PLEASE READ CAREFULLY BEFORE USING OR ACCESSING THIS WEBSITE OR MOBILE APP (EACH A “PLATFORM”AND COLLECTIVELY “PLATFORMS”). BY ACCESSING THE PLATFORMS YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS.
As a Member, you have the option of holding an account (“Account”), each Account providing you with the benefits set forth in www.amigohealth.com and subject to the www.amigohealth.com/plans (“Plans”). Upon opening any Account with us, you will receive a digital membership card for use of the Platforms. All AmigoHealth membership cards will remain as digital cards for the life of those Accounts.
If you open an Account, you may change to any other account at any time by signing up on the AmigoHealth app and paying the monthly fee set forth on the selected plan. All benefits will be unlocked and made available to you immediately upon signing up and upgrading your Account.
Member will be responsible for paying Amigo a one-time, non-refundable, setup fee of $9.99 immediately upon opening an Account of any kind, which fee shall be paid and processed via the payment account you designate from your Account on file with Amigo.
Members changing between Accounts will always retain identical Account information.
YOUR HEALTH BENEFITS PROGRAM
THIS PLAN IS NOT INSURANCE and is not intended to replace health insurance. This plan (“Plan”) does not meet the minimum creditable coverage requirements under M.G.L. c.111M and 956 CMR 5.00. This Plan is not a Qualified Health Plan under the Affordable Care Act. This is not a Medicare prescription drug plan. The range of discounts will vary depending on the type of provider and service. The Plan does not pay providers directly. Plan members must pay for all services and will receive a discount from participating providers. The list of participating providers is available at the Platform and a written list of participating providers is available upon request. You may cancel within the first 30 days after effective date or receipt of membership materials (whichever is later) and receive a full refund, less a nominal processing fee (nominal fee for MD residents is $5, AR and TN residents will be refunded processing fee). Discount Plan Organization and administrator: Careington International Corporation, 7400 Gaylord Parkway, Frisco, TX 75034; phone 800-441-0380.
This Plan is not available in Vermont or Washington.
DESCRIPTION OF SERVICES
Please see www.amigohealth.com/plans for a specific description of the programs included in your Plan.
By joining a Plan, you are authorizing Amigo to bill your credit card or checking account for the Plan you have selected. This charge shall renew until you notify Amigo in writing of its cancellation. By joining you indicate you have read the terms and conditions of the Plan. This Plan will automatically renew at the end of your membership term, and your credit card or bank account will be automatically charged or drafted for the appropriate amount.
Amigo and Careington International Corporation (“Careington”) reserve the right to terminate Plan members from its Plan for any reason, including non-payment. If Amigo terminates the Plan or your membership for a reason other than non-payment or an uncured material breach by you, you will receive a pro-rata refund of your membership fees.
If for any reason during this time period you are dissatisfied with the Plan and wish to cancel and obtain a refund, you must submit a written cancellation request. amigohealth will accept cancellation requests at any time and will stop collecting membership fees in a reasonable amount of time, but no later than 30 days after receiving a cancellation notice. Please send a cancellation letter and a request for refund with your name and member ID to amigohealth, 900 Wigwam Parkway, Henderson NV 89014 or firstname.lastname@example.org. When you cancel, you will continue to have access to the Plan for the remainder of the period for which you have paid; your membership will terminate at the end of that period. The preceding sentence does not apply to quarterly, semi-annual or annual memberships in FL, ND and OK, where you will receive a pro-rata refund whenever you cancel.
LIMITATIONS, EXCLUSIONS & EXCEPTIONS
This Plan is a discount membership program offered by Careington. Careington is not a licensed insurer, health maintenance organization or other underwriter of health care services. No portion of any provider’s fees will be reimbursed or otherwise paid by Careington. Careington is not licensed to provide and does not provide health care services or items to individuals. You will receive discounts for services at certain health care providers who have contracted with the Plan. You are obligated to pay for all health care services at the time of service. Savings are based upon the provider’s normal fees. Actual savings will vary depending upon location and specific services or products purchased. Please verify such services with each individual provider. The Plan’s discounts may not be used in conjunction with any other discount plan or program. All listed or quoted prices are current prices by participating providers and subject to change without notice. Any procedures performed by a non-participating provider are not discounted. From time to time, certain providers may offer products or services to the general public at prices lower than the discounted prices available through this Plan. In such event, members will be charged the lowest price. Discounts on professional services are not available where prohibited by law. This Plan does not discount all procedures. Providers are subject to change without notice and services may vary in some states. It is the member’s responsibility to verify that the provider participates in the Plan. At any time Careington may substitute a provider network at its sole discretion. Careington cannot guarantee the continued participation of any provider. If the provider leaves the Plan, you will need to select another provider. Providers contracted by Careington are solely responsible for the professional advice and treatment rendered to members and Careington disclaims any liability with respect to such matters.
