Snapshot 16399
Normalized text
Scripts and page chrome removed; this is what change detection compares.
Contents ↑ Back to Top OpenEvidence Inc. Network Terms of Use Last Updated: September 17, 2026 These Terms of Use (“Terms”) govern your access to and use of the websites, mobile applications and other resources intended for use by healthcare professionals and provided by OpenEvidence Inc., a Nevada corporation and its affiliates (collectively, “OpenEvidence,” “us,” “we,” and “our”) (“Platform”), including personalized information and services that meet the needs and interests of users of the Platform, such as medical news, reference content, clinical tools, applications, sponsored programs, advertising, email communications, continuing medical education, market research opportunities and discussion forums (collectively, the “Services”). The Services are intended for use by physicians and other healthcare professionals acting in their professional capacity, and are not intended for use by patients or other consumers. The most current version of these Terms is available by clicking on the Terms of Use link at the bottom of any page of an OpenEvidence Inc. property. Note that these Terms do not apply to our properties and services that display a link to different terms of use or to any third-party properties connected to the Services but not provided by OpenEvidence (each, a “Third-Party Service”). Third-Party Services are subject to the terms and conditions of the applicable third-party service provider, rather than these Terms. In the event that we expand OpenEvidence Inc. through our acquisition of another company and/or its properties, that company may operate its properties subject to its own terms of use accessible via a link on such properties until we integrate its practices with ours, at which point a link to these Terms will be displayed on its properties. If you are accessing the Services under your health system or hospital organization which has signed a Platform Access Agreement or similar agreement with OpenEvidence as an institutional user (an “MSA”), then the MSA also governs your use of the Services. To the extent of any inconsistency between these Terms and the MSA, the MSA shall prevail to the extent of such inconsistency. Regardless of whether an MSA is in place, if you are affiliated with or employed by a health system, hospital, or other healthcare organization, you are responsible for ensuring that your use of the Services complies at all times with all applicable policies, rules, guidelines, and directives of such organization. Acceptance of Terms By clicking on the “I Accept” button, completing the registration process, browsing the OpenEvidence website, including any associated webpages, content, and features, accessible at https://openevidence.com (the “Site”), using the Platform, or otherwise accessing or using any of the Services, you represent that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with OpenEvidence, and (3) you have the authority to enter into these Terms on your own behalf or on behalf of the legal entity identified during the account registration process, and to bind that legal entity to these Terms. The terms “you” and “User” refer to the individual or such legal entity, as applicable. When using the Services, you are responsible for compliance with applicable laws and regulations, including those in your place of residence. Nothing in these Terms limits your mandatory rights under applicable laws. If you do not agree with any part of these Terms, you may not access or use any of the Services. FOR U.S. CUSTOMERS ONLY: PLEASE BE AWARE THAT SECTION 13 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND OPENEVIDENCE (THE “ARBITRATION AGREEMENT”). AMONG OTHER THINGS, SECTION 13 INCLUDES AN AGREEMENT TO ARBITRATE, WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 13 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 13 CAREFULLY. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. 1. Scope of Services The Platform is a software-as-a-service platform designed to support healthcare professionals, medical researchers, and clinical teams in navigating the rapidly expanding body of medical knowledge. The Platform leverages advanced technologies to streamline access to the most current and relevant evidence-based, peer-reviewed medical literature and presents findings in accessible, actionable formats tailored for clinical use, subject to such healthcare professionals’ independent clinical judgment. By aggregating, synthesizing, and visualizing clinically relevant research and evidence, the Platform enables users to make evidence-based decisions with the aim of improving patient outcomes. The Services are intended for use by physicians and other healthcare professionals, and the information and tools that we make available through the Services are provided for educational and informational purposes only. While we hope you find the Services useful to you as a healthcare professional, they are in no way intended to serve as a diagnostic service or platform, to provide certainty with respect to a diagnosis, to recommend a particular product or therapy, or to otherwise substitute for the clinical judgment of a qualified healthcare professional. The Services are not available in the European Union (EU), United Kingdom (UK), the European Economic Area (EEA), or any country subject to a U.S. trade embargo, and any access to or use of the Services from such regions is prohibited. 