Privacy Policy & Terms of Use

Tamber Health (referred to in this Tamber Health Terms of Use and Privacy Policy as “Tamber”, “we”, “us” or “our”), is the operator of the website www.tamberhealth.com (the “Site”) and the provider of the services made available through the Site (our services and the Site will be referred to together as the “Service”). This Tamber Health Terms of Use and Privacy Policy (the “Terms of Use and Privacy Policy”) applies when you access, visit or use the Service. If you do not agree to the Terms of Use and Privacy Policy you should not access, visit or use the Service.

Description of the Service; Eligibility. The Service is an online platform that facilitates the delivery of behavioral assessments, consultations, and care. We do not knowingly solicit or collect information from individuals who are not eighteen (18) years old or who are below the applicable legal age of majority without obtaining the consent of a user’s parent or guardian (to the extent required by law) or a referral from a qualified medical professional. In addition, we will never knowingly solicit or collect information about users who are under thirteen (13) years of age without verifiable parental consent.
Acceptance of the Terms of Use and Privacy Policy. By using the Service, you agree to be bound by the terms of the Terms of Use and Privacy Policy.
Privacy Policies. It is our policy to use the information we collect about you in connection with the Service in a manner that is consistent with the Terms of Use and Privacy Policy. Accordingly, the Terms of Use and Privacy Policy advises you about the types of information we collect about you in connection with the Service and how we may use that information. In connection with your use of the Service, please also review our Notice of Protected Health Information Privacy Practices (our “PHI Privacy Policy”) in order to learn more about how we use information we collect from you when you access, visit or use the Service. The PHI Privacy Policy is part of and is governed by the Terms of Use and Privacy Policy and by agreeing to the Terms of Use and Privacy Policy, you agree to be bound by the terms of the PHI Privacy Policy, and you agree that we may use information collected from you in accordance with the Terms of Use and Privacy Policy and the PHI Privacy Policy.
Information Collection by Tamber Health.
1. Collection of Protected Health Information. We may collect information from you that relates to your past, present, or future physical or mental health, the provision of health care to you, or your past, present, or future payment for the provision of health care. This information is considered “Protected Health Information” and will be handled in accordance with our PHI Privacy Policy. You should review our PHI Privacy Policy to understand our privacy practices with regard to your Protected Health Information. As used in the Terms of Use and Privacy Policy, the term “Personal Information” does not include any Protected Health Information.
2. Collection of Personal Information. We directly collect the following types of “Personal Information” that you voluntarily provide to us through or in connection with the Service:
  1. Identifying Personal Information. We may collect information from you that can be used to personally identify and/or contact you. Identifying personal information collected in connection with the Service may include your name, e-mail address, telephone number or cellphone number, mailing address or billing address.
  2. Other Personal Information. In addition to Identifying Personal Information, we may collect other personal information from you that may be associated with your Identifying Personal Information. Other personal information may include your insurance i.d. or policy number, date of birth, IP address and, if you make a purchase in connection with the Service, your credit card or other payment account information.
3. How We Directly Collect Information from You: There are a number of different ways that we directly collect information from you. These may include:
  1. Personal Information requested by Tamber Health Representatives. A Tamber Health representative may ask you to provide your name, mailing address, telephone or cellphone number, email address, date of birth, insurance information and other information that is relevant to your use of the Service.
  2. Personal Information requested through the Service. When you access and use the Service you may be asked to provide your name, mailing address, telephone or cellphone number, email address, date of birth, insurance information and other information that is relevant to your use of the Service.
  3. Phone, Text, Video or Other Conversations. If you call us or if you provide us with your telephone number or cellphone number, and consent to receive communications by phone or text message in connection with the Service, we may call or text message you, as applicable, to follow-up in connection with the information you provide through the Service. We may also contact you via videoconference or other electronic means. The information you provide during these calls, text messages, videoconferences or other electronic conversations may include Personal Information and will be associated with the other Personal Information provided to us in connection with your use of the Service. We also note that we may record the conversations that we have with you during these calls, text messages, videoconferences or other electronic conversations. We will only record calls, text messages, videoconferences or other electronic conversations in accordance with applicable law and the Terms of Use and Privacy Policy. In addition, if you provide any Protected Health Information during these calls, text messages, videoconferences or other electronic conversations it will be handled in accordance with our PHI Privacy Policy. You should review our PHI Privacy Policy to learn more about our privacy practices with regard to your Protected Health Information.
