Terms & Conditions

You and we explicitly agree that any legal claims, disputes, or controversies between you and us, or any of the Nurse Practitioner in Adult Health of Manhattan PLLC dba vipsiv.com employees, members, providers, independent contractors, that arise from or relate in any way to the Nurse Practitioner in Adult Health of Manhattan PLLC dba vipsiv.com, the Website, the content, or the services provided by Nurse Practitioner in Adult Health of Manhattan PLLC dba vipsiv.com or any associated entities—including issues regarding the applicability, enforceability, or validity of any provision of this agreement (collectively referred to as ‘Disputes’)—will be resolved through confidential binding arbitration conducted by a single commercial arbitrator from the American Arbitration Association (AAA), rather than in court, as outlined herein. The arbitration will follow the AAA’s Commercial Arbitration Rules and, if deemed applicable by the arbitrator, the Supplementary Procedures for Consumer Related Disputes (collectively referred to as ‘Rules and Procedures’). You acknowledge that you are voluntarily and knowingly waiving your right to a jury trial and to pursue litigation in state or federal court, and to participate in a class action lawsuit or class-wide arbitration, except as specifically provided in this agreement.

The costs of arbitration will be determined by the AAA’s fee schedule, unless you can demonstrate that your share of the fees would be prohibitively higher than the costs of litigation. In such cases, the applicable Nurse Practitioner in Adult Health of Manhattan PLLC dba vipsiv.com will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from becoming more expensive for you than litigation would be. Nurse Practitioner in Adult Health of Manhattan PLLC dba vipsiv.com also reserves the sole and exclusive right to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to bear their own attorneys’ fees and expenses, except where a governing statute requires the prevailing party to be awarded their legal fees and costs. Notwithstanding this, Nurse Practitioner in Adult Health of Manhattan PLLC dba vipsiv.com will not attempt to recover any attorneys’ fees or costs incurred in the arbitration proceedings from you if you are a consumer. The arbitration shall be conducted in New York, NY, USA.

Notwithstanding any conflicting provisions in this agreement, if a dispute arises from: (a) a breach of either party’s intellectual property rights in any way; or (b) any claims related to or stemming from allegations of theft, piracy, unauthorized use, or violations of the Computer Fraud and Abuse Act, you and Nurse Practitioner in Adult Health of Manhattan PLLC dba vipsiv.com agree that either party may seek injunctive relief (or similar urgent legal remedies) in a state or federal court located in New York, NY, USA. Both parties consent to the personal jurisdiction of these courts for such matters. Additionally, either party may file an individual claim in small claims court for disputes that fall within that court’s jurisdiction instead of pursuing arbitration, provided that the case remains in small claims court and proceeds solely on an individual basis (not as a class or representative action).

All disputes that fall under arbitration as outlined in this agreement must be resolved individually and cannot be handled as part of a class, collective, or representative action. No party is permitted to pursue any claim eligible for arbitration in the capacity of a private attorney general, as a representative, or as a participant in any alleged class action. Claims from multiple customers or users cannot be combined or consolidated with those of others. Additionally, no arbitration proceedings may be merged or joined with any other arbitration. The arbitrator is authorized to grant relief (which may include monetary, injunctive, and declaratory relief) solely for the individual party seeking such relief and only to the extent necessary to address that party’s specific claims.

If a ruling determines that the applicable law prevents the enforcement of any limitations in this paragraph regarding a specific claim or request for relief, then that particular claim or request for relief will be separated from the arbitration process and may only be pursued in the state or federal courts in New York, NY, USA, while still allowing the parties to appeal the decision. All other claims or requests for relief will continue to be resolved through arbitration. The parties acknowledge that any claims or requests for relief that are separated from arbitration cannot proceed in litigation and will be put on hold until all remaining claims in arbitration are fully resolved. Additionally, the parties consent to the personal jurisdiction of the federal and state courts in New York, NY, USA, for addressing any claims or requests for relief that are severed from arbitration as outlined in this paragraph.

Before initiating arbitration for a dispute, you are required to send us a written Notice of Dispute that includes your name, residential address, username (if applicable), and the email address linked to your User Account (if applicable), along with a detailed explanation of the dispute and the relief you are seeking. Similarly, before we initiate arbitration against you, we will send you a written Notice of Dispute that outlines our claims and the relief we are pursuing. Any Notice of Dispute you submit should be sent via our contact form by clicking here. Attention: Dispute Notice. If we cannot resolve the dispute within 90 days after receiving the applicable Notice of Dispute, either party may proceed with arbitration. Furthermore, regardless of any other provisions in this Agreement, if we make any significant changes to the terms governing arbitration or dispute resolution in the future, those changes will not affect any dispute for which either party has already provided a written Notice of Dispute as specified in this paragraph.