Terms of Use

Terms of Use

Welcome

Last modified: August, 2020

Hello, and welcome to Galileo!

Galileo is a technology company that offers a platform for you to receive exceptional and comprehensive clinical care directly on your phone.

As a courtesy, we want to call your attention to several parts of our Terms of Use. You should know though that these highlights are not part of our official, binding legal terms – rather, they’re simply summaries without force or effect. You should read the entire Terms of Use before accessing or using Galileo’s website or mobile application, which can be found under the “Terms of Use” heading below.

  • All health care services you will receive are provided by independent, licensed doctors and nurse practitioners practicing within a group of independently owned professional practices. Throughout the Terms of Use, we call them the “Medical Group.” In order for us to pair you with a doctor or nurse licensed in your state, it is important that you accurately identify your location before joining a virtual visit. You can read more about the benefits and limitations of telehealth in our Informed Consent here

  • The doctors and nurse practitioners you interact with through Galileo will be able to address most of your day-to-day health needs, but the Galileo app cannot be used for medical emergencies. If you have a medical emergency, call “911” immediately.

  • Galileo respects your right to privacy. You can read more about our privacy practices here

  • We may contact you with important information by email, push notification, SMS, or phone, including that your care plan is ready, progress tracking, and refill reminders. While you can opt out of these in your account settings, you may not receive certain helpful information and reminders about your progress and treatment. 

  • You should also know that if our Member Services Team can’t help you with a dispute, except for certain disputes listed in the Terms, the dispute will be resolved by binding arbitration in an individual capacity, and not as a part of any class action. Arbitration means a professional arbitrator will decide how to resolve our dispute instead of a judge or a jury in court, and it often helps resolve things faster. Also be aware that the Terms provide that Galileo’s liability is limited in all circumstances.

  • Finally, be aware that Galileo is not insurance, and Galileo and the Medical Group are not insurers. Your subscription fee covers only the remote healthcare conversations you have with the Medical Group’s Providers via the Galileo app, and does not cover the cost of any of diagnostic test or prescription ordered, or any specialty care referred, by the Medical Group. 

 We look forward to seeing you in Galileo!

Terms of Use

Last modified: August, 2020

The Site is not intended for use in the event of an emergency or other urgent situations. If you believe you may have a medical emergency, call 911 immediately.

Galileo, Inc. (“Galileo”, “we,” “our” or “us”) owns and operates the website www.galileohealth.com and the Galileo mobile application (collectively, the “Site”). We facilitate access to online clinical telehealth services and secure messaging from independent licensed healthcare professionals (the “Providers”) to patients through the Site (collectively, the “Services”). Please read these Terms carefully before using the Services. By accessing and using our Site, you are agreeing to these legally binding these Terms of Use, including the mandatory arbitration provision in Section 17. If you do not agree to be bound by these terms, you may not access or use the Site or the Services.

1. Healthcare Services

Galileo offers an online communication platform for independent Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers.

Galileo does not provide medical advice or care. Galileo contracts with Galilea Medical Group, P.A., an independent, physician-owned medical group with a network of Providers who provide clinical telehealth services, and its related practices (collectively, the “Medical Group”). The Providers are independent of Galileo and merely use the Site as a way to communicate with you. The Providers, and not Galileo, are responsible for the quality and appropriateness of the care they render to you. Any information or advice received from a Provider comes from them alone. Neither Galileo nor any third party who promotes the Site or Service or provides you with a link to the Service, shall be liable for any professional advice you obtained from a Provider via the Site, nor for any information obtained on the Site. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all associated risks.  

The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Galileo. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. While Galileo facilitates your selection of, and communications with, Providers, Galileo does not provide medical services, and the doctor-patient relationship is between you and your Medical Group Provider. The services and information provided by Galileo, are intended to be for general information purposes only.

2. Risks of Telehealth Services

By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information. 

3. Not an Insurance Product

Neither Galileo nor the Medical Group are insurers. The Services are not insurance products, and the amounts you pay to Galileo or the Medical Group are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.

4. Availability of Services

Galileo and the Medical Group operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. 