  4. Assessment Questionnaires. When you use the Service we may ask you questions relating to your mental health, or health generally, that are relevant to medical diagnoses, treatment, and a plan for care or treatment. The information you provide in response to these questions may include Personal Information and will be associated with the other Personal Information provided to us in connection with your use of the Service. Any Protected Health Information that you provide will be handled in accordance with our PHI Privacy Policy. You should review our PHI Privacy Policy to learn more about our privacy practices with regard to your Protected Health Information.
4. Information that Insurance Companies, Physicians and other Healthcare Service Providers Provide to Us. In order to enhance your use of the Service, insurance companies, physicians and other healthcare service providers may provide us with information about you, including Personal Information such as your name, mailing address, telephone or cellphone number, email address, date of birth, insurance information and other information that is relevant to your use of the Service. These insurance companies, physicians and healthcare service providers are only permitted to provide us with information about you in accordance with applicable law. We will not knowingly collect information about you from insurance companies, physicians and other healthcare service providers if we are not permitted to do so by applicable law. You should contact your insurance company, physician or healthcare service provider if you have any questions about how and when they disclose information to us in connection with the Service. If an insurance company, physician or healthcare service provider provides us with any information about you that constitutes Protected Health Information, it will be handled in accordance with our PHI Privacy Policy. You should review our PHI Privacy Policy to understand our privacy practices with regard to your Protected Health Information.
5. NOTE REGARDING INFORMATION PROVIDED ABOUT YOU BY INSURANCE COMPANIES, PHYSICIANS AND OTHER HEALTHCARE SERVICE PROVIDERS: WE DO NOT REQUIRE INSURANCE COMPANIES, PHYSICIANS OR OTHER HEALTHCARE SERVICE PROVIDERS TO PROVIDE INFORMATION ABOUT YOU TO US. IF INSURANCE COMPANIES, PHYSICIANS OR OTHER HEALTHCARE SERVICE PROVIDERS PROVIDE INFORMATION ABOUT YOU TO US, WE REQUIRE THAT THE INSURANCE COMPANIES, PHYSICIANS OR OTHER HEALTHCARE SERVICE PROVIDERS OBTAIN ALL NECESSARY CONSENTS, RIGHTS AND AUTHORITY PRIOR TO PROVIDING US THIS INFORMATION. INSURANCE COMPANIES, PHYSICIANS OR OTHER HEALTHCARE SERVICE PROVIDERS ARE RESPONSIBLE FOR OBTAINING THESE CONSENTS, RIGHTS AND AUTHORITY AND ARE SOLELY LIABLE IN CONNECTION WITH DISCLOSURE OF INFORMATION ABOUT YOU TO US IN CONNECTION WITH THE SERVICE. IF YOU BELIEVE THAT YOUR INSURANCE COMPANY, PHYSICIAN OR OTHER HEALTHCARE SERVICE PROVIDER HAS PROVIDED INFORMATION TO US IN VIOLATION OF YOUR RIGHTS OR ANY APPLICABLE LAW, PLEASE CONTACT US AT (612) 814-0814.
6. Information that We Automatically Collect from Your Computer when You Use the Service: We may automatically collect information from you when you use the Service using “cookies” and Google Analytics. Cookies are small amounts of data that are stored within your computer’s Internet browser and that are accessed and recorded by the websites that you visit so that they can recognize the same browser navigating online at a later time. Information that may be collected by cookies and web beacons when you use the Service may include, without limitation:
  1. the pages you visit within the Service;
  2. the date and time of your visit to the Service;
  3. the amount of time you spend using the Service;
  4. the Internet Protocol (IP) address used to connect your computer to the Internet; and/or
  5. your computer and connection information such as your browser type and version, operating system and platform.