2. Account Registration You must register an account with OpenEvidence (an “Account”) to access certain features of the Services. Registration requires you to provide us with your name, email address, profession, specialty, National Provider Identifier (NPI) number (or, as applicable, other professional licensing number), and other information specified in the registration form (“Registration Information”) and to select a username and password that will be associated with your Account. You agree that your Registration Information is true, accurate, current, and complete, and you will promptly update your Registration Information as necessary so that it continues to be true, accurate, current, and complete. We may attempt to verify the accuracy of the Registration Information that you have provided and update it as necessary. You are solely responsible for maintaining the confidentiality and security of your Account username and password, and you may not permit another person to use your username and password to access the Services. You are responsible for all activity that occurs under your Account, and you accept full responsibility for any unauthorized use or access. If you believe that the security of your Account information has been compromised, you agree to immediately change your username and password through the Account settings feature or notify us and we will assist you. We may refuse to issue an Account to any person or entity in our discretion. 3. License to the Services; Restrictions Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable and non-sublicensable license to use the Services solely for your professional use. Without limiting the generality of the foregoing, you may view information provided through the Services online, download individual articles to your computer or mobile device for later reading, or print a single copy of articles for yourself. You agree that you will not use the Services with the intention of creating any kind of physician/patient relationship (e.g., to diagnose or treat users). You are solely responsible for evaluating the information obtained from the Services and for your use or misuse of such information in connection with your treatment decisions or otherwise. You agree that you shall be solely responsible for your compliance with all laws and standards of professional practice applicable to you and the practice of medicine or other relevant health professions. In addition, if you are affiliated with or employed by a health system, hospital, or other healthcare organization, you agree that your use of the Services will comply at all times with all applicable policies, rules, guidelines, and directives of such organization, including any restrictions on the use of artificial intelligence tools or third-party platforms. Your use of the Services must comply in all respects with OpenEvidence’s Acceptable Use Policy, the terms of which are hereby incorporated by reference into these Terms. You may be subject to certain additional obligations and responsibilities associated with the jurisdiction in which you practice medicine or another health profession. We make no representation or warranty as to the legal compliance of the Services, and you are solely responsible for compliance with the laws of your jurisdiction with respect to your use of the Services. We reserve the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction. You agree that you will not use the Services to provide medical advice, clinical guidance, or healthcare recommendations to individuals in the EU, UK, EEA, or any country subject to a U.S. trade embargo. 4. Third-Party Services and Content Certain features of the Platform may use or integrate Third-Party Services. In using such Third-Party Services, OpenEvidence may share User Content with providers of such Third-Party Services. Third-Party Services are not under the control of OpenEvidence and OpenEvidence is not responsible for any Third-Party Services. OpenEvidence may also make available certain third-party content available on the Platform, such as medical journal articles and other reference content, clinical tools, advertising, email communications, continuing medical education materials, market research opportunities, and discussion forums (collectively, “Third-Party Content”). Such Third-Party Content is out of the control of OpenEvidence and is provided by OpenEvidence for informational purposes only. Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Services, including requests for and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the introduction of such third parties through the Services. Your use of certain features and functionality of the Third-Party Services or other Services made available by OpenEvidence from time to time may be subject to additional terms (“Supplemental Terms”). Such Supplemental Terms will be presented to you when you sign up to use the supplemental features or functionality on such Third-Party Services or other Services. The Supplemental Terms, and not these Terms, exclusively govern your use of such Third-Party Services or other Services to the extent specified therein. For example, if you use the calling, voicemail, messaging, or fax features available through the Platform, you agree to our Telehealth Policy, which governs those features. The Services may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website or Third-Party Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Ads are not under the control of OpenEvidence. OpenEvidence is not responsible for any Third-Party Websites or Third-Party Ads. OpenEvidence provides these Third-Party Websites and Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites and Third-Party Ads at your own risk. When you leave our Services, the Terms and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Ads, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. 