Terms & Conditions

The following terms and conditions (the “Terms of Use”) govern the use by you the Patient (“I”, “Me,” “My,” “You,” and “Your”) of the Raday Management website at https://www.elixiumhealth.com, any mobile device application and any other technology platforms and resources (collectively, “Sites”) provided by Raday Management Group LLC d/b/a Elixium (“Raday Management”). These Terms of Use also govern Your access to and use of the Services (defined below) furnished by the Practice (defined below) and its Providers (defined below). You, Raday Management, and the Practice may be referred to herein individually as a “Party” and collectively as the “Parties.”

By clicking the ‘I Agree and Consent’ link, you acknowledge that You have read, understand, and accept all terms and conditions contained within these [Terms of Use – hyperlinked] and [Consent to Treatment Using Telehealth Technology – hyperlinked]. If You do not agree to be bound by these terms, You are not authorized to access of use this Site or Services; PROMPTLY EXIT THIS SITE.

1. General Terms

Raday Management provides certain non-clinical administrative services and licenses technology to Elixium Medical Physicians PA, a Colorado professional association (the “Practice”) and the Practice’s engaged healthcare providers (“Providers”). The Practice and its Providers use the Sites to assist them in providing their patients various health care services through the use of telehealth technology (collectively, “Services”). Raday Management does not diagnose or treat any medical condition, provide any healthcare service, or assert any influence over the Practice or its Providers.

To the extent that any content of or obtained through the Sites is in conflict or inconsistent with these Terms of Use, these Terms of Use shall control. Any express waiver or failure to exercise promptly any right under these Terms of Use by Raday Management or the Practice will not create a continuing waiver or apply to any future non-compliance. If any provision of these Terms of Use is held invalid under applicable laws or by any court of competent jurisdiction, the Parties agree that such provision will be replaced with a new provision that accomplishes the original purpose, and the other provisions of these Terms of Use will remain in full force and effect.

2. Services

No Medical Care or Advice by Raday Management

Raday Management offers an online communication platform for Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers.

The Practice does not provide medical advice or care. The Providers deliver clinical services via the Raday Management platform to their patients. Providers are independently contracted or employed by the Practice. The Providers, and not Raday Management or the Practice, are responsible for the quality and appropriateness of the care they render to You.

The Providers are independent of Raday Management and are merely using the Site as a way to communicate with You. Any information or advice received from a Provider comes from them alone, and not from Raday Management. Your interactions with the providers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Raday Management, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the Site. Raday Management does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that Your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at Your own risk and You assume full responsibility for all risks associated herewith.

Raday Management does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service. You will be provided with an available Provider based solely on the information You submit to the Site. You are ultimately responsible for deciding to accept the Services of Your particular Provider.

The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Raday Management. You should always seek the advice of Your qualified health care professionals with any questions or concerns You may have regarding Your individual needs and any medical conditions. All information provided by Raday Management, or in connection with any communications contacted by Raday Management, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While Raday Management facilitates Your selection of, and communications with, Providers, Raday Management does not provide medical services, and the doctor-patient relationship is between You and the Provider.

Not for Emergencies

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

Raday Management’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If You believe You have an emergency, call 9-1-1 immediately.

You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with Your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions You have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

Risks of Telehealth Services

By using the Services, You acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to Your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of Your health information.

Prescription Policy

Raday Management does not endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.

You agree that any prescriptions that You acquire from a Provider will be solely for Your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if You have any questions regarding the prescription. Raday Management fully honors patient freedom of choice and, if You receive a prescription for a medication, You always have the option to instruct the Provider to transmit that prescription to the pharmacy of Your choice.

Not an Insurance Product

Raday Management is not an insurer. The Services are not insurance products, and the amounts You pay to Raday Management are not insurance premiums. If You desire any type of health or other insurance, You will need to purchase such insurance separately.

THE SERVICES ARE AVAILABLE ONLY TO RESIDENTS OF COLORADO, ILLINOIS, MONTANA, TEXAS, FLORIDA, AND PENNSYLVANIA.