7. You can set your browser to reject cookies or to notify you when you are sent a cookie. However, cookies are necessary to use the Service and, unfortunately, you will not be able to use the Service if cookies are disabled in your browser.
8. Google Analytics are services provided by Google. At any given time, we may implement one or more of the following Google Analytics.
  1. Remarketing with Google Analytics
  2. Google Display Network Impression Reporting
  3. DoubleClick Platform integrations
  4. Google Analytics Demographics and Interest Reporting
9. You can disable these services by visiting Google Analytics’ currently available opt-outs for the web.
10. Information Collection by Third Parties. If you visit the Service from a third-party website the third-party website may give you a unique code, cookie or graphic which will uniquely identify you. This will only happen if you link directly from a third party website to the Service. Your activities on the Service while such a code is active may be reported back to the third party website. The presence of a third party navigation bar at the top of any page on the Service is an indication that the third party website may be able to see your activity on the Service.
11. How We Use the Information We Collect. We use the information we collect from or about you for the following purposes:
  1. To manage and service your account.
  2. To respond to a particular request from you.
  3. To provide you with information that we believe may be useful to you, such as information about health products or services provided by us or other businesses.
  4. To comply with applicable laws, regulations, and legal process.
  5. To protect someone’s health, safety, or welfare.
  6. To protect our rights, the rights of affiliates or related third parties, or take appropriate legal action, such as to enforce the Terms of Use and Privacy Policy.
  7. To keep a record of our transactions and communications with you.
  8. As otherwise necessary or useful for us to conduct our business, to the extent the applicable use is permitted by law.
12. You understand and specifically agree that we may use Personal Information to contact you through any contact information you provide through the Service, including any email address, telephone number or cell phone number. You should review Section 5 of the Terms of Use and Privacy Policy in order to better understand our communications practices.
13. How We Share Personal Information with Third Parties. We may share the Personal Information we collect in connection with the Service with the following third parties:
  1. Your Insurance Company, Physician or other Healthcare Service Provider: If your insurance company, physician or healthcare service provider provides information to us about you, we may share the Personal Information you submit through the Service with this insurance company, physician or healthcare service provider in order to help coordinate and guide your diagnosis, treatment or plan for care. We will only share your Protected Health Information with insurance companies, physicians and healthcare service providers in accordance with our PHI Privacy Policy. You should review our PHI Privacy Policy to understand our privacy practices with regard to your Protected Health Information.
  2. Our Service Providers: We may share your information with third party contractors or service providers who provide certain services to us or on our behalf, such as operating and supporting the Service or processing insurance claims. These service providers will only have access to the information needed to perform these limited functions on our behalf and are required to provide your information with at least the same level of protection and security as we use for the Service.
  3. Our Affiliates: We may share some or all of your information with our parent company, subsidiaries, corporate affiliates, joint venturers, or other companies under common control with us. We will require these entities to comply with the terms of this Privacy Policy with regard to their use of your information.
  4. Companies that Acquire Our Business or Assets: If our company or our assets are acquired by, transferred to or merged with another company, that company may acquire the information collected by us. We will require the applicable company to assume the rights and obligations that are applicable to your information at the time of the acquisition, transfer or merger.
  5. Law Enforcement Authorities: We may disclose your information if required to do so by law or to comply with valid legal process (such as a search warrant, subpoena or court order), to protect our rights or property, or during emergencies when safety is at risk.
14. We will obtain your consent prior to sharing your Personal Information with any third party not described above.
15. How We Protect Your Information. We have implemented reasonable physical, electronic, and procedural safeguards to protect the information we have collected about you in connection with or through the Service from unauthorized use, misuse, disclosure, loss and alteration. You must understand, however, that we cannot guarantee the absolute security of your information, and that no networked system or Internet transmission is totally secure. We assume no responsibility or liability if any information relating to you is intercepted and/or used by an unintended recipient.
