We will try work in good faith to resolve any issue you have with Site, web and mobile applications, including Products and Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department.  However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

You and Ayuda Health agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms or your use of the Site, including Products and Services ordered or purchased through the Site, or web or mobile application, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court.  Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts.  Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim.  Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court.  You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Ayuda Health are each waiving the right to a trial by jury or to participate in a class action.  This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and Ayuda Health.

If you desire to assert a claim against Ayuda Health, and you therefore elect to seek arbitration, you must first send to Ayuda Health, by certified mail, a written notice of your claim (“Notice”).  The Notice to Ayuda Health should be addressed to: Ayuda Health 1000 Brickell Avenue, Suite 715 PMB 5268, Miami FL 33131.

If Ayuda Health desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you.  A Notice, whether sent by you or by Ayuda Health, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”).  If Ayuda Health and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Ayuda Health may commence an arbitration proceeding or file a claim in small claims court.  During the arbitration, the amount of any settlement offer made by Ayuda Health, or you shall not be disclosed to the arbitrator.  You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org.  If you are required to pay a filing fee, after Ayuda Health receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000.  The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA.  The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address.  The arbitrator is bound by the terms of these Terms.  All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this arbitration agreement.  Unless Ayuda Health and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator).  If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.  If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.  If the arbitrator issues you an award that is greater than the value of Ayuda Health’s last written settlement offer made before an arbitrator was selected (or if Ayuda Health did not make a settlement offer before an arbitrator was selected), then Ayuda Health will pay you the amount of the award or US $1,000, whichever is greater.  Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.  Each party shall pay for its own costs and attorneys’ fees, if any.  However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND AYUDA HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, unless both you and Ayuda Health agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.  The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Washoe County, Nevada.