Terms of Use
Antha Inc. Terms of Use
Last Updated: August 15, 2026
These Terms of Use (“Terms of Use”) govern your use of the Antha Inc. website located at antha.health, its subdomains and components, as well as content, features, and materials appearing on such website (together with any successor site, the “Site”). The Site includes Antha’s marketing website, patient portal, and checkout platform.
Antha Inc. is referred to throughout these Terms of Use as “Antha,” “us,” “ours,” or “we.” For purposes of these Terms of Use, “you” and “your” means you as the user of the Site. These Terms of Use are intended primarily for individual patients and consumers who access the Site to learn about or purchase products and services through the Site.
By using the Site, you accept all of the provisions of these Terms of Use and represent to us that you are at least 18 years of age and legally competent to enter into and agree to these Terms of Use. The Site is not designed or intended to appeal to minors and we do not knowingly collect information from children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at support@antha.health so we can promptly delete that information.
The Site is intended to be accessed only by individuals who reside in the United States. If you reside outside the United States, you may not use the Site. Use of the Site is subject to U.S. law.
All users of our Site must accept and comply with the terms and conditions set forth in these Terms of Use. If you have any questions regarding these Terms of Use, please contact us via email at support@antha.health.
These Terms of Use include (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) a release by you of all claims for damage against us that may arise out of your use of the Site. By using the Site, you agree to these provisions.
IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. OUR SERVICES ARE NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.
CHANGES TO THESE TERMS.
We reserve the right to modify the Terms of Use at any time in our sole discretion by including such alteration and/or modification in these Terms of Use, along with a notice of the effective date of such modified Terms of Use. Any continued use by you of the Site after the posting of such modified Terms of Use shall be deemed to indicate your agreement to such modified Terms of Use. Accordingly, if at any time you do not agree to be subject to any modified Terms of Use, you may no longer use the Site.
TERMS APPLICABLE TO THE SITE
Relationship with Independent Health Care Providers. We operate the Site as a health and wellness platform that provides various services including educational content, symptom tracking (collectively, “Content”), and engagement with licensed health care providers and pharmacies (“Telehealth Care”). Telehealth Care is provided by independent, third-party, licensed health care providers (“Independent Medical Groups” or “IMGs”) and licensed mail order pharmacies (“Pharmacies”), with whom we have entered into written agreements to deliver care to users of our Site. As of the Effective Date, we have contracted with MDI Medical Group, P.C. (https://mdintegrations.com/) for IMG services, and Foothills Professional Pharmacy, Ltd. (https://foothillspharmacy.com/) for Pharmacy services. You understand that we may choose to change, add or remove IMGs and/or Pharmacies from the Site from time-to-time in our sole discretion.
We do not, under any circumstances, control or interfere with the practice of medicine by IMGs or Pharmacies, each of whom is solely responsible for directing the medical care and/or treatment provided to you. Antha, Inc. is not a licensed health care provider, and does not directly or indirectly provide, oversee or control any Telehealth Care available through the Site, and you are not entering into a doctor-patient relationship with us. By engaging Telehealth Care through the Site however, you may be entering into a doctor-patient relationship with one or more of the IMGs. Telehealth Care you may receive is governed by separate agreements, including applicable telehealth consents and HIPAA authorizations between you and the IMG that you are interacting with.
Content Disclaimer. Notwithstanding any other provision of these Terms (including the description of your relationship with IMGs and Pharmacies above), you understand that Content delivered by us through the Site is for informational, personal and educational purposes only, and is not a substitute for the professional judgment of a qualified healthcare professional in diagnosing and treating patients. You should always consult with a qualified healthcare provider before making decisions about vaginal hormone therapy or any other medical treatment.
Financial Responsibility. Neither Antha, nor any IMGs are enrolled in any federal or state health care program, nor with any commercial payer for the provision of Telehealth Care through the Site, and because of this, neither you, nor us, nor any IMG may receive payment from any such program or payer for the Telehealth Care. By choosing to use our Site, you are agreeing to obtain products and services (including any Telehealth Care) on a cash basis outside of any federal, state or commercial reimbursement. You are solely responsible for the costs of any service or product provided to you. You expressly understand that neither you, nor us, nor any IMG will submit a claim for reimbursement to any government or commercial payer for the cost of products or services obtained through the Site.
