Terms Of Use

Last modified: 2024-02-08


Please read these Terms of Use carefully and completely before using www.stellacenter.com or any services or goods provided through or in connection with the website or by Stella MSO, LLC or one of its subsidiaries, affiliates, or associated medical organizations (collectively, "we," "us," or "Stella Center"). All of the Stella Health websites, locations, and services/goods are collectively referred to as the "Service" as further described in this Agreement. These Terms of Use ("Terms of Use" or "Agreement") include the terms below together with the Privacy Policy and any other documents they expressly incorporate. By clicking "I Accept" to this Agreement, or by using the Service (including any access to the Service), you expressly agree to be bound by this Agreement.  

THESE TERMS OF USE; (I) CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS ARE RESOLVED, AND (II) AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US OR OUR AGENTS TO BINDING AND FINAL ARBITRATION. IF YOU DO NOT UNDERSTAND THESE TERMS OF USE OR DO NOT AGREE TO THESE TERMS OF USE DO NOT AGREE TO THESE TERMS OF USE OR OTHERWISE USE ANY SERVICES PROVIDED BY STELLA CENTER.

WE RESERVE THE RIGHT TO CHANGE, ADD OR REMOVE PORTIONS OF THESE TERMS OF USE, THE PRIVACY POLICY, THE NOTICE OF PRIVACY PRACTICES, AND ANY DOCUMENTS INCORPORATED HEREIN AT ANY TIME AND AT OUR SOLE DISCRETION. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF ANY CHANGES MEANS THAT YOU ACCEPT AND AGREE TO SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES.


Account Responsibility

Certain parts of the Services may require you to register and/or create an account. All information we collect about you in connection with the Services is subject to our then current Privacy Policy. You must provide Stella Center with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You shall not use a false name, e-mail address or phone number or otherwise enter information with the intent to impersonate another person. You warrant that all information you submit to us is true and correct. 

By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, including being contacted via email, text message (SMS), phone or other electronic means.

Your account may only be used for your personal use. You are responsible for all activities that occur under your account. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data you provide; (ii) maintain the confidentiality of your password and user account information; (iii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Services and notify Stella Center promptly of any such unauthorized use; and (iv) comply with all applicable local, state, and federal laws in using the Services.


General


Subject to the terms and conditions of this Agreement (including the Privacy Policy), and during the term of this Agreement, Stella Center grants you a non-exclusive and non-transferable right to access and use the Services in accordance with the terms of this Agreement, and any documentation (online or otherwise) made available by Stella Center to you describing the Services or any support provided for the Services ("Documentation") solely for purposes of your personal use of the Services. "Services" means the Stella Center services that are ordered by you (or provided to you under a free trial), and made available online by Stella Center, including associated offline or mobile components, as described in the Documentation.  "Services" exclude Content and Third-Party Technology. Services also include any onsite Services provided by Stella Center. The Services are only available in the United States. The Services are enabled by technology, software and certain Content delivered electronically. Any use of the Service in breach of this Agreement, or that in our judgment threatens the security, integrity or availability of the Service, may result in immediate suspension of the Service, however we will use commercially reasonable efforts under the circumstances to provide you with notice and an opportunity to remedy such violation or threat prior to such suspension. Other than as expressly set forth in this Agreement, no license or other rights in or to the Services are granted to you, and all such licenses and rights are hereby expressly reserved.


Clinical Services

The Services may include clinical services. All clinical Services are provided by Lipov Medical, S.C.; Lipov Medical, P.C.; Stella Center LLC; and their associated medical groups (collectively, "Medical Group"), which are independent medical groups with a network of United States based health care providers (each, a "Provider") to provide clinical consultations, services, and/or treatment. Stella MSO, LLC administrative and management services to the Medical Group and facilitates their provision of clinical Services. Stella MSO, LLC and any subsidiary and affiliates that are not a Medical Group do not provide medical advice, care, and/or treatment. Clinical Services and practices may vary across Providers, and patients should contact Medical Group at [email protected] for all questions concerning their medical care.

If you receive clinical Services, you may be required to sign the Medical Group's informed consent. The informed consent is part of the Documentation as described herein.