Certain features of the Site may be subject to additional terms and conditions (“Additional Terms”). We may present Additional Terms to you when you activate or use a feature to which Additional Terms apply (either in the form of disclaimers or notices, or a separate document), and your use of any feature constitutes your acceptance of these Additional Terms before using such feature. Unless otherwise stated in the Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree with the Additional Terms, you will not have access to the feature to which they relate. 

5. Privacy Practices

The Galileo Site Privacy Policy explains how we treat your information and protect your privacy. By accessing or using Site or Services, you agree that information provided by you in connection with the Services and Site will be governed by the Privacy Policy, and further that information provided by you in connection with the Services will also be governed by the Medical Group’s Notice of Privacy Practices.

6. User Accounts; Security and Restrictions 

You agree to fully, accurately, and truthfully create your Galileo Account (“Account”), including but not limited to your legal name, mailing address, phone number, email address, and password. 

Your Account and password are personal to you, and you are responsible for maintaining the confidentiality of your Account password, and for all activities that occur under your Account. You may not transfer or share your Account password, and agree to prohibit anyone else from using your Galileo Account. Galileo reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account, including the right to revoke your access to the Site with or without cause. Under no circumstances shall Galileo be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site or your release of your Account or Account password to a third party.

7. Eligibility to Use the Site

The Site and Services are only for users of the age of 18. If you are under the age of 18, or are a minor under applicable law, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at privacy@galileohealth.com

Specifically, to be eligible to use the Site, you must meet the following criteria and, by agreeing to these Terms, represent and warrant that you: (a) are 18 years of age or older; (b) are a legal resident of the United States and located in a State where the Services are available; (c) have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site; (d) will only maintain one Account at any given time; and (e) have full power and legal authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party, and will comply with these Terms at all times.

8. Access Rights and Restrictions

Subject to these Terms and the payment of all applicable fees, Galileo grants you a limited, revocable, non-transferable, non-exclusive license to use Site and Services solely for your personal and non-commercial use.  All rights not expressly granted to you in these Terms are reserved and retained by Galileo or its licensors, suppliers, publishers, rights holders, or other content providers. 

You agree not to (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) impersonate or misrepresent your identity or falsely state or misrepresent your current location, medical history, information about your medical condition, or your affiliation with a person or entity; (iii) promote, encourage, or engage in defamatory, abusive, libelous, obscene, threatening, or otherwise objectionable behavior; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (iv) use robots or scripts with the Site; (v) distribute viruses or other harmful computer code through the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) harvest or collect PHI about any other individual who uses the Site or the Services; (ix) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties; or (x) otherwise use the Services or Site in any manner that exceeds the scope of use granted above.

Galileo reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. Violations of system or network security may result in civil or criminal liability. Galileo will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. 

9. Feedback; Testimonials

If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you. Galileo will never publish your name or other identifying information in connection with any testimonial unless you have given us your prior approval. Galileo may republish any publicly available review, comment, or testimonial about Galileo or the Site on its websites or in other media. 

10. Consent to Receive Electronic Communications 

By creating an Account, you consent to receive electronic communications from Galileo (e.g., via email, push notifications on your tablet or mobile device, by posting notices to the Site). These communications may include notices about your Account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We also may send you informational communications via push notifications, including, but not limited to, notifications about care plans, progress tracking, prescription fulfillment, appointment reminders, etc. You may disable these notifications directly through your tablet or mobile device settings. Please note that if you choose to stop receiving these push notifications from us you may not receive important and helpful information and reminders about your progress and treatment. We also may send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving promotional emails at any time by following the unsubscribe instructions provided in the email. 

By providing your phone number to us through the Site, you consent to be contacted by or on behalf of Galileo and the Medical Group at the number you have provided, including calls and/or text messages regarding the Services. Message and data rates may apply. You can opt-out of any further text messages by replying “STOP” or by emailing us at support@galileohealth.com. 

11. Terms of Sale – These Terms of Sale govern any purchases and other transactions made on the Site. If your employer invited you to register for an account, then these Terms of Sale in Section 11 may not apply to you, unless you make additional purchases on the Site. 

11.1. Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor, Stripe) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (each, a “Transaction”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Transaction may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Transaction. If you want to change or update your payment method information, you can do so at any time by logging into your account. 

You acknowledge that the amount billed may vary due to promotional offers, preferences you select, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.

