Terms of Service (Effective as of March 1st, 2022)

 

1. Terms of Service - Introduction

Please review our Terms of Service and any other applicable policies, rules, and conditions prior to utilizing Ipexcare's products, services, tools, and sites (web, mobile).

A register/non-register customer or register/non-register seller/vendor (collectively referred to herein as “you”)

This is an agreement between you and Ipexcare LLC (with its affiliates and/or its DBA). These Terms of Service apply to our site (web / mobile), platform, tools, products, services, applications, or mobile applications (collectively “Services”). Our policies and terms may be changed from time to time. Changes take effect when we post them on www.ipexcare.com.

By accessing, viewing, or using Ipexcare Services, YOU ACKNOWLEDGE that you have read, understand, and agree to comply with all the terms specified in this Terms of Service, including policies, agreements and conditions. Also, you agree our right to modify, add to, or remove terms in the Terms of Service. 

If you do not accept our Terms of Service, then YOU CANNOT USE the Ipexcare Services and you can return your purchased product/service in accordance with any applicable return policy.

2.  Privacy:

By accessing and using Ipexcare Services, you agree that any information/image you provide to Ipexcare is subjected to our Privacy policy (published on www.ipexcare.com)  that governs the collection, use and sharing of your information.

Ipexcare and its representatives may contact you via email, phone call, electronic chat, and text messages based on information that you have provided us. Any conversation may be recorded for quality control, business operations purposes, or its own protection.

If Ipexcare provides you with information about another user, you will use the information only for the purposes that it is provided to you. You may not sell, distribute, or disclose the provided information to a third-party for any purposes, without the consent of Ipexcare or of the specific user.

3. IPEXCARE’s business operations

Ipexcare offers a marketplace that connects sellers with buyers for selling products across different locations. Therefore, the sale transaction is a direct contract between the seller and buyer.

4. Risk of Loss

All purchases of physical items from Ipexcare are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

5. Return/Refund/Exchange/Cancellation

Ipexcare customers can cancel orders as long as it hasn’t entered the shipping process.

Ipexcare does not take title to returned items until the item arrives at our indicated label adress on your order (including Ipexcare or seller/vendor address).

When an item is returned for exchange or refund:

  • You agree to comply with Ipexcare return/refund policy published at www.ipexcare.com
  • You agree to return the product within indicated timeline, and the condition of returned product should be in unused and undamaged, and in its original packaging product
  • You agree to pay return shipping costs (local / international), and possibility a processing fee, and to comply with regulations of international shipping (if applicable).

6. Disclaims of Warranties

YOU EXPRESSLY AGREE THAT USE OF IPEXCARE SERVICES IS AT YOUR SOLE RISK.

YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACY, DATA, CONFIDENTIAL INFORMATION, AND PROPERTY.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IPEXCARE LLC (including its  affiliates, its DBA, its officers/directors/employees/contractors/representatives, its licensors (collectively “seller/vendor”), or  its third-parties)  DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, INFORMATION, DATA SECURITY, UNINTERRUPTED SYSTEMS ON THIS SITE (WEB/MOBILE) OR ANY GOODS, PRODUCTS, SERVICES OFFERED, SOLD, DISPLAYED OR MADE AVAILABLE TO YOU THROUGH ANY IPEXCARE SERVICES OR THIS SITE (WEB/MOBILE) OR YOUR USE OF THIS SITE (WEB/MOBILE) GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, AVAILIBILITY OF SYSTEM/SERVICE/PRODUCT, ACCURACY OF INFORMATION, SYSTEMS/DATA  SECURITY,  QUALITY OF PRODUCT/SERVICE, TITLE, BRAND, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

The Ipexcare Services and all information, content, materials, products, software, site (web/mobile) and other services included on or otherwise made available to you through the Ipexcare Services are provided by Ipexcare on an "AS IS and “AS AVAILABLE” basis.

Neither Ipexcare LLC (including its affiliates and its DBA) nor any of their officers, directors, employees, third-party providers, or licensors (collectively, “seller/vendor”) make no representations or warranties of any kind, express or implied as to the operation of this site (web / mobile), content, information, data security, materials, products, software, or services made available to you through the Ipexcare Services.