THE PRACTICE DOES NOT ACCEPT INSURANCE OR PARTICIPATE IN ANY INSURANCE NETWORKS OR REIMBURSEMENT PROGRAMS AND IS NOT ABLE TO OFFER SERVICES TO MEDICARE OR MEDICAID BENEFICIARIES AT THIS TIME. THE PRACTICE REQUIRES PAYMENT AT THE TIME OF SERVICE AND WILL NOT BILL INSURANCE OR ACCEPT REIMBURSEMENT FROM INSURANCE OR THE MEDICARE OR MEDICAID REIMBURSEMENT PROGRAMS.

3. Your Obligations and Conduct.

You must: (a) be of legal age and have capacity to agree to these Terms of Use under the laws of the jurisdiction where You are located; (b) provide accurate, current, and complete information about You if You register to access the Services (“Registration Data”); (c) maintain the security of any password and identification information used to access the Sites; (d) maintain and promptly update the Registration Data and any information You provide to Raday Management, the Practice or its Providers to keep such information accurate, current and complete; and (e) acknowledge and accept the risk of loss, damage or unauthorized access of information and Registration Data submitted through or in connection with the Sites before submitting such information and Registration Data.

You must use the Sites in a manner that is lawful, relevant and proper. Any use of the Sites that Raday Management deems in its sole discretion to be inappropriate, abusive and/or offensive may result in suspension and/or termination of Your access to the Sites with or without notice. Specifically, without limitation, You will not:

• Use the Sites for any purpose that is in violation of applicable laws;
• Create an account or accounts on the Sites for fraudulent purposes, or for the purpose of misusing the Sites, including without limitation misappropriating the Sites or any information on the Sites;
• Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or content that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of the Sites or any Raday Management, Practice or Provider device, computer system or network;
• Attempt to gain unauthorized access to the Sites, other patient accounts, or Raday Management, Practice or Provider devices, computer systems or networks connected to the Sites;
• Impersonate another person or allow any other person or entity to impersonate You or use Your credentials to access the Sites;
• Access, download, or copy any information, content and/or materials from the Sites through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting or other such means); or
• Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Sites.

4. Intellectual Property Rights

Raday Management grants You permission (which may be revoked at any time for any reason or no reason) to use the Sites in accordance with these Terms of Use and solely for Your own personal, non-commercial use. No other use is permitted. You may not, for example, incorporate the information, content, or other material on the Site into any database, compilation, archive or cache. Except as specifically authorized by Raday Management, You may not link to the Sites for any purpose or access the Sites manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Sites or any information, content, or material on the Sites. Raday Management reserves all of its statutory and common law rights not expressly granted pursuant to the Terms of Use in and to the Sites and materials and content on the Sites. You may not frame to any pages of the Sites or any content contained therein, whether in whole or in part, without the prior written consent of Raday Management. Raday Management encourages and appreciates when You like or follow Raday Management’s social media accounts or share links to the Site via social networking technology referenced on the Sites.

“Raday Management Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Raday Management uses in connection with its and the Practice’s products and services, including the Sites. You may not remove or alter any Raday Management Trademarks, or use Raday Management Trademarks in any way, including to brand or co-brand Your own products or materials, without Raday Management’s prior written consent. You acknowledge ’s rights in Raday Management Trademarks and agree that any use of Raday Management Trademarks by You shall inure to Raday Management’s sole benefit.

Unless expressly stated herein, nothing in these Terms of Use shall be construed as conferring any license to Raday Management’s intellectual property rights, including Raday Managment Trademarks and Raday Management’s copyrighted materials contained on the Sites. You are permitted to display, copy, distribute and download content owned by Raday Management from the Sites (the “Content”) provided that: (a) Raday Management’s copyright notice pertaining to the Content remains conspicuously visible on the Content, and a permission notice (e.g., “used with permission”) is added to such Content; (b) the use of such Content is solely for Your personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as expressly permitted by valid permission or license covering such materials provided by Raday Management in writing; and (d) You do not modify such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in these Terms of Use. Upon termination, You must immediately destroy all copied, downloaded and/or printed Content.