Disclosure of MDI Consult Fees. As of the Effective Date, MDI charges us $30 per consultation (the “MDI Consult Fee”) for individuals accessing their services through our Site. We collect the MDI Consult Fee from you on MDI’s behalf as part of your transaction with us, and pass all MDI Consult Fees through directly to MDI without setoff, deduction, withholding, or any other activity that may constitute fee splitting under applicable law.
User Responsibilities. You agree that: (i) you will not use the Site if you are not fully able and legally competent to agree to these Terms of Use; (ii) you will only use the Site for lawful purposes; (iii) you will not use the Site for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (iv) you will not use the Site to advertise, solicit or transmit commercial advertisements, including “spam”; (v) you will not use the Site to cause nuisance, annoyance or inconvenience; (vi) you will not impair the proper operation of the Site; (vii) you will not try to harm the Site in any way whatsoever; (viii) you will not copy, or distribute the Site or other content without written permission from us.
Restrictions on Use. You agree that you will not use the Site, or any proprietary content, information, or other materials published on the Site, except as authorized in writing by us. You agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Site in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (ii) use the Site in any service bureau arrangement; (iii) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Site, in whole or in part, or any updates to the Site in any form or manner or by any means; (iv) harvest or scrape any content or data from the Site, or (v) permit any third party to engage in any of the acts described in clauses (i) through (iv).
Unlawful Use. You further understand and agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Site; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Site in whole or in part, or any updates to the Site; or (iii) otherwise circumvent any functionality that controls access to or otherwise protects the Site. Any attempt to do any of the foregoing is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and damages. You further agree not to use the Site in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Site.
Disclaimer of User Submissions. You acknowledge that people using the Site occasionally post content or material, or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive. We neither endorse nor are responsible for such submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Site by any third person. The opinions expressed in the Site reflect solely the opinion(s) of the third-party poster and do not necessarily reflect our opinion(s). We have no obligation to monitor the Site or any submissions or other materials that you or other third persons or parties transmit or post on the Site. You acknowledge and agree that we have the right (but not the obligation) to do any or all of the following, at our sole discretion: (i) alter, remove or refuse to post or allow to be posted or stored any user-submitted content, material or message; (ii) monitor and/or filter any of your communications through the Site (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and (iii) disclose any submission or message or any communication through the Site, and the circumstances surrounding its transmission, to any third party in order to operate the Site to (A) protect us and our employees, officers, directors, shareholders, agents, representatives, affiliates, users and visitors; (B) comply with legal obligations or governmental requests; (C) to enforce these Terms of Use; or (D) for any other reason or purpose.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a written notice by mail or by e-mail requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly submitted a notice of copyright infringement to us involving content that you made available through the Site, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
We, and our licensors, reserve the right to change, suspend, remove, or disable access to the Site at any time without notice. In no event will we be liable for the removal of or disabling of access to any such Site. We may also impose limits on the use of or access to the Site, in any case and without notice or liability.
User Submissions; License Grant. As a condition of your use of the Site, you agree to grant to us a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicenseable license to access, use, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative work from any content that you upload, submit or transmit to be made available through the Site (“User Submissions”) that allows us to use and exploit the User Submissions for any purpose. By submitting User Submissions through the Site, you represent and warrant (i) that you own or otherwise control all of the rights to User Submissions, including without limitation, all copyrights; and (ii) that use of User Submissions does not violate these Terms of Use and will not cause injury to any person or entity. We take no responsibility and assume no liability for any content or materials submitted or posted through the Site by you or any third party. You agree that we, and the third-party service providers that we use to assist in providing the Site to you, will have the right to use, modify, reproduce, distribute, display and disclose User Submissions to the extent necessary to provide, secure, or improve the Site.
WE RESERVE THE RIGHT TO REMOVE ANY CONTENT, MATERIAL, OR SUBMISSION FOR ANY REASON, INCLUDING IF WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SITE.