Service Access and Changes

We reserve the right to withdraw or amend these Services or materials we provide in connection with the Services at any time in our sole discretion. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Services. We also may update the Services' Content from time to time. While we make reasonable efforts to maintain current information, we cannot guarantee that the Services' Content is complete or up-to-date.


Acceptable Use 

You agree to comply with the at all times while using the Service. You will not: 

  • Violate our Privacy Policy or the legal rights (including the rights of publicity and privacy) of others;
  • use the Service for gambling, adult entertainment, sexually explicit or other similar business;
  • upload any material depicting or promoting sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or that could otherwise give rise to any civil or criminal liability under applicable laws;
  • impersonate any other person, or misrepresent your identity or affiliation with any person or organization;
  • conduct yourself in a vulgar, offensive, defamatory, harassing or objectionable manner;
  • copy, reproduce, create derivative works of, or distribute any Services, copyrights, or Trademarks;
  • infringe on any patent, trademark, trade secret, copyright or other intellectual property rights of any other person or infringe a copyright in direct violation of the Digital Millennium Copyright Act ("DMCA") or any similar legislation;
  • remove or modify any copyright, trademark or other proprietary rights notice on the Service or on any materials printed or copied off of the Service;
  • resell, import or export, directly or indirectly, the software associated with the Service;
  • create a risk to public safety or health in general or to any individual's health and safety;
  • engage in any activity that interferes with or disrupts the Services or Software;
  • upload or otherwise send or transmit any material that contains viruses or any other harmful computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment associated with the Services;
  • reverse engineer, attempt to access or access any source code, algorithms, methods or techniques used in the Services;
  • interfere with the servers or networks connected to the Service or violate any of the procedures, policies or regulations of networks connected to the Service;
  • attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
  • use the Services to create unsolicited email and/or SPAM (including any conduct that would violate the CAN-SPAM Act of 2003 or similar legislation);
  • record, process, or mine information about other users;
  • use any robot, spider, service search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Service or any Content of the Service;
  • permit direct or indirect access to or use of the Service in a way that circumvents a contractual usage limit;
  • modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service; or
  • use the Services to facilitate IRC, Egg Drops, BNC, or IRC bots, proxies, game servers, or any online gambling services.

DO NOT USE THE SERVICES FOR EMERGENCIES. Our Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our Services.


Privacy

We treat your Personal Information in accordance with our Privacy Policy, including our Notice of Privacy Practices, which is incorporated herein.


Term and Termination

The term of this Agreement will begin upon your successful registration for the Services and will continue indefinitely unless terminated by either party as permitted herein.

You acknowledge and agree that Stella Center may suspend or terminate your access to the Services if you (a) breach any term of this Agreement, or (b) engage in any conduct that Stella Center determines in its discretion may have an adverse effect on Stella Center or its reputation.  

Upon termination, you will no longer have access to the Services or other Content provided through the Services. In addition to termination, Stella Center reserves the right to pursue any and all remedies available to it in the event of such a breach or conduct. Upon any termination, to retrieve your data please send an email to: [email protected].  We will store any PHI or PII as required by applicable law.

Minors

IN ORDER TO USE THE SERVICES, YOU MUST BE AT LEAST 13 YEARS OF AGE AND LOCATED IN THE UNITED STATES. BY USING THE SERVICES, YOU (or, if you are younger than the applicable age of majority, your parent/legal guardian) REPRESENT YOU; (I) ARE AT LEAST 13 YEARS OF AGE, AND (II) ARE LOCATED IN THE UNITED STATES. FURTHER, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU ARE NOT 13 YEARS OLD, OR IF YOU ARE LOCATED OUTSIDE OF THE UNITED STATES (IRRESPECTIVE OF YOUR AGE), YOU MUST NOT ACCESS OR USE THE SERVICES. If you are 13 or older, but under the age of 18 or other age of majority in your state of residence (in other words, you are considered a minor), your parent or legal guardian must agree to these Terms of Use on your behalf and you may only access and use the Services with permission from your parent or legal guardian.

IF YOU ARE A PARENT OR GUARDIAN ACCEPTING THESE TERMS ON BEHALF OF A MINOR YOU ALSO REPRESENT AND WARRANT THAT YOU HAVE READ AND AGREE TO THESE TERMS ON BEHALF OF THE MINOR AND ON YOUR OWN BEHALF. AS A PARENT OR GUARDIAN OF A MINOR USING THE SERVICES YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS AND USE OF THE SERVICES ARE SUBJECT TO THIS AGREEMENT.