5. Disclaimer of Warranties

USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. RADAY MANAGEMENT DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. RADAY MANAGEMENT MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, AVAILABILITY OR COMPLETENESS OF THE SITES INCLUDING THE INFORMATION, SERVICES AND CONTENT.

RADAY MANAGEMENT MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PUBLISHED ON, REPRESENTED IN, PURCHASED OR OBTAINED FROM THE SITES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITES WILL BE CORRECTED, EVEN IF RADAY MANAGEMENT IS MADE AWARE OF SUCH ERRORS.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE AND LOSS OR DAMAGE TO DATA ON YOUR COMPUTER SYSTEM OR DEVICE IN CONNECTION WITH ACCESSING THE SITES, AND ANY DAMAGE OR LOSS OF DATA THAT YOU UPLOAD TO OR OTHERWISE TRANSMIT TO THE SITES AND OTHERWISE THAT RESULTS FROM VIEWING OR OBTAINING ANY CONTENT, INFORMATION OR SERVICES FROM THE SITES, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

6. Limitation of Liability

THE SITE OFFERS CERTAIN NON-CLINICAL ADMINISTRATIVE SERVICES AND LICENSES TECHNOLOGY TO INDEPENDENT MEDICAL PRACTICES AND THEIR ENGAGED HEALTH CARE PROVIDERS.

YOU ACKNOWLEDGE THAT RADAY MANAGEMENT HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER, PRACTICE OR PROVIDER ON OR OFF THE SITES AND THAT RADAY MANAGEMENT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY THE PRACTICE OR ITS PROVIDERS. YOU ACKNOWLEDGE THAT RADAY MANAGEMENT IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITES, OF ANY USER, PRACTICE OR PROVIDER. AS SUCH, RADAY MANAGEMENT EXPRESSLY DISCLAIMS, AND YOU HEREBY RELEASE AND HOLD HARMLESS RADAY MANAGEMENT FROM ALL LIABILITY WHATSOEVER ARISING FROM OR IN CONNECTION WITH CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES THAT ARE IN ANY WAY RELATED TO THE SITES AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY ACTS AND/OR OMISSIONS OF USERS, THE PRACTICE OR ITS PROVIDERS ON OR OFF THE SITES.

TO THE FULL EXTENT PERMITTED BY LAW, RADAY MANAGEMENT DISCLAIMS ALL LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITES AND THE SERVICES, EVEN IF RADAY MANAGEMENT HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITES; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITES; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL RADAY MANAGEMENT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO RADAY MANAGEMENT OR THE PRACTICE, IF ANY, OR (B) $100 (WHICHEVER IS LESS).

YOU AND RADAY MANAGEMENT AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR AND ARE A MATERIAL INDUCEMENT ON THE PART OF EACH PARTY TO ENTER INTO THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT. YOU, RADAY MANAGEMENT, AND THE PRACTICE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.

7. CAN-SPAM Act and Telephone

Raday Management is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). By clicking the ‘I Agree and Consent’ link, You consent to receive text messages and emails from Raday Management. Emails, newsletters, and text messages received from Raday Management are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event You receive an email or text message from Raday Management which You do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, Please contact Raday Management.

You shall not use or permit any of Your employees, agents, or affiliates to market, promote, or solicit Raday Management products or services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.

You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold Raday Management and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Raday Management and its affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against Raday Management or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your Account will be terminated for any of the above infractions.

8. Indemnification.

You will indemnify, defend, and hold harmless Raday Management, the Practice and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, and other customers from and against any and all third party claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs incurred by Raday Management and/or the Practice to defend against the foregoing, arising from or in connection with Your (a) acts and/or omissions on or off the Sites; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Sites; (c) breach of these Terms of Use; (d) disputes with or between other users of the Sites; (e) use and/or misuse of the Sites; (f) inaccurate, untimely, incomplete or misleading Registration Data; (g) use of links to third party websites, including without limitation such website’s availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; or (h) use of any services or products or any contracts or arrangements made or provided based on information, Content and/or materials obtained on or through the Sites. You will cooperate as requested by Raday Management or the Practice in the defense of such claims. Raday Management reserves the right to assume the exclusive defense and control of any matter for which You are obligated to provide indemnification. You shall not, in any event, settle any claim or matter on behalf of Raday Management without the prior written consent of Raday Management.

