Effective Date: 5 September 2019
These Terms and Conditions are a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and TeloPoint, Inc (collectively “TeloPoint”, we,” “our,” “us”) concerning your access to and use of www.telopoint.com operated by TeloPoint, Inc or its affiliates and subsidiaries that link to or incorporate these Terms and Conditions (the “Online Services”). Your access to and use of the Online Services and the information, materials, products, tools, and services available through the Online Services are subject to these Terms and Conditions, regardless of whether you possess or do not possess an account through the Online Services linked to your name and/or contact information (“Account”). By accessing or using the Online Services, you acknowledge that you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not understand or agree to be bound by these Terms and Conditions, then you are expressly prohibited from assessing do not access or use the Online Services.
If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. Supplemental terms and conditions or documents, that may be posted on this Online Services from time to time, are expressly incorporated herein by reference. In the event of any inconsistency between these Terms and Conditions and any Online Service-specific terms and conditions, the Online Service-specific terms conditions shall govern with respect to your access to and use of that Online Service.
We reserve the right, in our sole discretion, to make changes, or modifications to these Terms and Conditions from time to time. Any changes will be effective immediately upon posting the modified Terms and Conditions to the Online Services and notified by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. You are responsible for periodically reviewing these Terms and Conditions to stay informed of updates. Continued use of the Online Services, after the date any revised Terms and Conditions are posted, will be deemed as your acknowledgment and acceptance of the changes in any revised Terms and Conditions.
The information provided on the Online Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. If you choose to access the Online Services from other locations, do so on your own initiative.
The Online Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Online Services.
User Conduct and Activities
You may not access or use the Online Services for any purpose other than that for which we make the Online Services available. The Online Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Online Services, you agree not to:
- make any unauthorized use of the Online Services.
- collect and store information about other users of the Online Services, including usernames and e-mail addresses.
- use any automated means or technical tools known as robots, spiders, or scrapers to collect information or content from or access the Online Services
- circumvent, disable, or otherwise interfere with the Online Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Online Services and/or the Content contained therein.
- attempt to gain unauthorized access to any portion or feature of the Online Services or any other systems or networks connected to the Online Services
- use any information obtained from the Online Services in order to harass, abuse, or harm another person.
- defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
- violate the copyright or other proprietary rights from any Content.
- reverse engineer, copy, or adapt the Online Services software including any code.
- make improper use of our services or submit false reports of abuse or misconduct.
- use the Online Services to advertise or offer to sell goods and services.
- disrupt, interfere, or create an undue burden on the Online Services, its networks, or services connected to the Online Services.
- attempt to impersonate another person or user.
- use the Online Services for the purpose of competing with us, any revenue-generating, or any commercial enterprises.
- attempt to bypass or probe vulnerability any measure of authentication or security of the Online Services or any network connected to the Online Services.
- harass any of our customers, employees, or agents engaged in providing any portion of the Online Services to you.
- upload, or transmit (or attempt to upload or to transmit) viruses, trojan horses, or other material that interferes, modifies, disrupts, or destroys the features, functions, operation, or maintenance of the Online Services.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including web bus, cookies, spyware, or any passive collection mechanisms.
- use, launch, develop, or distribute any automated system, including but not limited to any spider, robot, cheat utility, scraper, script, offline reader, or other software that accesses the Online Services without permission.
- disparage, tarnish, or harm, in our opinion, us and/or the Online Services.
- use the Online Services in a manner inconsistent with any applicable laws or regulations.
You may be required to register with the Online Services. You agree to keep your login ID and password confidential and will be responsible for all use of your account and password. You agree to notify us immediately of any unauthorized use of your login ID, password, or Account, or any other breach of security involving access to the Online Services through your Account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or Account as a result of your failing to keep your Account information secure and confidential.
Intellectual Property Rights
TeloPoint owns the Online Services. All materials including source code, databases, software, website designs, audio, video, text, photographs, and graphics on the Online Services (collectively, the “Content”) as well as the trademarks, service marks, and logos contained therein (the “Marks”) are protected by copyright, trademark laws, and other intellectual property rights. You may use these materials provided on the Online Services for your information and personal use only within the scope of the Terms and Conditions. No unauthorized use of the Contents or Marks on the Online Services may be made without express written permission from TeloPoint.
Nothing contained on the Online Services should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademark displayed on the Online Services without the written permission of TeloPoint or the third-party owner of the trademark. The Online Services may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Provision of User Information
You agree that (1) all information you provide to us will be true, accurate, current, and complete, and you will not attempt to impersonate another individual; (2) you will maintain such information true, accurate, current, and complete. You are responsible for promptly updating such registration information as necessary; (3) you will comply with these Terms and Conditions.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Online Services or any portion thereof.