While Ipexcare attempts to be as accurate as possible, Ipexcare does not warrant that product descriptions including pricing, shipping, prices or other content of any Ipexcare Services is accurate, complete, reliable, current, or error-free. If a product/service offered by Ipexcare itself is not as described, your sole remedy is to return/cancel it in unused condition.

While we may provide guidance, recommendation of product/service at our best knowledge, it is your responsibilities to make informed decision based on your research or your product/service comparison.

While we may help facilitate the resolution of disputes between sellers and buyers, we do not guarantee the accuracy of advertised products/services and its contents, including quality, safety or legality of the products/services. We do not control and/or neither guarantee that buyer and seller can complete the agreed sale/business transactions which include refundable, returning purchased products, shipping of advertised products, and payments of purchased products.

We also cannot guarantee the availability of product/service, or continuous operation of our Services, or the safeguard of your information on our system, or the security to access our Services via internet / applications / website/ mobile/ platforms/ third-parties.

 7. Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF IPEXCARE SERVICES IS AT YOUR SOLE RISK.

YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACY, DATA, CONFIDENTIAL INFORMATION, AND PROPERTY.

TO THE FULL EXTENT PERMISSIBLE BY LAW, IPEXCARE LLC (including its  affiliates, its DBA, its officers/directors/employees/contractors/representatives, its licensors (collectively “seller/vendor”), or  its third-parties)  WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE DATA BREACH, THE SYSTEM FAILURE, THE SYSTEM SECURITY VULNARIBILITIES, THE USE OF ANY SERVICE, PRODUCT, INFORMATION, CONTENT, MATERIALS, SOFTWARE, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY IPEXCARE SERVICES OR THIS SITE (WEB/MOBILE), INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Products are developed and manufactured by third parties, and we have no responsibility or liability for any aspect of Products. Without limiting the Disclaimer of Warranties and Limitation of Liability terms in the Terms of Service, unless otherwise required by applicable law, in no event will our or our licensors' aggregate liability with respect to any claim arising from or related to this Terms of Service or your use of the Ipexcare Services exceed one hundred dollars ($100.00) or the price of the purchased product including any applicable sales tax and its shipping costs.

We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Ipexcare Services, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.

You agree that you are making use of our Services at your own risks which are not limited to quality of products/services, viruses/hacking, disruptions, delays, glitches, bugs, and inaccuracies of any kind in our provide content / pricing / products/ services / policies.

In addition, you agree not to hold us (including our affiliates, DBAs, subsidiaries, third-parties, officers, directors, employees, agents, representatives, contractors) liable and responsible for any direct/indirect/consequential damages or losses (including tangible or intangible assets (e.g., reputation)).

Regardless jurisdictions that allow or do not allow the disclaimer of warranties or exclusion of damages, if we are found to be liable:

  • You agree that our liability to you or to any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the price of the item/service purchased on Ipexcare, including any applicable sales tax and its shipping costs,
  • You agree that our liability to you or to any third party is limited to the total fees that you paid to us in the maximum 12 months prior to the dispute date;

If you have a dispute with our users (buyer or seller/vendor), you agree to release us (including affiliates, subsidiaries, third-parties, officers, directors, agents and employees) from any liability, including damages and losses connected to your dispute.

If you  have a dispute with any third-party, you agree to release us (including affiliates, subsidiaries, officers, directors, agents and employees) from any liability, including damages and losses connected to your dispute. 

8. Using IPEXCARE Services

In our sole discretion, we reserve the right to review, investigate, disapprove or remove any posted information / reviews / rating / feedback/ comments about our products/services at Ipexcare sites (web / mobile). Ipexcare has the right but not the obligation to monitor and edit or remove any activity or content. Ipexcare takes no responsibility and assumes no liability for any content posted by you or any third party.

You shall take all reasonable security precautions in connection with your Ipexcare account.

We may cancel inactive / unconfirmed accounts, including accounts that violate our Terms of Service. We may modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.

When a buyer or seller issue arises, we may consider the customer’s history, seller’s history, and / or the specific circumstances for dispute resolution.

You grant Ipexcare a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Ipexcare and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Ipexcare for all claims resulting from content you supply.