Electronic Communications

When you use the website Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. We contact you by telephone, mail, or e-mail to verify your information. We may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used the Services. We reserve the right to suspend, discontinue, or deny your access to and use of our Services until you provide the information to us as requested.

 

SMS Terms of Service

Stella Center's message Campaign is named "Stella." The Campaign is intended only for users who opt-in to messages from Stella. The Campaign includes marketing (e.g. information about our services, partner promotions and new blog content) and transactional messages (e.g., appointment confirmation and reminders). Message frequency varies. Message and data rates may apply.

To opt out, users should reply with one of the opt-out keywords: STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT. Once the opt-out keyword is received, Stella will automatically send the opt-out confirmation message: "Stella: You have successfully opted out of all messages. Reply HELP for help."

For help, users should reply with one of the help keywords: HELP or INFO. Once the help keyword is received, Stella will automatically send the help message: "Stella: Please visit https://stellacenter.com or email [email protected] for help. Reply STOP to opt out."


Fees

Service fees will be paid in accordance with your registration confirmation. You acknowledge that access to the Services may be suspended until payment is received in full. All Service fees are exclusive of any tax, levy, or similar governmental charge that may be assessed. You are solely responsible for all taxes based upon the provision, sale or use of the Services, excluding any taxes based on Stella Center's net income.

Stella Center does not currently accept payment under Medicare or Medicaid at this time. 


Intellectual Property Ownership

Except for the limited license and use rights expressly granted to you under this Terms of Use during the Term, all title to and the rights in the Services, including any and all technology, software and content, including ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, trade secrets, the Stella Center's or third party hardware, other technology, any derivatives of and all goodwill associated with the foregoing is the exclusive property of the Stella Center and/or third parties. You grant Us a worldwide, perpetual, irrevocable, royalty-free license to use, modify and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of the Services.


Trademarks

Trademarks, service marks, graphics, and logos used in connection with the Services are the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks. You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code and all other related content contained on the Services are owned by Stella Center or third parties and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any reproduction, publication, further distribution or public exhibition of materials provided through the Services, in whole or in part, is strictly prohibited. Except as expressly provided in these Terms of Use, no part of the Services and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed or transmitted in any way (including "mirroring") to any other computer, server, Services or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Stella Center.


Confidentiality

By accessing the Services, you will have access to certain of our Confidential Information. "Confidential Information" means information disclosed by Stella Center or a third-party on Stella Center's behalf (collectively, "Disclosing Party") to you ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure including but not limited to methods, techniques, programs, devices and operations. Confidential Information does not include any information that (i) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (ii) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party without access to the Disclosing Party's Confidential Information.

You agree to: (i) only use Confidential Information as explicitly permitted in this Agreement; (ii) not disclose any Confidential Information of the Disclosing Party to any third party; and (iii) not disclose or use Confidential Information following the termination of the Service subscription, unless otherwise explicitly permitted herein. Each party agrees to take reasonable efforts to protect the Disclosing Party's Confidential Information from disclosure to third parties, except as explicitly permitted herein, and apply commercially reasonable protective measures. Upon the Disclosing Party's request, at any time, the Receiving Party agrees that it will promptly return or destroy all of copies of Confidential Information to the Disclosing Party except for information periodically stored as part of a standard back-up procedure. The Disclosing Party shall be entitled to injunctive relief in the event of any unauthorized use or disclosure, whether or not intentional, of its Confidential Information. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided that the Receiving Party notifies the Disclosing Party in advance of the compelled disclosure (to the extent legally permitted) and reasonable assistance in order to permit the Disclosing Party to contest such disclosure.


Content

"Content" means information either: (i) created by Stella Center and made available to you through the Services, or (ii) obtained by Stella Center from publicly available sources or third-party content providers and made available to you through the Services. The Content that is not provided by a Stella Center licensed provider is made available to you solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this Content. Any reliance you place on such Content is strictly at your own risk. The Content may include general information about health and wellness and certain health conditions. However, such Content should not be construed as providing any kind of medical advice or recommendation and should not be relied on as the basis for any clinical decision or action. Patients should not use such Content contained on the Services for independently diagnosing a health problem or disease. Medical advice should always be sought from a licensed, qualified medical practitioner. 