Third-Party Materials. The Site may display, include, or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third-party web sites. By using the Site, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
TERMS OF SALE
The terms of sale in the following section provide you with information about the legal terms of sale under which we sell any of the products listed on the Site. Depending on your method of purchase, additional terms may also apply. Those terms will be presented to you at the time that you make your purchase. All products offered for sale by us are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.
You acknowledge that some products purchased from the Site may be regulated by the Food and Drug Administration (“FDA”). Sale in the United States of such products require a medical prescription from an authorized medical authority. You agree that you will not sell or transfer the products to any other person. You agree that you will not sell, export, or re-export products to any third party. By accepting these products, you acknowledge that you are solely responsible for your use of the products in full compliance with all applicable laws and regulations.
ALL SALES OF PRODUCTS AND SERVICES BY US TO YOU ARE EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THESE TERMS OF SALE, AND ACCEPTANCE OF THE PRODUCTS OR SERVICES BY YOU IS AN ACCEPTANCE OF THE TERMS OF SALE.
Pricing and Payments. All prices listed on the Site are in US Dollars. Prices are those published on the Site at the time that you place your order. Prices published on the Site are exclusive of sales tax, shipping and handling costs and fees which will be calculated separately, as applicable to your order. The total price stated during our online checkout process will be the total amount payable by you for the products included in your order, including all applicable taxes, handling and shipping charges. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees due with respect to your purchase of products or services through the Site. We will collect applicable taxes if we determine we have a duty to collect such taxes. We are not required to, and do not, collect taxes in all states. You may have a duty to directly report and pay taxes if we do not collect such taxes.
Prices, offers, and products are subject to availability and may change before (but not after) we accept your order. If a product becomes unavailable after we accept your order, we may offer you an alternative, offer you the opportunity to delay your order, or cancel your order and provide you with a full refund of any amounts paid for the ordered products.
We accept payment by credit or debit card or such other means as may be specified on the Site. Only valid payment methods acceptable to us may be used to complete a purchase. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If your designated payment method is declined, we may attempt to process your charge until the transaction is approved. We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or card issuer reverses a charge to your payment card, we may bill your account directly and seek payment by another method including a mailed statement.
Prices for products may change from time to time, but changes will not affect any order you have already placed.
Shipping and Delivery. When placing an order on the Site, you will be asked to select a shipping method. Shipping methods and rates will vary based on the shipping method you select. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
Returns and Exchanges. In our sole discretion, we may choose to accept returns on products in their original, unopened condition purchased through the Site within 30 days of the date that the product is delivered to you. You may contact us any time within 30 days of the date that the product was delivered to you in order to request a return. Refunds will be provided once we receive the product back and the product has been inspected to confirm its condition, which may take up to twenty-one (21) days after receipt of the returned product(s). We reserve the right to remedy user issues and concerns on a case-by-case basis and to resolve customer issues and concerns based on the facts and circumstances of each user. We do not offer refunds for partially used subscription periods, if applicable, although we may provide refunds on a case-by-case basis in our sole and absolute discretion.
It is your responsibility to inspect all products promptly upon receipt for damage attributable to the carrier and to make claims directly to the carrier for such damage. The furnishing by us of a product to you constitutes acceptance of that product unless you provide notice of shipping damage or quantity to our customer support team within ten (10) business days of delivery to your designated address.
Disclaimers. THE PRODUCTS SOLD THROUGH THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE AND ANY THIRD PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE PRODUCTS, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF ANY PRODUCTS OR PRODUCT INFORMATION. NO REPRESENTATION OR STATEMENT BY US MAY CHANGE OR ALTER THE DISCLAIMER SET FORTH IN THIS SECTION.
Limitation of Liability for Product Sales. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE ANY PRODUCT PURCHASED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE PURCHASE OF PRODUCTS THROUGH THE SITE SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR SUCH PRODUCTS. ANY CLAIMS ARISING IN CONNECTION WITH YOUR PURCHASE OF PRODUCTS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT OUR LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
Collection and Use of Data
As you use the Site, we will gather and use information about you for a variety of lawful purposes, including to provide, support and improve the Site, to process transactions, to integrate with third-party service providers, and to create anonymized data that may be used for lawful business purposes. Our collection and use of data through the Site is governed by, and described in more detail in, our Privacy Notice available at antha.health/privacy. To the extent you provide health information through the Site, such information will be handled in accordance with our Notice of Privacy Practices and applicable HIPAA authorizations. By using the Site, you agree that data about you may be used in accordance with our Privacy Notice.
