Charges & Financial Obligations · Restriction or exception
You receive Care at your own risk and bear equipment and data servicing costs
The Practice Parties make no warranty that the Care will be available, error free, or free of computer viruses or similar contamination or destructive features. If receiving the Care results in a need to service or replace equipment or data, the Practice says it will not be responsible for those costs. You agree that you receive the Care at your own risk.
Supporting quotations
FURTHER, THE PRACTICE PARTIES MAKE NO WARRANTY THAT THE CARE WILL BE AVAILABLE ERROR FREE OR THAT THE CARE IS FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES
IF YOUR RECEIPT OF THE CARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS
YOU AGREE THAT YOU RECEIVE THE CARE AT YOUR OWN RISK.
Charges & Financial Obligations · Restriction or exception
Liability is capped at the greater of $100 or the statutory remedy
To the fullest extent permitted by law, the Practice Parties will not be liable to you for more than the greater of $100 or, if applicable, the statutory remedy or penalty imposed by the statute under which the claim arises. The cap does not apply to liability of a Practice Party for death or personal injury caused by its negligence, or for injury caused by its fraud or fraudulent misrepresentation. The agreement calls the damage limitations a fundamental element of the basis of the bargain between the Practice and you.
Supporting quotations
THE PRACTICE PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (i) $100; OR (ii) IF APPLICABLE, THE STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES
THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF A PRACTICE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A PRACTICE PARTY’S NEGLIGENCE; OR (B) ANY INJURY CAUSED BY A PRACTICE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PRACTICE AND YOU.
Not stated here
The cap's carve-outs are the two listed; the text does not say how the cap applies to other kinds of claims or injuries.
Charges & Financial Obligations · Procedure
Arbitration is in your county unless batched; you pay NAM fees as scheduled
Unless you and the Practice otherwise agree, or the Batch Arbitration process is triggered, the arbitration, including any in-person hearing, is held in the county where you live. If NAM is not available, the parties select another arbitral forum. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties. Your responsibility to pay NAM fees and costs is solely as set out in the applicable NAM fee schedules. In a batch, the hearing, if any, takes place where the arbitrator decides, and the fees of the Administrative Arbitrator who decides whether batching applies are paid by the Practice.
Supporting quotations
Unless you and Practice otherwise agree, or the Batch Arbitration process discussed in the subsection entitled “Batch Arbitration” below is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in the county where you reside.
Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration.
If NAM is not available to arbitrate, the parties will select an alternative arbitral forum.
Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”).
one hearing (if any) in a place to be determined by the arbitrator
The Administrative Arbitrator’s fees shall be paid by Practice.
Not stated here
The NAM fee schedules are not part of this text, so the amounts you could owe are not stated.
The text does not define the scope of the "limited and reasonable" exchange of information.
Charges & Financial Obligations · Procedure
A rejected written offer can shift post-offer costs to the other party
At least fourteen days before the arbitration hearing date, any party may serve a written offer to allow judgment on specified terms. If the other party does not accept it and then fails to obtain a more favorable award, that party cannot recover post-offer costs it would otherwise be entitled to and must pay the offering party's costs from the time of the offer.
Supporting quotations
at least fourteen (14) days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms
If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
Charges & Financial Obligations · Restriction or exception
Each side pays its own fees unless frivolous; improper claims can lead to reimbursing the Practice
Unless law or the NAM Rules authorize fee shifting, each party bears its own attorneys' fees and costs in arbitration, unless the arbitrator finds the substance of the Dispute or the relief sought in the Demand was frivolous or brought for an improper purpose under the Federal Rule of Civil Procedure 11(b) standards. If the arbitrator determines, after a merits presentation and a reasonable chance to respond, that the party who started the arbitration did not bring its claims consistent with Counsel's Certification and the Rule 11(b) standards, the arbitrator must impose sanctions by ordering the initiating party to reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs it incurred under the Fee Schedules.
Supporting quotations
Unless fee shifting is specifically authorized by law or by the NAM Rules, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules
Qualifications & exceptions
The sanction in the second sentence is directed at the initiating party; the text does not give a matching sanction for the responding party.