16. Correcting/Updating Your Information. If your name, email address, mailing address, telephone number or other contact information that you provide to us changes, you may update, correct or omit the relevant information by contacting us using the contact information provided in Section 28 below.
17. No Use by Children. The Service is not intended for use by children under the age of thirteen (13). We will never knowingly collect information directly from children under the age of thirteen (13) without verifiable parental consent. If you are under the age of thirteen (13), please do not provide us with information of any kind whatsoever. If we become aware that a user is under the age of thirteen (13) and has submitted information to the Service without verifiable parental consent, we will remove his or her information from our files. We understand that children may not fully understand all of the provisions of this Privacy Policy or make informed decisions about the choices that are made available to adult users of the Service. We encourage parents and guardians to spend time with their children online and to be familiar with the websites they visit.
18. Use of Information Outside of Your Country of Residence. The Service is directed to users located in the United States. If you are located outside of the United States and choose to use the Service or provide your information to us, you should be aware that we may transfer your information to the United States and process it there. The privacy laws in the United States may not be as protective as those in your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to such transfer.
19. Retention of Personal Information. We will retain Personal Information while your account with us is active, and from closed or inactive accounts to the extent and as long as it is necessary and relevant for our operations and to comply with law, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce the Terms of Use and Privacy Policy, and take other actions otherwise permitted by law.
Our Communication Practices Generally.
1. Contacting You by Telephone, Text, Email or Videoconference. If you provide your telephone number, cellphone number or email address to us in connection with your use of the Service, and elect to receive phone calls, text messages or emails from us, we may contact you by phone, by text and/or by email in connection with the Service. We may also contact you via videoconference or other electronic means. We communicate with you by phone, text message and email because these forms of communication are typically more convenient for users of the Service, and regular, consistent follow-up is important for the implementation and success of any healthcare treatment plan.
2. Recording Phone Calls, Text Messages, Emails, Videoconferences or Other Electronic Conversations. You acknowledge and agree that we may monitor and record the phone calls, text messages, emails, videoconferences or other electronic conversations you make to us or that you receive from our representatives in connection with the Service for purposes of, among other things, training and quality improvement. By agreeing to the Terms of Use and Privacy Policy, you authorize us to monitor and record phone calls, text messages, emails, videoconferences or other electronic conversations that you make to us or that you receive from our representatives in connection with the Service. We note that we will not record a phone call or videoconference that includes a psychiatric evaluation.
Our Communication Practices with regard to Protected Health Information.
1. Protected Health Information and Electronic Communications. When we contact you by phone, text or email you may provide us with Protected Health Information. There are risks involved any time your Protected Health Information is communicated between two different parties, however, these risks are heightened when the communication is by means of an online or electronic communication method, such as phone, text message or email. It is important that you consider these risks prior to communicating with us by phone, text message or email. For example, communications sent by phone, text message or email may:
  1. Travel much further than you planned (e.g., online communications can be forwarded, intercepted, or even changed without your knowledge);
  2. Be easier to falsify than handwritten or signed hard copies (e.g., a dishonest person could attempt to impersonate you);
  3. Be more permanent (e.g., backup copies may exist on a computer or in cyberspace, even after you have deleted your copies);
  4. Not be private simply because it relates to your own medical information (e.g., employers and online services have a right to inspect and keep online communications transmitted through their system).
  5. It is very important that you consider these risks each time that you plan to communicate with any member of our staff or personnel by phone, text message or email. While the likelihood of risks associated with the use of the phone, text message or email, particularly in a secure environment, is substantially reduced, the risks are nonetheless real and very important to understand.
2. Please note that communications by phone, text message or email are additional communication options and not a replacement for traditional communication methods with your physician or other healthcare providers. It is your choice whether to communicate with us by phone, text message or email, and at any time, you may stop communication with us and our staff by phone, text message or email. We are not responsible or liable for any improper disclosure of confidential information caused by you or an independent third party. Please note that any follow-up communications are solely your responsibility. You are also responsible for scheduling any necessary appointments and for determining if an unanswered phone call, text message or email that you sent was not received by us.