11.2. Continuous Subscription; Cancellation Policy

When you register for a subscription (“Subscription”), you expressly acknowledge and agree that (a) Galileo (or our third-party payment processor) is authorized to charge you on an annual or monthly basis, as applicable, for your Subscription (in addition to any applicable taxes and other charges) for as long as your Subscription continues, and (b) your Subscription is continuous until you cancel it or we suspend or stop providing access to the Site in accordance with these terms.  You may cancel your Subscription at any time by going to the My Membership tab in the Account Settings section of your Profile in the app.

11.3. Free or Discounted Trials

From time to time, to the extent legally permitted, we may offer free or discounted trials of certain Subscriptions for specified periods of time without payment. If we offer you a free or discounted trial, the specific terms of your trial will be provided in the marketing materials describing the particular trial or at registration. Free and discounted trials are limited to one (1) per person. 

Once your free or discounted trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes and other charges) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of your free or discounted trial. Instructions for canceling your Subscription are described above. Please note that you may not receive a notice from us that your free or discounted trial has ended or that the paid portion of your Subscription has begun. We reserve the right to modify or terminate free and discounted trials at any time, without notice and in our sole discretion. 

11.4. Pricing and Availability

All prices on our Site are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice, including without limitation, as based on geographic or other criteria as we may establish from time to time. We will not, however, be able to notify you of changes in any applicable taxes.

All of our services are subject to availability, and we reserve the right to impose quantity limits on any Transaction, to reject all or part of a Transaction, and to discontinue offering certain services without prior notice. If you purchased an annual Subscription, you agree that, within the 365-day period beginning on the date of you purchase your Subscription and each renewal year thereafter, you are limited to thirty-six (36) clinical visits during such 365-day period as part of your Subscription. If you purchased a monthly Subscription, you agree that, within each calendar month beginning on the date of you purchase your Subscription and each renewal month thereafter, you are limited to six (6) clinical visits during such monthly period as part of your Subscription. Unused clinical visits do not rollover to subsequent renewal periods.

11.5. Refunds

Galileo will issue a Subscription refund to you if you have not yet engaged with the clinical team, or if you purchased a Subscription but could not receive care due to age or location restrictions. Except for the foregoing scenarios, all sales are final.

11.6. Customer Service

If you have any questions or concerns relating to your order, please contact us at support@galileohealth.com.

12. Intellectual Property

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are the property of Galileo, the Medical Group, or its licensors or suppliers, as applicable, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, create derivative works of, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Galileo trademarks, service marks, and logos are strictly prohibited without the prior written permission of Galileo. 

13. Links to Other Sites 

Galileo makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Galileo site, please understand that it is independent from Galileo, and that Galileo has no control over the content on that website. In addition, a link to a non-Galileo website does not mean that Galileo endorses or accepts any responsibility for the content, or the use, of the linked site. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites. 

14. Disclaimer of Warranties 

GALILEO DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. GALILEO DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. 

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. GALILEO DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY GALILEO ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY GALILEO OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. GALILEO DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. GALILEA MEDICAL GROUP PROVIDERS DO NOT PRESCRIBE DEA CONTROLLED SUBSTANCES, SUCH AS THOSE CONTAINING OPIOIDS OR AMPHETAMINES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. GALILEO DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.

15. Limitation of Liability Regarding Use of Site 

EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION: 

GALILEO SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE MEDICAL GROUP OR THE PROVIDERS. GALILEO AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF GALILEO TO YOU WITH RESPECT TO YOUR ACCESS OR USE OF THIS SITE OR ANY CONTENT OR MATERIALS THEREIN SHALL NOT EXCEED THE GREATER OF (I) THE FEES YOU PAID TO GALILEO IN THE THREE (3) MONTHS PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE, OR (II) $100 (ONE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

16. Indemnification

You agree to defend, indemnify, and hold harmless the Galileo Parties from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Galileo, the Medical Group, or any Provider or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

17. Dispute Resolution; Binding Arbitration 

Please read the following sub-sections carefully because they require you to arbitrate certain disputes and claims with Galileo and limits the manner in which you can seek relief from us, including a class action waiver. This Section 17 applies to all Disputes (unless excluded under Section 17) between you and the Galileo Parties. 