Ownership
The Site and its content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws. You agree that we and/or our licensors own all right, title and interest in and to the Site (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights in the Site or related to the Site) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of our (or our licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms of Use.
Any and all (i) suggestions for correction, change and modification to the Site and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to us by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by us or otherwise relating to the Site (collectively, “Revisions”), are and will remain our property. You agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Site or in any such Feedback or Revisions. You agree to assign to us any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions.
Disclaimer of Warranties & Limitation of Liability
YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SITE, INCLUDING YOUR INTERACTIONS WITH OTHER USERS OF THE SITE. YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS) IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE (INCLUDING THE USE, PERFORMANCE AND SUPPORT OF THE SITE), EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE (I) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OF USE OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SITE OR THESE TERMS OF USE AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (II) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE DELIVERY, USE OR PERFORMANCE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
By entering into these Terms of Use and using the Site, you agree that you shall defend, indemnify and hold us, our licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms of Use or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the Site; (d) your negligence or willful misconduct; or (e) healthcare decision-making or treatment outcomes. For the avoidance of doubt, any healthcare services provided in connection with your use of the Site are subject to the provider-patient relationship that you establish with the IMG providing your care, and this indemnification does not limit any rights or remedies you may have under such separate agreements.
ARBITRATION AND CLASS ACTION WAIVER
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a Class Action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
Informal Process First. You agree that in the event of any dispute between you and us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
Arbitration Agreement. Under these Terms, you agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use shall be resolved by confidential binding arbitration administered by Judicial Arbitration and Mediation Services (“JAMS”) in Delaware, or another forum mutually agreed upon by you and us. The arbitration will be conducted according to the JAMS Expedited Procedures for arbitration by a single arbitrator nominated jointly by you and us. If JAMS is not hearing consumer commercial disputes at the time, we may select another arbitral body at its sole discretion. The arbitrator's award will be binding and may be entered as a judgment in a court of competent jurisdiction. This clause shall not preclude us from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, or to seek injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, or patents. This arbitration agreement does not (a) govern any Claim by us for infringement of our intellectual property or access to the Site that is unauthorized or exceeds authorization granted in these Terms of Use or (b) bar you from making use of applicable small claims court procedures in appropriate cases.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a Class Action. This arbitration provision will survive any termination of these Terms of Use.
Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a participant or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this Class Action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and us each waive any right to a jury trial.
GENERAL PROVISIONS
We reserve the right to monitor use of the Site, and to investigate and take appropriate legal action against any party that uses the Site in violation of these Terms of Use or applicable law. We reserve the right to accept, reject or modify any content posted to the Site, but assume no liability based on its acceptance, rejection, modification or failure to modify any such content.
Injunctive Relief. You agree that a breach of these Terms of Use will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we will be entitled to equitable relief in addition to any other remedies available to us under these Terms of Use, or at law without a bond, other security or proof of damages.
Miscellaneous. These Terms of Use constitute the entire agreement between you and us regarding your use of the Site. If any term or provision of these Terms of Use is found to be invalid, illegal or otherwise unenforceable, such a finding will not affect the other terms or provisions of these Terms of Use, or the Terms of Use as a whole, but such a term or provision will be deemed modified to the extent necessary to render such a term or provision enforceable, and the rights and obligations of you and us will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. Your obligations pursuant to these Terms of Use will survive termination of your use of the Site. The JAMS Rules and the laws of Delaware, excluding its conflicts of law rules, govern these Terms of Use and your use of the Site. Your use of the Site may also be subject to other local, state, national, or international laws.
Under California Civil Code Section 1789.3, California users of the Site receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Contact Us. You may contact us regarding the Site or these Terms of Use by mail at Antha Inc., 25 Broad St, Unit 3A, New York, NY 10004 or by email at info@antha.health, or by phone at 8143176257.