3. Safeguarding Your Protected Health Information. We will apply reasonable safeguards to protect any of your Protected Health Information that is transmitted by phone, text message or email, and all such information will be handled in accordance with our PHI Privacy Policy. We will do our best to keep your confidential information secure, but it is important to note that any safeguards or protections that we implement are not perfect. In addition to the steps that we are taking to secure your information, we would advise that you communicate in a way that minimizes the potential risks associated with providing information by phone, text message or email. For example, you should ensure that each text message or email that you send to us is correctly addressed and that we have your correct phone number or email address in case of a follow-up message. You should also keep track of who has access to your email account so that only you, or someone you authorize, can see the messages you receive from us.
Prohibited Activities. You may not access or use the Service for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Service in our discretion. These prohibited activities include, without limitation, the following:
1. Criminal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets.
2. Using any information obtained from the Service in order to contact, advertise to, solicit or sell any products or services to any user without their prior explicit consent.
3. Interfering with, disrupting or creating an undue burden on the Service or the networks or services connected to the Service.
4. Attempting to impersonate another user or person.
5. Using the user I.D. or account of another user.
6. Using any information obtained from the Service in order to harass, abuse or harm another person.
7. Using the Service in a manner inconsistent with any and all applicable laws and regulations.
Copyrights. We respect the intellectual property rights of others, and require you to do the same. It is out policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material, including the full URL; (4) your name, address, telephone numbers, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:John Roberts
New Counsel, PLC
233 Park Avenue, Suite 203
Minneapolis, MN 55415
612-659-8443
jroberts@newcounsel.com
Management of the Service. You acknowledge that we reserve the right, but have no obligation, to
1. take appropriate legal action against anyone who, in our sole determination, violates the Terms of Use and Privacy Policy, including, without limitation, reporting you to law enforcement authorities,
2. in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable all or a portion of the Service, and
3. otherwise manage the Service in a manner designed to protect our rights and property and the rights and property of users of the Service and to facilitate the proper functioning of the Service.
Use of the Service. The Service and its contents and the trademarks, service marks and logos contained on the Service, are the intellectual property of Tamber Health or its licensors and constitute copyrights and other intellectual property rights of Tamber Health or its licensors under U.S. and foreign laws and international conventions. The Service, its contents and any data generated or produced using the Service may only be used for your informational, personal, non-commercial use and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without our express written consent. You agree not to engage in the use, copying or distribution of the Service, any of its contents or any data generated or produced using the Service for any commercial purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Service. We may, but are not obligated to, periodically provide updates to the Service to resolve bugs or add features and functionality. You do not acquire any ownership rights to the Service or to any contents contained on the Service. All rights not expressly granted in the Terms of Use and Privacy Policy are reserved by Tamber Health. You are solely responsible for your interactions with other users of the Service.
Termination by Us. We may suspend or terminate your use of the Service if you violate the Terms of Use and Privacy Policy or in our discretion. We may also impose limits on or restrict your access to parts or all of the Service without notice or liability.
Cancellation by You. You may cancel your account with us at any time by contacting us using the contact information in Section 28 below. Following cancellation you will no longer have access to the Service.
User Content. You shall be solely responsible for any data, information, text, messages, or other materials you upload or submit to the Service (“User Content”). You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party; and will not cause injury to any person or entity. You are solely responsible for the User Content you submit in connection with the Service, and Tamber Health assumes no liability for any User Content submitted by you. For any User Content you submit, you grant to Tamber Health a non-exclusive, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, and distribute such User Content all without compensation to you, solely as necessary to provide the Service to you. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. Personal information or Protected Health Information that you provide in connection with the Service will not be considered User Content and will be handled in accordingly with our Privacy Policies.