Third Party Links and Technology

Any and all web-based, mobile, offline or other software application, technology or functionality, or any device or product, that is not provided by Stella Center and made available to you, interoperates with, or is used by you in connection with a Service ("Third-Party Technology") is provided solely as a convenience to you and not under our control. Stella Center does not endorse, recommend, or otherwise make any representations or warranties with respect to any Third-Party Technology. Stella Center does not have any responsibility or liability to you for any Third-Party Technology which you access and use it at your own risk. Further, you agree to comply with any and all terms and conditions applicable to the use of Third-Party Technology and otherwise ensure that you have obtained all rights, licenses, and clearances that may be necessary to use such Third-Party Technology. We encourage you to review the terms of use and privacy policies applicable to such Third-Party Technology. 


DISCLAIMER

STELLA CENTER MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN ADDITION, STELLA CENTER; (1) DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, AND (2) MAKES NO WARRANTY AS TO THE ACCURACY, INTEGRITY OR COMPLETENESS OF ANY CONTENT OR THAT CONTENT PROVIDED IS APPLICABLE TO, OR APPROPRIATE FOR YOUR PARTICULAR CONDITION OR USE OUTSIDE OF THE UNITED STATES.  CONTENT AND THIRD-PARTY TECHNOLOGY ARE PROVIDED "AS IS," EXCLUSIVE OF ANY WARRANTY WHATSOEVER. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you. 


Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL STELLA CENTER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF STELLA CENTER HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. If, notwithstanding the other provisions of these Terms of Use, Stella Center is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services, Stella Center's liability will in no event exceed the amount of fees paid by you or your employer, health plan, pharmacy benefit manager or health care provider specifically in connection with your use of the Services during the preceding twelve (12) month period. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you. 


Indemnity

You agree to defend, indemnify, and hold Stella Center, its officers, directors, partners, employees, contractors, 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, (i) any claim by a third party that your User Data infringes any intellectual property rights of such third party, and (ii) any violation by you of applicable law, and (iii) your use of the Services in violation of these Terms of Use.


Void Where Prohibited

The Services are intended solely for users in the United States. The Services are not available to all persons or in all geographic locations. Any offer for any feature, product or service made on the Services is void where prohibited. 


Governing Law

You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of law provisions.


DISPUTE RESOLUTION AND ARBITRATION 

PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. We want you to be happy with Stella Center's Services. If, for some reason, we cannot resolve any concern you may have with our Services to your satisfaction, you and Stella Center each agree to try to resolve those disputes in good faith after you provide written notice of the dispute as set forth below. If we cannot resolve the dispute, you and Stella Center agree that we will resolve the dispute through individual binding arbitration or small claims court, instead of courts of general jurisdiction. 

Arbitration and Waiver of Class Action. Instead of suing in court, you and Stella Center agree to arbitrate all Disputes (as defined below) on an individual, non-representative, basis. You agree that, by entering into this Agreement, you and Stella Center are waiving the right to a trial by jury or to participate in a class action or representative action. This agreement to arbitrate is intended to be broadly interpreted. In arbitration, there is no judge or jury. Instead, a neutral third-party arbitrator resolves Disputes in a less formal process than in court. In arbitration, there is limited discovery and a court review of the arbitrator's decision is limited. However, just as a court would, the arbitrator must follow the Terms of Use and can award damages and relief, including any attorneys' fees authorized by law. 

Opt-Out. If you do not want to arbitrate Disputes with Stella Center as set forth herein and you are an individual, you may opt out of this arbitration agreement by sending written notice to the following information within thirty (30) days of the date you first access or use the Services: 1 Oak Hill Dr #100, Westmont, IL 60559, United States.

"Disputes" include, but are not limited to, any claims or controversies against each other in any way related to or arising out of our Services, these Terms of Use, or our Privacy Policy, even if the claim arises after Services have terminated. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the Services bring against our employees, agents, affiliates, or other representatives; (b) you bring against a third party that are based on, relate to, or arise out of in any way our Services or these Terms of Use; or (c) that Stella Center brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Stella Center, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims or any other legal theory; (ii) claims that arose before this agreement or out of a prior agreement with Stella Center; and/or (iii) claims that arise after the termination of these Terms of Use. 