By accessing and using IPEXCARE Services, you will not:

  • List or upload inappropriate / inaccurate product items or product information on our sites.
  • List or upload product items and/or price items without Ipexcare’s consent.
  • Post inappropriate, inaccurate, false, misleading, deceptive, defamatory, or libelous content / feedback / information on our sites. This includes undermining our product’s rating or review. 
  • Violate, breach or circumvent our Services, our platform/systems (including customer account information), our policies, our agreements, laws or third-party rights.
  • Perform any actions that may harm Ipexcare organization, its customers/users, and its business partners. (e.g., post spam, distribute virus, use data scrapper, disclose NDA / confidential information).
  • Infringe the copyright, trademark, design (website/mobile), content / data (website/ mobile), patent, and/or other intellectual property rights that belong to or are licensed to Ipexcare.
  • Commercialize any design, concept, content, data that are associated with Ipexcare site (web/mobile), applications, or software (including third-party software used by Ipexcare or are licensed to Ipexcare);
  • Fail to pay for items purchased by you, per Ipexcare’s instructions
  • Fail to deliver or refund items sold by you, per Ipexcare’s instructions
  • Fail to pay fees / commissions, including taxes per Ipexcare’s instructions;
  • Fail to provide products/services, per Ipexcare’s instructions / agreements;
  • Fail to agree/meet standards, rules, conditions, terms, and policies established by Ipexcare;
  • Solicit Ipexcare’s customers (i.e., provide seller’s contact information or ask buyer’s contact information) with the context / goal to make a sale /service transaction outside of Ipexcare.

9. Purchase Conditions - Buyer

As buyer, when accessing or buying our services / product items, you agree:

  • You accept terms, rules, conditions and policies established by Ipexcare; (NOTE: if you do not accept, you cannot use Ipexcare Services and you can return your purchased product/service in accordance with any applicable return policy policy).
  • You are responsible for reading, researching and analyzing the full item/service listing before making a commitment to buy.
  • You enter into a legally binding contract to purchase an item when you commit to buy an item.
  • You will NOT FAIL to pay for items purchased by you, unless you have a valid reason as set out in Ipexcare Terms of Service, 
  • You are responsible for complying with all laws and regulations applicable to the local/international purchase /shipment.  
  • Ipexcare is not responsible for examining or warranting the listings or content (including images, description, product) provided by sellers / third parties through Ipexcare Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.
  • No translation of communication will be provided for international buyers (outside USA)
  • You must provide valid and non-expired lens prescriptions from your eye doctor for the online purchase of eyeglass or contact lenses. The expiration date of contact lens prescriptions is set for one year, or the minimum required by state law, whichever is greater.  For eyeglass lens, the expiration is typically one to two years, but we recommend checking your prescription expiration date with your eye doctor.
  • You are fully responsible for the data entry of your prescription/patient/doctor information, and you validate the information before making purchase order. 

10. Fees/Commissions – Seller/Vendor

Ipexcare reserves the right to change our seller fees/commissions any time, by notifying to the seller 14 days in advance.

Regardless jurisdictions that allow or do not allow the disclaimer of warranties or exclusion of damages, if we are found to be liable, you agree that our liability to you or to any third party is limited to the total fees that you paid to us in the maximum 12 months prior to the dispute date;

As seller, given your usage of Ipexcare Services for the introduction to a buyer, you are liable for seller fees/commissions for any sales items or services provided to Ipexcare’s customers which conduct outside of Ipexcare Services.

As seller, when selling through Ipexcare, you must have a payment method (e.g., credit card, banking account, PayPal account) registered in our system, and pay all fees and applicable taxes associated by the payment due date.

If your account is past due, including missed payments / late payments or other defaults on your account, we may collect amounts owed by charging your payment methods on our file, retain collection agencies and legal counsel, and report them to a credit bureau. In particular, if you have a PayPal account, you authorize us to request PayPal deducts the amount owed from your PayPal account.

You must contact a credit bureau directly, if you wish to dispute the information that Ipexcare reported to them.

Seller fees/commissions don't have exclusive rights to items listed on Ipexcare.  In our sole discretion, we can display third-party advertisements including links or other content in any part of our services. 