5. Information that you Make Available through the Services Certain Services enable users to submit content, which may include, without limitation, text, images, photographs, figures, charts, graphics, reports, data, and sound (“User Content”). User Content does not include Registration Information or Third-Party Content. When you submit User Content through the Services, you authorize us to use such User Content to provide the Services to you and for lawful purposes consistent with the OpenEvidence Privacy Policy. For clarity, we do not use Protected Health Information (as defined by HIPAA) for any AI training purposes. If you are a “Covered Entity” as defined by the Health Insurance Portability and Accountability Act (“HIPAA”) and choose to transmit Protected Health Information (as defined by HIPAA) using the Services, you agree that such information will be handled in accordance with our Business Associate Agreement, the terms of which are hereby incorporated into these Terms by reference. Notwithstanding the foregoing, if you are accessing the Services under an MSA, the Business Associate Agreement entered into between OpenEvidence and the applicable institutional user shall govern the use and disclosure of any Protected Health Information transmitted through the Services, to the extent of any inconsistency with this Section 5. OpenEvidence also collects non-personal information and data in a form that does not permit any direct association with any specific individual. You agree we may collect, use, and disclose such non-personal information, de-identified data, or customer usage data for any lawful purpose that is consistent with the OpenEvidence Privacy Policy and/or Business Associate Agreement, as applicable, including, for example, delivering the Service and providing insights data to help our medical society partners further tailor content that is most useful to you. We may also collect data from the prompts you provide within the Platform and the interactions you have with the Services so we can better understand our users’ behavior and the use of our Services. You agree that you are solely responsible for all User Content that you submit through the Services. You represent and warrant that you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant us the rights in such User Content as specified in these Terms. You are solely responsible for ensuring that the User Content that you make available through the Services complies with applicable laws including, without limitation, those relating to privacy and best clinical and ethical practices. If you provide any Protected Health Information or other personally identifiable information that could identify an individual or reasonably enables the identification of an individual, you confirm that you have obtained all necessary consents and authorizations from that individual/patient, your employer, or other relevant parties, including all consents required by HIPAA or other applicable privacy laws. You shall be solely responsible for any claims arising from your failure to de-identify or receive appropriate authorizations and consent for any User Content that you submit through the Services. Without limiting anything in this Section 5, if you use OpenEvidence Visits, you understand that it will record your conversation and that your conversation will be processed on OpenEvidence’s systems, and you consent to this; if required by law, or by your healthcare organization, you agree to inform the other people who will speak during the conversation that the conversation will be recorded and give them the option for the conversation not to be recorded. 6. Compliant Use OpenEvidence may electronically monitor compliance with these Terms or otherwise audit your use of the Services for compliance with these Terms and reserves the right in its sole discretion to disable or suspend your access to the Services without notice in the event of suspicious or potentially threatening behavior. You agree to comply with all applicable laws in connection with your access to, and use of, the Services. We may (but are not obligated to) do any or all of the following without notice: preview User Content submissions to public areas within the Platform; investigate use of the Services to comply with applicable laws, regulations, government requests, or legal processes; remove User Content that we believe does not comply with these Terms; or terminate your access to the Services upon our determination that you have violated these Terms. If OpenEvidence becomes aware of any possible violations by you of these Terms, we reserve the right to investigate such violations. If, as a result of the investigation, OpenEvidence believes that criminal activity has occurred, OpenEvidence reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. OpenEvidence is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including User Content, in OpenEvidence’s possession in connection with your use of the Services, to (a) comply with applicable laws, legal process or governmental request; (b) enforce these Terms; (c) respond to any claims that User Content violates the rights of third parties; or (d) protect the rights, property or personal safety of OpenEvidence, its users, or the public, and all enforcement or other government officials. 7. Termination You agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Services (or any part thereof) or eliminate your Account and remove any User Content that you have made available through the Services, with or without notice, for any of the following reasons (which are not intended to be exclusive): (a) breaches or violations of these Terms or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you; (d) discontinuance or material modification to the Services (or any part thereof); (e) technical or security issues or problems; (f) extended periods of inactivity; and/or (g) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your Account or access to the Services. 