We will maintain certain data that you transmit to the Online Services for the purpose of managing the performance of the Online Services, as well as data relating to your use of the Online Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Online Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions, and Signatures
Visiting the Online Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Online Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Online Services. You hereby waive any rights or requirements under any statutes, regulations, or other laws in any jurisdiction, which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Guidelines for User-Uploaded Contents
You agree that you are solely responsible all information, data, or any other materials that you upload, post, publish, transmit, or display on the Online Services including information you share with or make available to other users of the Online Services ("User-Provided Content"). Furthermore, you understand that by using the Online Services, you may be exposed to User-Provided Content that is offensive, indecent, or objectionable. We do not control or guarantee the accuracy, integrity, or quality of any User-Provided Content. Under no circumstances will we be liable, in any way, for or related to any User-Provided Content, including, but not limited to, for any errors or omissions in any User-Provided Content, or for any loss or damage of any kind incurred as a result of the publication or use of or reliance on any User-Provided Content uploaded, posted, transmitted, published, displayed, or otherwise made available through the Online Services. By making available User-Provided Content, you agree that all your User-Provided Content (1) does not violate these Terms and Conditions; (2) will not conflict with any provisions of any contract, agreement, or law to which you are currently bound or will become bound in the future; (3)will not cause any harm to any person or entity.
When posting a review: (1) you must have firsthand experience with the person/entity being reviewed: (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your review should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to pose reviews, whether positive or negative. TeloPoint may accept, reject, or remove reviews in our sole discretion. We do not endorse reviews, and reviews do not necessarily represent our opinions or views. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
By posting any User-Provided Content, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to such User-Provided Content. You hereby waive all moral rights to any such User-Provided Content, and you hereby warrant that any such User-Provided Content are original with you or that you have the right to submit such User-Provided Content. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your User-Provided Content.
Third Party-owned Websites and Content
The Online Services may contain content such as articles, sound or graphic materials, information, applications, software, and other items belonging to or originating from third parties (“Third-Party Content”), or we may provide links to other websites (“Third Party Websites”). You agree that we are not responsible for any Third-Party Websites or Third-Party Content accessed through, posted on, available through, or installed from the Online Services for the accuracy, collection, use, disclosure, or protection of information, copyright compliance, legality, decency, or any other aspect of Third-Party Websites or Third-Party Content that are linked to from the Online Services or accessed through them.
To use or install any Third-Party Content and/or Third-Party Websites, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You are encouraged to review the applicable terms and policies of such Third-Party prior to accessing their sites or contents. You acknowledge and agree that we do not endorse any Third-Party Content or the products/services offered on Third-Party Websites, and you shall hold us harmless from any harm caused to you relating to or resulting in any way from any Third- Party content or any contact with Third-Party Websites.
Mobile Applications and Licences
If you access the Online Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions. You shall not: (1) reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules or regulations in connection with your access or use of the application;(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any commercial enterprise or other purpose for which it is not designed or intended; (6) use the application to send automated queries to any website or to send any unsolicited commercial email; or (7) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Operation of Online Services
We reserve the right, at our sole discretion without limitation, notice, or liability, to: (1) monitor and restrict, suspend, or disable your access to the Online Services or any portion thereof including but not limited to for your violation of these Terms and Conditions; (2) take appropriate legal action against anyone who violates the law or these Terms and Conditions; (3) remove from the Online Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (4) modify, change, or interrupt the Online Services, or any portion thereof as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Online Services; and (5) otherwise manage the Online Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Online Services.
We take safeguarding your privacy very seriously. We only collect and maintain records containing your personal information that are necessary for conducting business and providing services properly. To the extent that we handle your protected health information (“PHI”), we are required by law. Our Notice of Privacy Practices describes how we use PHI.
Additionally, by using the Online Services, you agree to be bound by our Privacy Statement
posted on the Online Services referenced in these Terms and Conditions. The Online Services are hosted in the United States. If you access the Online Services from any other regions of the world with laws or other requirements governing collection, use, or disclosure of personal data that differ from applicable laws in the United States, then through your continued use of the Online Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Online Services as quickly as reasonably possible.
Insurance Coverage and Liability
We do not process or accept any form of insurance, private or federal programs, as payment. All payments are “fee for service” and are the responsibility of the ordering party. A valid credit or debit card payment method is required to schedule, confirm, and secure an appointment with TeloPoint. Fees for services are priced as marked and agreed upon by using this website, ordering services, and scheduling appointments through the TeloPoint Online Services.
Ordering Documentation Requirements
TeloPoint will only accept and service valid, official laboratory requisitions ordered and signed by physicians in physical or electronic format. Invalid requisitions, including unofficial documentation, handwritten orders without physician’s signature, or illegible documentation will not be accepted. If you present a requisition document that is unacceptable for any reason after an appointment has been confirmed, we will notify you, and you will be required to submit valid order documentation. If you cannot provide valid documentation, your order will be terminated. TeloPoint cannot prescribe or generate laboratory test requisitions nor modify or add any additional tests to an existing requisition without valid physician’s documentation.
Access to Laboratory Test Results
TeloPoint is only responsible for collecting specimens and delivering them to the designated labs. We do not perform specimen analysis and will not have access to or be responsible for delivering, facilitating, or communicating laboratory test results. If you have any questions regarding your laboratory test results, please contact your ordering physician.