Dispute Notice and Dispute Resolution Period. Before initiating an arbitration or a small claims matter, you and Stella Center each agree to first provide to the other a written notice ("Notice of Dispute"), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute to Stella Center should be sent to: 1 Oak Hill Dr #100, Westmont, IL 60559, United States.

Stella Center will provide a Notice of Dispute to you by email to the address provided in your user account. 

Stella Center will provide you a designated representative to work with to try to resolve your Dispute to your satisfaction. You and Stella Center agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Stella Center may commence an arbitration proceeding or small claims action. 


Arbitration Terms, Process, Rules and Procedures. 

1) Unless you and Stella Center agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in the county where the Services were provided. The arbitration will be governed by either: (a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the "JAMS Rules"), as modified by this agreement to arbitrate, including the rules about the filing, administration, discovery and arbitrator fees. The JAMS rules are available on its website at www.jamsadr.com. Notwithstanding any JAMS Rule to the contrary or any other provision in arbitration rules chosen, by agreement, to govern the arbitration, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide. 

(2) The Federal Arbitration Act ("FAA") applies to this Agreement and arbitration provision. We each agree that the FAA's provisions—not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the "Minimum Standards"), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Stella Center to arbitrate on a class-wide, representative or consolidated basis. 

(3) 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. YOU AND STELLA CENTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Stella Center expressly agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. 

(4) We each are responsible for our respective costs, including counsel, experts, and witnesses. Stella Center will pay for any filing or case management fees associated with the arbitration and the professional fees for the arbitrator's services. 

(5) An arbitrator's award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator's decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court with jurisdiction. 

(6) As an alternative to arbitration, we may resolve Disputes in small claims court in the county where Services were provided. In addition, this arbitration agreement does not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against t Stella Center on your behalf. 

The arbitrator will write an award explaining the decision and the findings and conclusions supporting it. 


No Trial By Jury And No Class Action. IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUNTER-CLAIM OR ANY OTHER COURT PROCEEDING, WE EACH AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS WIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING. 


No Waiver

The failure of Stella Center to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by Stella Center of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between Stella Center and you or any other party be deemed to modify any provision of these Terms of Use. 


Severability

The provisions of these Terms of Use are severable. The invalidity, in whole or in part, of any provision of these Terms of Use will not affect the validity or enforceability of any other of its provisions. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect. 

Export Compliance

The Services, Content, other technology We make available, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. You shall not use the Service in violation of any U.S. export law or regulation.


Assignment

You shall not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without Stella Center's prior written consent and any attempt to do so shall be void.


Entire Agreement

These Terms of Use, along with the then current version of the Privacy Policy, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto. Except as provided herein, any attempt to modify or supplement these this Agreement shall be void unless agreed to in writing and signed by both parties. 


Non-Discrimination Notice/Accessibility
Stella Center complies with applicable Federal civil rights laws and does not discriminate, exclude, or treat people differently because of their race, color, national origin, age, disability, or sex.

Stella Center provides aids/services to people with disabilities and to people who need language and/or communication assistance. If you need these services, please contact a member of your care team for assistance, or us at [email protected].

If you believe that Stella Center has failed to provide these services or discriminated in another way based on your race, color, national origin, age, disability, or sex, you can file a grievance with us by contacting [email protected].

You can also file a civil rights complaint with the U.S. Department of Health and Human Services, Office for Civil Rights, electronically through the Office for Civil Rights Complaint Portal, available at https://ocrportal.hhs.gov/ocr/portal/lobby.jsf, or at:


U.S. Department of Health and Human Services

200 Independence Avenue SW

Room 509F, HHH Building

Washington, D.C. 20201

or at (800) 368-1019, or (800) 537-7697 (TDD).

Complaint forms are available at http://www.hhs.gov/ocr/office/file/index.html.


Contact Us

You may contact us regarding the Services or these Terms of Use by mail at 1 Oak Hill Dr #100, Westmont, IL 60559, United States, or by email at [email protected], or by phone via the number listed our website: www.stellacenter.com.


© 2024 Stella Center

 

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