Governing Law and Dispute Resolution

Governing Law

These Terms and your use of the Well-Check App and Site shall be governed by and construed in accordance with the laws of the United States and the laws of the State in which Well-Check, LLC is registered, without regard to its conflict of law principles.
You agree that any legal questions, claims, or disputes will be governed exclusively under these laws.

 

Dispute Resolution; Binding Arbitration

You agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Well-Check App or Site, or the relationship between you and Well-Check, LLC (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) shall be resolved through final and binding arbitration, rather than in court.

Arbitration shall be conducted in the state and county of the company’s legal registration, before a single neutral arbitrator, and administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at:
https://www.adr.org/consumer

You and Well-Check, LLC agree:

  1. The arbitration shall be confidential.
  2. The arbitrator has exclusive authority to resolve any dispute relating to interpretation, enforceability, or scope of this arbitration agreement.
  3. The arbitrator may award any relief available in court, including injunctive relief and damages, to the extent permitted under these Terms.

 

Class Action Waiver

To the fullest extent permitted by law, you and Well-Check, LLC each waive any right to bring disputes as part of a class action, class arbitration, or other representative proceeding.
Claims must be brought individually, not as part of a group.

 

Right to Opt Out

You may opt out of this arbitration provision within 30 days of first using the App by sending written notice to:

Well-Check, LLC
Email: support@well-check.com
Subject line: “Arbitration Opt-Out Request”

Your opt-out request must include your:

  1. Full legal name
  2. Email associated with your Well-Check account
  3. Statement that you do not agree to arbitration

Opting out does not affect your other obligations under these Terms.

 

Small Claims Court Option

Either party may choose to bring an individual claim in small claims court instead of arbitration, so long as the claim meets that court’s requirements and is brought on an individual basis only.

 

Indemnification

You agree to indemnify, defend, and hold harmless Well-Check, LLC, and its officers, directors, employees, contractors, partners, suppliers, and agents, from and against any claims, liabilities, damages, losses, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or in any way connected with:

  1. Your access to or use of the Well-Check App or Site,
  2. Your failure to complete a scheduled check-in,
  3. Any actions or inactions of your selected contacts,
  4. Your violation of these Terms or any applicable law,
  5. Any misrepresentation or misuse of the App, including reliance on it as an emergency response or medical monitoring service.

You acknowledge that you are solely responsible for choosing contacts who are capable and willing to respond if notified, and for ensuring your device and notification settings are functioning properly.

 

Limitation of Liability

To the fullest extent permitted by law, Well-Check, LLC and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Personal injury or death,
  • Emotional distress,
  • Loss of data, income, or profits,
  • Service interruption,
  • Device or technology failures,
  • Reliance on notifications or alerts generated by the App,
  • Failure of contacts to receive or respond to notifications.

Well-Check does not monitor check-ins in real time and does not contact 911, emergency services, or third-party responders under any circumstances.
The App is not a medical service, monitoring service, or emergency notification system.

Your use of the App is at your sole risk.

In no event shall the total liability of Well-Check, LLC exceed the amount you paid, if any, in the twelve (12) months preceding the event giving rise to the claim.
If you do not agree to these limitations, you must discontinue use of the App.