If you would like to file a complaint regarding your Plan membership, you must submit your complaint in writing to: Careington International Corporation, P.O. Box 2568, Frisco, TX 75034. You have the right to request an appeal if you are dissatisfied with the complaint resolution. After completing the complaint resolution process, if you remain dissatisfied you may contact your state insurance department.
DELIVERY OF ELECTRONIC COMMUNICATIONS
The following E-Communication Disclosure (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your Account and any related products and services (“Communications”), to the extent you have consented to receiving such Communications electronically. If you have not consented and would like to receive Communications electronically from us, please visit us online at www.amigohealth.com.
Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic Communications includes, but is not limited to:
All legal and regulatory disclosures and communications associated with your Account and any related products or services
Your Membership Agreement and any notices about a change in terms of your Membership Agreement
Privacy policies and notices
Error resolution policies and notices
Responses to claims filed in connection with your Account
Notices regarding delinquent payments
Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (1) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (2) by posting such Communications on the AmigoHealth mobile application.
How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form at any time by contacting us at 1-888-948-0888, visiting the www.amigohealth.com website, or writing to 900 Wigwam Parkway, Suite 100, Henderson, NV 89014. If you do withdraw your consent, we will close your Account, except where prohibited by law. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request for withdrawal. In the meantime, you will continue to receive Communications in electronic form. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.
How to Update Your Records. It is your responsibility to provide us with a true, accurate and complete e-mail address (if you have elected to receive e-mail messages from us), your contact information, and other information related to this Disclosure and your Account, and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) through the Platforms or by contacting us at 1-888-948-0888.
Hardware and Software Requirements. In order to access, view, and retain Communications that we make available to you electronically, you must have:
An Internet browser that supports 128 bit encryption
Microsoft Internet Explorer 8 or above, or the equivalent software
Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit
An e-mail account with an Internet service provider and e-mail software
A personal computer (1.8-GHz Base or higher), operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us in via a plain text-formatted e-mail or by access to our web site using browser specified above or equivalent software.
Adobe Reader version 8 or higher
Requesting Paper Copies. We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us by calling 1-888-948-0888 or writing to us at 900 Wigwam Parkway, Suite 100, Henderson, NV 89014. We may charge you a service charge for the delivery of paper copies of certain Communications provided to you electronically pursuant to this authorization. Please email us at email@example.com to determine if there are any fees relating to this service. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.
Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
By accessing the Platforms, Members with an active Account hereby authorize Amigo to automatically bill and debit such payment account as designated by you on the date in which Member first opened an Account and each monthly or annual anniversary thereafter for AmigoHealth services provided thereunder in arrears, to be applied in the following manner: (i) first, toward any Payment Penalty (as such term is defined below) and (ii) second, toward the monthly or annual AmigoHealth fee associated with such Account. In the event there are insufficient funds to cover and pay in full the payments due in accordance with the provisions set forth above, Amigo shall assess Member a fee in an amount equal to $1.50 multiplied by each failed payment occurrence (collectively, “Payment Penalty”) to be paid in accordance with the foregoing sentence, and Member shall be deemed to be in default and shall no longer be eligible to hold an Account or receive benefits thereunder if such payments are not made in full on the immediately following monthly payment due date (the interim period, the “Cure Period”); provided, however, that Member shall continue to receive benefits under the AmigoHealth program during such Cure Period. If, upon the expiration of the Cure Period, all payments are not made, Member shall no longer be an eligible AmigoHealth member, and subject to the provisions set forth below, funds will no longer be automatically debited and transferred from your designated payment account in accordance with the foregoing provisions.