11. Listing conditions – Seller/Vendor

As seller, when listing an item or service on Ipexcare, you agree:

  • You accept terms, rules, conditions and policies established by Ipexcare;
  • If you DO NOT accept Terms of Service,you CANNOT use Ipexcare Services. Also, if you have registered as seller/vendor and the registration has been approved/pending, your status as vendor/sellor is CANCELED immediately. Also, you need to NOTIFY immediately Ipexcare as following:

            - Send an email to Legal@ipexcare.com ; with Subject: Unregister- Refusal Terms of Service

              AND

            - Send certified letter to: Legalinc Registered Agents, Inc., Four Embarcadero Center, Suite 1400 #85, San Francisco, CA 94111;  ATTN: IPEXCARE, LLC

  • You are responsible for the accuracy, legality and content of the listing and item/service offered.  Note that fake or illegal items are prohibited to post/sell on IPEXCARE.
  • Your listing content does not infringe any Intellectual Property Rights of any third party. IPEXCARE takes no responsibility and assumes no liability for any content provided by you or by any third party.
  • Your items need to be approved before posting on IPEXCARE, based on our policies, standards, terms or business operations (e.g., pricing, quantity, duration).
  • In our sole discretion, we can disapprove any items submitted/listed, may revise or correct product data associated, may delete any content that are inappropriate or violate our policies / standards.
  • The appearance/non-appearance or placement of item /service listings in search and browse results will determined by IPEXCARE’s policies/standards/business operations, regardless of filters/options chosen by buyer.     
  • Metatags and URL links that are included in a listing may be removed or altered by IPEXCARE’s sole discretion.
  • To optimize IPEXCARE’s marketplace performance and benefits, we may share the sales and performance history of your listings to others.
  • You are responsible for complying with all laws and regulations applicable to the local/international sale, including shipment of items.
  • No translation of communication will be provided for international sellers (outside USA)
  • Ipexcare is not responsible for examining or warranting the feedback/review provided by customers to your listing, through or outside of Ipexcare Services, and that you will not attempt to hold us liable for inaccuracies.
  • You WILL NOT FAIL to deliver items sold by you, unless you have a valid reason as set out in Ipexcare Terms of Service
  • You are responsible for sending a return shipping label to buyers
  • You will be charged a fee if the return/refund will be processed by IPEXCARE on your behalf.
  • If the transaction is cancelled by buyer, or you are responsible for the refund/return costs for buyers per IPEXCARE’s instruction, you authorize IPEXCARE to collect the corresponding transaction costs and to charge the corresponding amount owed on your credit card or your PayPal account in our file.
  • If your payment method fails or your account is past due, including missed payments / late payments, Ipexcare may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel, suspend or limit Ipexcare Services, and  request that PayPal deduct the amount owed from your PayPal account balance.
  • Ipexcare manages payments on behalf of sellers for most sales through Ipexcare Services. Regardless of whether or not Ipexcare manages a sale, the contract for sale underlying the purchase of goods is directly concluded between seller and the buyer.
  • Ipexcare places a hold on funds related to a particular buyer transaction to ensure Ipexcare remains a safe marketplace for buyer and seller. The funds on hold may be used to refund the buyer for the same transaction. The funds can be on hold up to 45 days after the confirmation of  items sold and delivered.

12. Notice for Claims of Intellectual Property Violations and Copyright Infringement

Ipexcare respects the intellectual property of others. We do our best to ensure that listed items, functionalities and content on our IPEXCARE site (web or mobile) do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us with detailed information so that we can do investigation.

Please send us an “email” AND a “certified mail” as following:

  • Email address and subject:

                 - Email address: Legal@ipexcare.com

                - Email Subject: Legal – Copyright – “Your name

  • Certified mail address:

                - Subject letter: Legal – Copyright - “Your name”
                - Address:

                   Legalinc Registered Agents, Inc.

                  Four Embarcadero Center, Suite 1400 #85, San Francisco, CA 94111

                  ATTN: IPEXCARE, LLC


 13. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IT WILL HAVE SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND IPEXCARE HAVE AGAINST EACH OTHER ARE RESOLVED.

THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST IPEXCARE (including its  affiliates, its DBA, its officers/directors/employees/contractors/representatives, its licensors (collectively “seller/vendor”)  or  its third-parties)  ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

You agree that any and all claims or disputes at law that rise between you and   IPEXCARE (including its affiliates, its DBA, its officers /directors /employees/ representatives, its licensors (collectively “seller/vendor”), its contractors, or its third-parties) arising from or relating to Ipexcare Services, terms, rules, conditions and policies will be resolved in accordance with the provisions set forth in this “Legal Disputes” section. 

13.1 Arbitration Agreement / Agreement to Arbitrate

You and Ipexcare each agree that any and all disputes or claims that have arisen, or may arise, between you and Ipexcare (including its affiliates, its DBA, its officers /directors /employees/ representatives, its licensors (collectively “seller/vendor”), its contractors, or its third-parties) that relate in any way to or arise out of this or previous versions of the Terms of Service, your use of or access to the Ipexcare Services,  or any product/service sold, offered, displayed, or purchased through the Ipexcare Services shall be resolved exclusively through final and binding arbitration, rather than in court, in accordance with the terms of this Arbitration Agreement. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

You agree that, by entering into these Terms of Service, you and IPEXCARE are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

13.2 Prohibition of Class and Representative Actions and Non-Individualized Relief:

You and IPEXCARE agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative or private attorney general action or proceeding.

Unless both you and IPEXCARE agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. Also, the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and IPEXCARE's right to appeal the court's decision. All other claims will be arbitrated.

 13.3 Pre-Arbitration Dispute Resolution:

IPEXCARE is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly and to a customer’s satisfaction. The claim/dispute against Ipexcare should include contact information, provide a description of the nature and basis of the claims, and should send to Ipexcare as following:

           AND

  • By sending a certified mail at the following address:

                Legalinc Registered Agents, Inc.,   

                Four Embarcadero Center, Suite 1400 #85, San Francisco, CA 94111

                ATTENTION:  IPEXCARE, LLC

In the event Ipexcare initiates a claim against you, it will send a copy of the claim to the physical address we have on file associated with your Ipexcare account. It is your responsibility to keep your physical address up to date at your Ipexcare account.

If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (see section 13.4 - Arbitration Procedures). During the arbitration, the amount of any settlement offer made by the Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled. 

13.4 Arbitration Procedures:

  • Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law
  • The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
  • An arbitrator should apply the terms of this Arbitration Agreement as a court would. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability and arbitrability of this Arbitration Agreement.
  • A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice").  All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.The Notice to Ipexcare should send to:

                    Legalinc Registered Agents, Inc.,  

                    Four Embarcadero Center, Suite 1400 #85, San Francisco, CA 94111

                    ATTENTION: Legal – IPEXCARE LLC

  • If you and Ipexcare are unable to resolve the claims described in the Notice within 60 days after the Notice is sent, you or Ipexcare may initiate arbitration proceedings. During the arbitration, the amount of any settlement offer made by the Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.
  • A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to Ipexcare, by certified mailed, at the following address:

                    Legalinc Registered Agents, Inc.,  

                    Four Embarcadero Center, Suite 1400 #85, San Francisco, CA 94111

                    ATTENTION: Legal – IPEXCARE LLC

  • In the event Ipexcare initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Ipexcare account. It is your responsibility to keep your physical address up to date at your Ipexcare account.
  • Unless Ipexcare and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA.
  • If the value of the relief sought is $10,000 or less, you or Ipexcare may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Ipexcare subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Ipexcare may attend by telephone, unless the arbitrator requires otherwise.
  • The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Ipexcare user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

13.5 Costs of Arbitration:

Payment of all filing, administration and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise stated in this Agreement to Arbitrate.

Each party pays the costs of its representative (lawyer or non-lawyer) and those associated with providing its own witnesses, with the parties splitting the cost of the arbitrator’s fees and expenses.

13.6 Confidentiality:

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

13.7 Severability:

With the exception of any of the provisions in “Prohibition of Class and Representative Actions and Non-Individualized Relief" Section of this Agreement to Arbitrate, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

13.8 Future Changes to Arbitration Agreement:

We may amend this Agreement to Arbitrate at any time, by posting the amendments on www.ipexcare.com (Term of Service section) at least 15 days before the effective date of the amendments, or by notifying you via email.

Notwithstanding any provision in these Terms of Service to the contrary, Ipexcare agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address), you may reject any such change by sending to Ipexcare the written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service)