8. Proprietary Rights Except with respect to User Content, you agree that OpenEvidence and its suppliers own all rights, title, and interest in the Services (including but not limited to, any computer code, themes, objects, concepts, methods of operation, documentation, and OpenEvidence software). All rights not expressly granted herein are reserved by us and our respective licensors, as applicable. OpenEvidence’s name and all related stylizations, graphics, logos, service marks and trade names used on or in connection with any Services are the trademarks of OpenEvidence and may not be used without permission in connection with your, or any third-party, products or services. Third-party trademarks, service marks, and trade names that may appear on or in the Services are the property of their respective owners. If you send us ideas, suggestions, comments, or other feedback about the Services (“Feedback”), you agree OpenEvidence may use and distribute such Feedback for OpenEvidence’s lawful business purposes without attribution, further consent, compensation, or granting any ownership rights to you, provided such use does not identify you. 9. Indemnification You agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the Services or your violation of these Terms. 10. Additional Disclaimers OPENEVIDENCE PROVIDES THE SERVICES TO YOU ON AN “AS-IS” BASIS. NEITHER OPENEVIDENCE NOR ANY OF ITS LICENSORS OR SUPPLIERS, MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EACH SPECIFICALLY DISCLAIMS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, QUALITY, CORRECTNESS, COMPLETENESS, COMPREHENSIVENESS, SUITABILITY, SYSTEM AVAILABILITY, AND COMPATIBILITY, SUBJECT TO ANY APPLICABLE LAW THAT DOES NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES. YOU ACKNOWLEDGE THAT NO REPRESENTATIONS HAVE BEEN MADE RESPECTING THE SERVICES. YOU ACKNOWLEDGE THAT THE SERVICES AND ANY INFORMATION CONTAINED IN THE SERVICES OR ANY COMMUNICATIONS PROVIDED TO OPENEVIDENCE DURING USE OF THE SERVICES WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF OPENEVIDENCE AND ITS SUPPLIERS AND MAY BE SUBJECT TO LIMITATIONS, DELAYS, LATENCY ISSUES, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND OPENEVIDENCE IS NOT RESPONSIBLE FOR AND ASSUMES NO LIABILITY FOR ANY DELAYS, DELIVERY FAILURES, CORRUPTION OF ANY DATA, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. OPENEVIDENCE IS NOT RESPONSIBLE FOR AND ASSUMES NO LIABILITY FOR ANY TECHNICAL MALFUNCTION, INABILITY TO ACCESS THE SERVICES, OR OTHER PROBLEMS RELATED TO OR ARISING FROM ANY THIRD-PARTY HARDWARE OR SOFTWARE, INCLUDING ANY THIRD-PARTY WEBSITE, APPLICATION, OR OTHER PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT OPENEVIDENCE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD OPENEVIDENCE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND OTHER USERS OF THE SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. 11. Limitation of Liability NEITHER OPENEVIDENCE NOR ANY OF ITS AFFILIATES, DISTRIBUTORS, AGENTS, SUBCONTRACTORS, LICENSORS, OR SUPPLIERS WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION DAMAGES FOR ANY BUSINESS INTERRUPTION, LOSS OF SALES, PROFITS, BUSINESS, GOODWILL, OR DATA, OR FOR THE INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FINES, COSTS, EXPENSES, AND OTHER LIABILITIES, AND/OR EVEN IF THE SAME ARE REASONABLY FORESEEABLE. WE, OUR LICENSORS, OUR SUPPLIERS, AND ANY THIRD PARTIES MENTIONED WITHIN THE SERVICES ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICES OR ANY INFORMATION PROVIDED THROUGH THE SERVICES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. THE TOTAL LIABILITY OF OPENEVIDENCE AND ITS AFFILIATES, DISTRIBUTORS, AGENTS, SUBCONTRACTORS, LICENSORS, AND SUPPLIERS, ARISING OUT OF OR IN RELATION TO THIS AGREEMENT, THE SERVICES, AND ANY OTHER CAUSE WHATSOEVER, SHALL NOT EXCEED, IN THE AGGREGATE FOR ANY AND ALL CLAIMS UNDER OR IN RELATION TO THIS AGREEMENT, $100. THE LIMITATIONS OF LIABILITY AND TYPES OF CLAIMS HEREBY LIMITED AND DISCLAIMED SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND ARE INTENDED BY THE PARTIES TO APPLY REGARDLESS OF THE FORM OF THE CLAIM OR ACTION (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, STATUTE OR OTHERWISE), AND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY IS A MATERIAL PART OF THE CONSIDERATION PROVIDED BY THE OTHER PARTY IN EXCHANGE FOR THE RIGHTS GRANTED UNDER THIS AGREEMENT. 12. Notice and Take Down Procedures and Copyright Agent If you believe in good faith any materials within the Services infringe your copyright, you may request removal of those materials (or access thereto) by contacting our copyright agent (identified below) and providing the following information: Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. Your name, address, telephone number and (if available) email address. A statement that you have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” or, as applicable, under a solemn declaration, you are the copyright owner or are authorized to act on the copyright owner’s behalf. A signature or the electronic equivalent from the copyright holder or authorized representative. Our agent for copyright issues relating to this website is as follows: OpenEvidence Inc. Attn: Designated Copyright Agent 215 NW 24th St., 3rd Fl., Miami, FL 33127 contact@openevidence.com Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements specified above shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. We may terminate the Account of any user who we determine is a repeat infringer. 