Disclaimer of Warranties. THE INFORMATION CONTAINED IN AND PROVIDED THROUGH THE SERVICE, INCLUDING TEXT, GRAPHICS, LINKS, OR OTHER ITEMS, IS PROVIDED “AS IS”. TAMBER HEALTH DOES NOT WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ACCESSED ON OR THROUGH THE SERVICE AND TAMBER HEALTH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR MATERIALS ACCESSED ON OR THROUGH THE SERVICE. NO WARRANTY OF ANY KIND, WHETHER IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH ANY INFORMATION, MATERIALS, OR SERVICES PROVIDED THROUGH THE SERVICE.
SOME STATES RESTRICT DISCLAIMERS OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.
Limitation of Liability. IN NO EVENT SHALL TAMBER HEALTH BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES OR EXPENSES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS OR SERVICES PROVIDED THROUGH THE SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF TAMBER HEALTH OR ITS THIRD PARTY SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN NO EVENT WILL TAMBER HEALTH’S AGGREGATE LIABILITY FOR ANY CLAIM EXCEED $100.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify and hold Tamber Health harmless from and against any and all claims, damages, and costs including attorneys’ fees, arising from or related to your use of the Service other than in accordance with the Terms of Use and Privacy Policy.
Governing Law and Jurisdiction. You agree that your use of the Service shall be governed by and construed in accordance with the laws of Minnesota , without regard to conflict of law rules.
Arbitration Agreement and Waiver of Class Remedies
1. Arbitration. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to the Terms of Use and Privacy Policy (including its formation, performance and breach) and the Service shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms of Use and Privacy Policy, including, but not limited to, any claim that all or any part of the Terms of Use and Privacy Policy is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost.
2. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
3. Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
4. Exception – Litigation of Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
5. Thirty Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this Section by sending written notice of your decision to opt-out to the following address: Tamber Health, P.O. Box 178, Crystal Bay, MN 55323. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service.
Amendments. The Terms of Use and Privacy Policy may be amended by us from time to time. We will post any material changes to the Terms of Use and Privacy Policy on the Service with a notice advising of the changes at least thirty (30) days before the effective date of the changes. If you have provided us with your email address we will also notify you of material changes to the Terms of Use and Privacy Policy by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. You may cancel your account prior to the end of the applicable thirty (30) day period by contacting us using the contact information in Section 28 below. If you choose to cancel your account within this thirty (30) day period, you will not be bound by the terms of the revised Terms of Use and Privacy Policy but will remain bound by the Terms of Use and Privacy Policy in effect prior to the effective date of the applicable change(s). We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes, so that you may receive any notices we send to you regarding material changes to the Terms of Use and Privacy Policy.
No Oral Modifications. Employees of Tamber Health are not authorized to modify the Terms of Use and Privacy Policy, either verbally or in writing. If any of our employees offers to modify the Terms of Use and Privacy Policy, he or she is not acting as an agent for Tamber Health or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of Tamber Health or anyone else purporting to act on our behalf.
No Third Party Beneficiaries. The Terms of Use and Privacy Policy is between you and Tamber Health. There are no third party beneficiaries.
Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and Privacy Policy and you do not have any authority of any kind to bind Tamber Health in any respect whatsoever.
Non-Waiver. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Force Majeure. Tamber Health shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Tamber Health’s reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation.
Severability. If any provision of the Terms of Use and Privacy Policy is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use and Privacy Policy shall otherwise remain in full force and effect and enforceable.
Assignment. The Terms of Use and Privacy Policy is not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate the Terms of Use and Privacy Policy and our related rights and obligations without obtaining your consent.
Entire Agreement. The Terms of Use and Privacy Policy supersedes all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Service or its contents. Modifications to the Terms of Use and Privacy Policy that are not posted on the Service are not valid unless made in writing and signed by our authorized representative.
Notices. You consent to receive notices and other communications regarding these terms and conditions and/or other aspects of the Service through posting of notices on the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.
Contact Us. If you have any questions about the Terms of Use and Privacy Policy or your account, or our use of the information we collect from you in connection with the Service, you may contact us by email at privacy@tamberhealth.com, by phone at(612) 814-0814, or by postal mail at

Tamber Health

P.O. Box 178

Crystal Bay, MN 55323

Attention: Administration.

Effective Date: 10/08/2014.