Service Fees and Payments
- Service fees and discounts are presented to you at the time of scheduling and are non-negotiable. Prices are subject to change without notice. Your fees will be processed upon confirmation of your appointment.
- A valid credit or debit card payment method is required to schedule and confirm an appointment using our online platform. TeloPoint will process payment to the credit or debit card provided upon your confirmation of the appointment.
- All payments and charges are handled automatically on a secure platform only. TeloPoint field technicians CANNOT ACCEPT FEE PAYMENTS.
You may cancel appointments by following the instructions after logging into your TeloPoint account. The following restrictions apply:
- You may cancel AT LEAST THREE (3) HOURS BEFORE YOUR CONFIRMED APPOINTMENT time on the Online Services to receive a full refund.
- If you cancel within a three (3) hour window before your confirmed appointment time, on the Online Services, 50% of the paid amount will be refunded. In addition, you will receive a 25% discount on your next confirmed appointment.
- All refunds are credited to the same payment method used for your appointment. It may take up to ten (10) business days for the refunds to be credited to your payment method.
No-shows and Abandoned or Non-compliant Appointments
- There will be NO REFUNDS toward forgotten, abandoned, denied, refused, or otherwise non-compliant appointments. Non-compliant appointments are requests we can not complete because you did not follow your physician's instructions, including fasting requirements or other instructions.
- You are responsible for entering correct information necessary for us to provide the service. If we cannot provide the service due to incorrect information (including the date, time, or address of the appointment) or absence of physician’s prescription, then the customer will receive NO REFUND.
Rescheduling Confirmed Appointments
Rescheduling or modifying your confirmed appointments can be processed from the downloaded calendar appointment, or from the SMS reminder notification sent to you at the time of confirmation. You may modify or reschedule NO LESS THAN THREE (3) HOURS before your original scheduled appointment time in order to avoid any additional fees. You may also reschedule or modify an appointment within three (3) hours before your confirmed appointment time window for an ADDITIONAL SERVICE FEE OF 25% OF THE LISTED PRICE, which will be automatically charged to the payment method used for the original appointment.
Term and Termination
These Terms and Conditions are effective while you use the Online Services unless and until modified or terminated by TeloPoint. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Online Services to any person for any reason. We may terminate your use of or participation in the online services or delete your account and any content or information that you posted at any time, without warning in our sole discretion, in which case, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. We reserve the right to take appropriate legal action.
These Terms and Conditions and your use of the Online Services are governed by and construed in accordance with the laws of the State of Delaware to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Online Services; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Online Services with whom you connected via the Online Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL TELOPOINT OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATE, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE ONLINE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
THERE MAY BE INFORMATION ON THE ONLINE SERVICES THAT CONTAINS ERRORS, INACCURACIES, OMISSIONS, OR VIRUSES OR OTHER HARMFUL COMPONENTS. ACCESS TO THE ONLINE SERVICES MAY BE INTERRUPTED FOR ANY REASON AT ANY TIME. THE ONLINE SERVICES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE ONLINE SERVICES AND OUR SERVICES WILL BE AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHOULD YOU USE INFORMATION FOUND ON THE ONLINE SERVICES TO REPLACE ANY INFORMATION OR ADVICE FROM YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL, OR RELY ON THAT INFORMATION AS PROFESSIONAL MEDICAL ADVICE.
TELOPOINT, ITS AGENTS, OR ANYONE ELSE INVOLVED IN THE ONLINE SERVICES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE ONLINE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE ONLINE SERVICES, AND WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM MATERIALS, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ONLINE SERVICES, (4) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (5) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE ONLINE SERVICES, (6) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE ONLINE SERVICES BY ANY THIRD PARTY. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ONLINE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS AND TO CHANGE OR UPDATE THE INFORMATION ON THE ONLINE SERVICES AT ANY TIME, WITHOUT PRIOR NOTICE.
These Terms and Conditions and the resolution of any dispute related to these Terms and Conditions shall be construed in accordance with the laws of Delaware. Any dispute brought by either you or us (a “Party”) related to these Terms and Conditions shall be resolved exclusively by the state and federal courts of the State of Delaware.
The Online Services can be accessed from the United States and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of Delaware, without regard to any principles of conflicts of law, will apply to all matters relating to your use of the Online Services. TeloPoint makes no representation that material on the Online Services is appropriate or available for use in other locations and accessing this information from territories where the content is illegal or prohibited. You may choose to access the Online Services from other locations your own initiative and are responsible for compliance with local laws.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions between the Parties, the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
New York Users and Residents
If you have an unresolved complaint:
Or, submit TWO copies of the completed form and related documents (e.g., store receipts, warranties, contracts, etc.). Do not send originals.
- Mailing Address:
NYC Department of Consumer Affairs
Consumer Services Division
42 Broadway, 9th Floor
New York, NY 10004
These Terms and Conditions or any policies posted by us on the Online constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not mean a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
In order to resolve a complaint regarding the Terms & Conditions or to receive further information regarding the Terms & Conditions, please contact us:
85 Broad Street, 28th Floor
New York, NY 10004
Phone: (646) 952-8558