13. Arbitration Agreement a. Applicability of Arbitration Agreement. If you live in the U.S., subject to the terms of this Arbitration Agreement, you and OpenEvidence agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the Services, any communications you receive from the OpenEvidence, any products sold or distributed through the Site or the Services, or these Terms and prior versions of the Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (a) you and OpenEvidence may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (b) you or OpenEvidence may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that were not noticed or that involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms. b. Informal Dispute Resolution. There might be instances when a Dispute arises between you and OpenEvidence. If that occurs, OpenEvidence is committed to working with you to reach a prompt, low-cost and mutually beneficial resolution. You and OpenEvidence agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and OpenEvidence agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate. To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”). Such Notice to OpenEvidence should be sent by email to regular mail to our offices located at OpenEvidence Inc., 215 NW 24th Street, Suite 300, Miami, FL 33127, Attn: Legal Department. The Notice must include: (a) your name, telephone number, mailing address, and e-mail address associated with your account (if you have one); (b) the name, telephone number, mailing address and e-mail address of your counsel, if any; and (c) a description of the Dispute. OpenEvidence will send Notice, including a description of the Dispute, to your email address or regular address on file. It is your responsibility to ensure your email and regular address are correct and remain up to date. The Informal Dispute Resolution process lasts forty-five (45) days and is a mandatory precondition to commencing arbitration. During this period, either party has the option to ask the other to participate in an Informal Dispute Resolution Conference as part of a good faith effort to resolve the Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in Informal Dispute Resolution. c. Waiver of Jury Trial. YOU AND OPENEVIDENCE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and OpenEvidence are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. d. Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall affect the terms and conditions under the subsection 13.i entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and OpenEvidence agree that the particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Florida. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or OpenEvidence from participating in a class-wide or mass settlement of claims. e. Rules and Forum. The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, you and OpenEvidence agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the National Arbitration & Mediation (“NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (a) the name, telephone number, mailing address, e-mail address of the party seeking arbitration, and the account username (if applicable), as well as the email address associated with any applicable account; (b) a statement of the legal claims being asserted and the factual bases of those claims; (c) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; (d) a statement certifying completion of the Informal Dispute Resolution process as described above; and (e) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. Any Request you send to OpenEvidence should be sent by email to our offices located at OpenEvidence Inc., 215 NW 24th Street, Suite 300, Miami, FL 33127, Attn: Legal Department. OpenEvidence will provide the Request to your email address on file. If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (i) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”). Unless you and OpenEvidence otherwise agree, or the Batch Arbitration process discussed in subsection 13.i is triggered, the arbitration will be conducted in the county where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”). You and OpenEvidence agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. You and OpenEvidence agree that at least fourteen (14) days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer. f. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Florida and will be selected by the parties from NAM’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under subsection 13.i is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch. g. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction. h. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration costs and arbitrators’ fees the responding party incurred under the Fee Schedules. i. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and OpenEvidence agree that in the event that there are twenty-five (25) or more individual Requests of a substantially similar nature filed against OpenEvidence by or with the assistance of the same law firm, group of law firms, or organizations (“Claimants’ Counsel”), within a ninety (90) day period, NAM shall (a) administer the arbitration demands in batches of 100 Requests per batch (or, if between twenty-five (25) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are fewer than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests); (b) appoint one arbitrator for each batch; and (c) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be selected by Claimants’ Counsel or, if Claimants’ Counsel does not have a preference, by the arbitrator, and one final award (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible. All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by OpenEvidence. You and OpenEvidence agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process. j. Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” if any part or parts of this Arbitration Agreement (other than Section 13.i) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if Section 13.i of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Miami, Florida. You further agree that any Dispute that you have with OpenEvidence as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction. k. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: OpenEvidence Inc., 215 NW 24th Street, Suite 300, Miami, FL 33127, Attn: Legal Department, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your OpenEvidence account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed, and has no effect on any arbitration agreements with us you may enter in the future. l. Modification. You and we agree that OpenEvidence retains the right to modify this Arbitration Clause in the future. Any such changes will be posted on the Site and you should check for updates regularly. Notwithstanding any provision in these Terms to the contrary, we agree that if OpenEvidence makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the OpenEvidence Site and/or Services, including the acceptance of products and services offered on the Site following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of these Terms with an arbitration agreement and you did not validly opt out of arbitration, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of arbitration. OpenEvidence will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms. m. Governing Courts. To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in Miami, Florida (except for small claims court actions which may be brought in the county where you reside). 14. Changes to Terms OpenEvidence reserves the right to update or modify these Terms at any time, at its sole discretion. When changes are made, OpenEvidence will make a copy of the updated Terms available at the Site and update the “Last Updated” date at the top of these Terms. If we make any material changes to the Terms, we will provide notice of such material changes on the Site. Any changes to these Terms will be effective immediately for new users of the Services and will be effective for existing users when you use the Services after the Last Updated date. By continuing to use the Services after any changes are posted, you acknowledge and accept the revised Terms. If you do not agree to the updated Terms, you must stop using the Services. 15. Laws that Govern this Agreement We control those components of the Services made available through our respective websites from our offices within the State of Florida in the United States of America. By accessing the Services, you agree that the statutes and laws of the State of Florida, without regard to choice of laws principles, will apply to all matters relating to use of the Services. 16. Complete Agreement These Terms (including, where applicable, the Business Associate Agreement) constitute the entire and exclusive understanding and agreement between OpenEvidence and you regarding the Services and these Terms supersede and replace any and all prior discussions between OpenEvidence and you regarding OpenEvidence and the Services. 17. Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Further, any of us may exercise the rights described in these Terms. 18. Notices Any notices or other communications permitted or required hereunder, including those regarding material modifications to these Terms, will be in a written form and given by us via email (in each case to the email address associated with your Account). If the email address associated with your Account is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, OpenEvidence’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to OpenEvidence at the following address: OpenEvidence Inc., 215 NW 24th Street, Suite 300, Miami, FL 33127, Attn: Legal Department. Such notice shall be deemed given when received by OpenEvidence by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address. 19. No Waiver; Severability Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If any portion of these Terms are held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. 20. Contact Us If you have questions about the Services or these Terms, or you wish to provide feedback, please contact us at contact@openevidence.com. By submitting feedback and suggestions, you agree that we have a right to use your feedback and suggestions to improve the Services without restriction or compensation, or conferring any ownership or intellectual property rights. 21. Consumer Complaints In accordance with California Civil Code §1789.3, if you are a “consumer” as defined under that Code, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. 22. Export Control You may not use, export, import, or transfer any Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by OpenEvidence are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer OpenEvidence products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations. 23. Electronic Communications The communications between you and OpenEvidence may take place via electronic means, whether you visit the Services or send OpenEvidence emails, or whether OpenEvidence posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from OpenEvidence in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that OpenEvidence provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights under any applicable law, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. 24. Accessing and Downloading the Mobile Application from the Apple App Store The following applies to any mobile application accessed through or downloaded from the Apple App Store (each, an “App”): (a) You acknowledge and agree that (i) these Terms are concluded between you and OpenEvidence only, and not Apple, and (ii) OpenEvidence, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Service. (b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. (c) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between OpenEvidence and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of OpenEvidence. (d) You and OpenEvidence acknowledge that, as between OpenEvidence and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (e) You and OpenEvidence acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, as between OpenEvidence and Apple, OpenEvidence, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. (f) You and OpenEvidence acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof. (g) Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App.