of this Arbitration Agreement. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these “Arbitration and Class Action Waiver” provisions by you and MEANT.

19.10. Changes to this Arbitration Agreement

Regardless of the Update Effective Time determined pursuant to Section 3 for the rest of the Terms, the Update Effective Time for changes to this Arbitration Agreement shall be the effective date specified in the applicable update. Any such changes will apply to all claims not yet filed as of the Update Effective Time for this Arbitration Agreement. If you reject any such changes by opting out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you do not agree to a change we make to this Arbitration Agreement, you may opt out by providing notice as described in Section 19.11, or you may terminate the Terms as described in Section 3.

Section 20

Venue and Governing Law

For any dispute not subject to arbitration or under the jurisdiction of a small claims court, you and MEANT agree to submit to the personal and exclusive jurisdiction of any venue in the federal and state courts located in Virginia state. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.The Terms and the relationship between you and MEANT shall be governed by the laws of the State of Virginia without regard to conflict of law provisions.

Section 21

Geographic Restrictions

State Coverage: Currently offering services in all 50 states plus Washington D.C. Please note: Some services may not be available in all areas and are subject to change.

U.S. Use Only: MEANT is based in the United States, and we provide our Services for use only by persons located within the U.S. We make no claims that the Services or their content are accessible or appropriate outside of the United States. Accessing our Services from outside the U.S. is done on your own initiative, and you are entirely responsible for compliance with your local laws.

Section 22

General

Entire Agreement. These Terms (and any additional terms, contracts, rules, and conditions that MEANT may post on the Services) constitute the entire agreement between you and MEANT with respect to the Services and supersede any prior agreements, oral or written, between you and MEANT. Waiver and Severability. If any provision(s) of the Terms is held by an arbitrator or court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. MEANT’ failure to exercise or enforce any of the Terms shall not constitute a waiver of MEANT’ right to exercise or enforce the Terms as to the same or another instance.

Assignment. You agree that MEANT may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason.

No Affiliation with MEANT. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of us, any of our affiliates or service providers.

Section Titles. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This statute of limitations provision does not apply to residents of New Jersey.

Notice. MEANT may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice on the Services or via email to the email address listed on your Account. It is your obligation to update your Account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 7 days after dispatch.

Section 23

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