9. Arbitration.

Any disputes between You, Raday Management, and/or the Practice regarding these Terms of Use (each a “Dispute”) will be governed by this Section. YOU ACKNOWLEDGE AND AGREE THAT THE EXCLUSIVE FORM OF RESOLUTION OF DISPUTES IS BINDING ARBITRATION AND THAT BY ACCESSING AND USING THE SITES THAT YOU ARE WAIVING ANY RIGHT YOU HAVE TO A TRIAL BY JURY UNDER APPLICABLE LAWS.

All Disputes will be resolved in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA”). Copies of the Consumer Arbitration Rules may be obtained at any AAA office, at www.adr.org, or by calling the AAA at 1-800- 778-7879.

If there is a conflict between the Consumer Arbitration Rules and these Terms of Use then the terms and conditions of these Terms of Use control. This arbitration provision must be construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. §1 et seq.

The Parties will attempt to agree on a single arbitrator using the AAA procedures. If agreement is not possible, each Party will select its own arbitrator. Each Party’s arbitrator will jointly confer and select a single arbitrator. That single arbitrator will preside over the arbitration of the Dispute.

The Arbitrator’s Decision: The arbitrator must base his or her decision on the evidence presented and according to these Terms of Use and applicable laws, including statutory and judicial authority. The arbitrator may award the same damages and relief on an individual basis that a court might award to an individual under these Terms of Use and applicable law. The arbitrator must issue a written decision, which must contain the essential findings and conclusions on which the decision is based. The arbitrator’s decision is final and binding upon all Parties and judgment to enforce the arbitrator’s decision may be entered by any court of competent jurisdiction.

Individual Claims Only: YOU, RADAY MANAGEMENT AND THE PRACTICE AGREE THAT EACH OF US MAY BRING CLAIMS, SUITS, ACTIONS OR CAUSES OF ACTION AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. HOWEVER, A REPRESENTATIVE CLAIM (BUT NOT A CLASS ACTION) MAY BE BROUGHT IN ARBITRATION WHERE OTHERWISE MANDATED BY LAW. UNLESS YOU, RADAY MANAGEMENT, AND/OR THE PRACTICE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, COLLECTIVE OR CLASS PROCEEDING. ALSO, EXCEPT AS MANDATED BY LAW, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). EXCEPT AS MANDATED BY LAW, ANY RELIEF AWARDED CANNOT AFFECT OTHER PARTIES.

Location of the Arbitration Hearing: There may be a hearing as a part of the arbitration process. If that is the case, the arbitration hearing will be conducted at a location that is reasonably convenient to all Parties with due consideration of their ability to travel and other pertinent circumstances.

10. Notices; modification and termination of services; amendment of terms.

You agree to receive notices relating to these Terms of Use via email, regular mail, or posting notices or links to notices on the Sites. Raday Management reserves the right at any time to modify, suspend or terminate the Sites (or any part thereof), and/or use of or access to them, with or without notice. Raday Management may also delete, or bar access to or use of, all or any part of the Content. Raday Management will not be liable to You for any modification, suspension, or termination of Sites, or loss of related information. Raday Management may amend these Terms of Use at any time by posting the amended terms on one or more Sites.

11. Governing Law.

This Agreement shall be governed by and construed in accordance with the substantive laws, without regard to choice-of-law rules, of the State of Colorado.

12. Entire agreement

These Terms of Use constitute the entire agreement between You, Raday Management, and/or the Practice relating to their subject matter, and cancel and supersede any prior versions of these Terms of Use. You may not assign or otherwise transfer Your rights or obligations under these Terms of Use to any other party. Additional terms and conditions may apply to use of third-party items or services offered on or in connection with the Sites.

Elixium Health
info@joinelixium.com
303-547-9522