17.1. Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Galileo agree (a) to waive your and Galileo’s respective rights to have any and all disputes arising from or related to these Terms, or the Site, resolved in a court, and (b) to waive your and Galileo’s respective rights to a jury trial. Instead, you and Galileo agree to arbitrate disputes through binding arbitration (which is the referral of a dispute to one or more persons charged with reviewing the dispute and making a final and binding determination to resolve it instead of having the dispute decided by a judge or jury in court).

17.2. No Class Arbitrations, Class Actions or Representative Actions

You and Galileo agree that any Dispute arising out of or related to these Terms or the Site is personal to you and Galileo and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Galileo agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Galileo agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

17.3. Federal Arbitration Act

You and Galileo agree that these Terms affect interstate commerce and that the enforceability of this Section 17 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

17.4. Notice; Informal Dispute Resolution

You and Galileo agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Galileo shall be sent by certified mail or courier to Galileo, Inc. Attn: Legal Dept., 319 Lafayette St, Suite #151, New York, NY 10012. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 6 and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Galileo cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Galileo may, as appropriate and in accordance with this Section 17, commence an arbitration proceeding or, to the extent specifically provided for in Section 17.1, file a claim in court.

17.5. Process

Except for Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Galileo agree that any Dispute must be commenced or filed by you or Galileo within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Galileo will no longer have the right to assert such claim regarding the Dispute). You and Galileo agree that (a) any arbitration will occur (i) in the State of Delaware, (ii) in the county where you reside, or (iii) telephonically, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth herein (“AAA Rules”), which are hereby incorporated by reference, and (c) that the seat of the arbitration shall be Wilmington, Delaware and that state or federal courts of the State of Delaware and the United States, respectively, sitting in Wilmington, Delaware, have exclusive jurisdiction over any litigation in aid of arbitration and the enforcement of any arbitration awards. The parties shall attempt to agree on the single arbitrator to be appointed to resolve the Dispute. If the parties are unable to reach agreement within 30 days after commencement of the arbitration with the AAA, the arbitrator selection process identified in the AAA Consumer Arbitration Rules shall apply.  You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court. Each party shall be responsible for its costs incurred in such arbitration, but the arbitrator shall not have the authority to re-allocate those costs in an award or otherwise. If you cannot afford to pay for the arbitration, you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. As part of the arbitration, both you and Galileo will have the opportunity to reasonable discovery of non-privileged information that is relevant and material to the Dispute, including the ability to request from each other, and third parties, documents, information and testimony that is relevant and material to the Dispute. 

17.6. Authority of Arbitrator

As limited by the FAA, these Terms and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. 

17.7. AAA Rules

The AAA Rules and additional information about the AAA are available on the AAA website.  By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the AAA Rules, or (b) waive your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason.

17.8. Severability

If any term, clause or provision of this Section 17 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 17 will remain valid and enforceable. Further, the waivers set forth in Section 17.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

17.9. Opt-Out Right

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 17 by writing to support@galileohealth.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17.

18. Governing Law

These Terms, and your access to and use of the Site shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, without regard to conflict of law rules or principles (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved on an individual basis in the state or federal courts of the State of Delaware and the United States, respectively, sitting in Wilmington, Delaware.

19. Application Support

All questions and requests relating to Site support must be directed to Galileo. To submit a support request, please email us at support@galileohealth.com. Galileo will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Site at any time, without notice.

20. International Users

Use of the Site is intended solely for residents of the United States. The Site may contain content, services, or information otherwise not accessible or valid in your country. Access to the Site from outside the United States is at your own risk, and Galileo does not take responsibility for your use of the Site. Any offer for any product or service made on the Site is void where prohibited by law.

21. Assignment

You may not assign, transfer, or delegate the Terms of Use or any part thereof without Galileo’s prior written consent. Galileo may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties. 

22. Right to Modify Terms of Use

Galileo may change, add, or delete portions of these Terms at any time on a going-forward basis. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Site or updating the “Last Modified” date at the beginning of these Terms. Continued use of the Site and/or Services following such notice will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms, including such changes. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such term will be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect. These Terms constitute the entire agreement between Galileo and you pertaining to the subject matter hereof.