Amigo shall provide ten (10) days’ prior written notice to the Member’s home mailing address before changing or modifying the foregoing funds transfer policy; provided, however, that Member shall be permitted to waive such notice when a transfer falls outside of a specified range of amounts or when a transfer differs from the most recent transfer by an agreed-upon amount; provided, further, that in the event of a default, Member hereby expressly authorizes Amigo to automatically debit and transfer funds from Member’s designated account on the immediately following payment due date upon the expiration of the Cure Period in an amount equal to sums not paid for the preceding billing cycle plus amounts due for the then-current billing cycle in accordance with the foregoing payment provision.
Notwithstanding the foregoing, Members shall have the right to stop payment of such preauthorized electronic fund transfers by notifying Amigo orally or in writing at least three (3) business days prior to the schedule date of transfer; provided, however, that such Member shall be required to give written notice of such stop-payment order within fourteen (14) days of an oral notification by e-mailing to: firstname.lastname@example.org, or mailing to:
Attn: Legal Department
900 Wigwam Parkway, Suite 100
Henderson, NV 89014.
TERMINATION OF ACCOUNT and SERVICES FOR AMIGOHEALTH MEMBERS
Without limiting the terms set forth herein, Amigo has the right to cancel or suspend access to all plans and services available to Members (collectively “Program”) in the event of a Member’s failure to pay monthly or annual membership fees in accordance with the terms set forth herein on the date in which payment is due (“Payment Date”). Notwithstanding the foregoing, you will continue to receive all benefits and/or services available to you as a Member without interruption for a period of thirty (30) days after the Payment Date, at which time, if you have still not paid in full all membership fees due Amigo on the Payment Date, all services available to you under the Program shall be suspended until all such fees have been received by Amigo. If after sixty (60) days you have not paid in full all membership fees due Amigo on the Payment Date, your Account will be terminated and all benefits available through and provided by your Membership will no longer be available to you. Notwithstanding the foregoing, Amigo, at its sole and absolute discretion may waive or extend the due date for fees owed by Members upon prior written notice; provided, however, that Amigo’s failure to enforce any provision of this section shall in no way be construed to be a waiver of such provision absent prior written notice thereof.
Use of a Platform is subject to the www.amigohealth.com/privacypolicy which explains how we collect, store, share or otherwise use your personal information and non-personal information. You should review these policies before using a Platform.
Trademarks, service marks, and logos appearing on a Platform are the property of Amigo or the party that provided the trademarks, service marks, and logos to Amigo, whether registered or not. Amigo and any party that provided trademarks, service marks, and logos to Amigo retain all rights with respect to any of their respective trademarks, service marks, and logos appearing on a Platform.
Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. If you believe that your copyrighted work is being infringed on a Platform, please notify our copyright agent specified below.
E-mail may be sent to: email@example.com
Mail may be sent to:
Attn: Legal Department
900 Wigwam Parkway, Suite 100
Henderson, NV 89014
Please notify us in writing and include the following:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Platform are covered by a single notification, a representative list of such works at that Platform.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Amigo to locate the material.
Information reasonably sufficient to permit Amigo to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Nothing on a Platform shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Amigo or any third party, whether by estoppel, implication, or otherwise.
PRODUCTS, SERVICES AND SOFTWARE
Downloading software from any of our Platforms does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software. A description to a product, service or publication on any of your Platforms (including any description or reference via hyperlink) does not imply endorsement by Amigo of that product, service or publication. Products and software offered through any of our Platforms shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.
Telephone calls and sms/text messaging by amigoHEALTH
You consent and agree that MoneyAmigo (and its affiliates, agents, assigns and service providers) may monitor and record telephone calls regarding my Account to assure the quality of service or for other reasons.
You also expressly consent and agree, in order to administer and service my Account or to collect any amounts you may owe, MoneyAmigo (and its affiliates, agents, assigns and service providers) may contact me by telephone at any telephone number associated with my Account that you provide now or in the future, including cellular phones, wireless telephone numbers or other wireless devices, regardless of whether you incur charges as a result. you understand that your authorization may be revoked only via written correspondence to AmigoHealth, at: 900 Wigwam Parkway, Suite 100, Henderson, NV 89014 Attn: Marketing Department, or electronic mail at firstname.lastname@example.org.
I expressly consent and agree to AmigoHealth (and its affiliates, agents, assigns and service providers) contacting me by the following methods including, but not limited to, any telephone dialing system, sending text messages or emails using any email address I provide now or in the future, using manual calling methods, prerecorded/artificial voice messages and/or use of an automatic dialing device or system, as applicable.
NO UNLAWFUL OR PROHIBITED USE
These Platforms may contain communication services such as bulletin boards, chat rooms, news groups, communities, personal web pages, group calendars, electronic mail postings, and other public forums. You agree to post messages only if they are relevant to the intended subject matter of the forum. You agree that you will not:
Post messages that are inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, libelous, abusive, or a violation of the legal rights (including, without limitation, privacy and publicity rights) of others.
Violate the copyright, trademark, or other intellectual property rights of any other person or entity.
Upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer.
Improperly assume or claim the identity, characteristics, or qualifications of another person.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Use the Platforms for commercial purposes, or post messages that contain advertising or are intended to solicit others to buy or sell services or to make donations.
Harvest or otherwise collect information about others, including, without limitation e-mail addresses, without their consent.
Attempt to gain access to any portion of our Platforms, any computer, server, account, network, software, or hardware associated with our Platforms, from which you are restricted.
Violate any applicable laws or regulations.
Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via any Platforms.
Post hyperlinks to other websites that contain content that falls within the descriptions set forth above.
Amigo is not obligated to monitor the communications contained on our Platforms. However, Amigo may, at its sole discretion edit, decline to post, or remove any information or materials or any portion thereof.
You hereby grant to Amigo the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Amigo through our Platforms (collectively, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Amigo will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Amigo operations.
NO REPRESENTATIONS OR WARRANTIES
We make no representations or warranties that our Platforms are free of defects, viruses or other harmful components. The pages, links, or other information displayed on our Platforms may contain technical inaccuracies, outdated information and typographical errors. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of our Platforms or our computer systems. If you are dissatisfied with any portion of our Platforms or the associated services, your sole remedy is to cease using them.
ACCESS TO OUR PLATFORMS IS PROVIDED FREE OF CHARGE AS A COURTESY. ALL MATERIALS, INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH OUR PLATFORMS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” AMIGO DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. AMIGO MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH OUR PLATFORMS FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF LIABILITY
To ensure that consumer’s inquiries are handled promptly, courteously, and accurately, some of the phone calls between you and us or any of our affiliates, agents, assigns and service providers, may be monitored and recorded by us and any of our affiliates, agents, assigns and service providers, to enhance service to you. You consent to this monitoring and recording.
You agree that we may from time to time make calls and/or send text messages to you at any telephone number associated with your Account, including wireless telephone numbers that could result in charges to you. The way these calls or text messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or automatic telephone dialing system. You further agree that we may send e-mails to you at any e-mail address you provide us or use other electronic means of communication to the extent permitted by law. You may revoke your consent at any time by any reasonable means.
This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) shall be arbitrated instead of litigated in court upon the election of either party. (a) Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us, or between you and Amigo, or any of its agents or retailers, arising from or relating to the Program. Platforms, or this Agreement, as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreement. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Account, or others designated by you on the Account; (ii) advertisements, promotions or oral or written statements related to the Program; (iv) the benefits and services related to the Program; and (v) your enrollment for any Program. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court; any appeals from that court shall be pursued only in arbitration. As used in this Arbitration Provision, the terms “we” and “us” shall for all purposes mean Amigo, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Program (including, but not limited to service providers participating in the Program, third parties who use or provide services and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or ”yours” shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional cardholders. (b) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org. (c) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION; THE ARBITRATOR SHALL NOT CONDUCT A CLASS ARBITRATION OR A JOINT ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. (d) Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. (e) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification. (f) Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding. (g) Continuation: This Arbitration Provision shall survive termination of your Account as well as voluntary payment of any amounts due in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
Amigo reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Amigo may have. All rights not expressly granted herein are reserved exclusively and entirely to Amigo.