Tia Membership Terms of Use
These Membership Terms of Use (these “Terms”) set forth the terms of your membership in the membership program (the “Membership”) offered by Tia, Inc. (“Tia”). The Membership is designed to offer you a more personalized approach to your health care experience.
Tia Membership
Tia’s Membership options offers access to one or more of the following: the member portal, membership services that include personal healthcare navigation services, wellness services, communication services, and facilitation of access to clinical services provided by Tia through the website located at www.asktia.com (collectively, the “Services”).
The Services offered by Tia are not professional services, and do not include items or services that are covered by health insurance plans. Tia does not engage in the practice of medicine or provide any diagnostic, therapeutic or clinical services, and no act or service required or permitted to be rendered by Tia pursuant to these Terms should be construed or deemed to constitute the practice of medicine or any clinical profession for which a professional license is required. Tia is contracted with certain entities and their affiliated medical services providers that are licensed to provide professional services through various relationships (collectively the “Tia Providers”). Tia works closely with the Tia Providers and provides management and administrative services to the Tia Providers. The Tia Providers provide professional services and will bill you or your health insurance plan separately for any professional services they provide to you. These Terms govern only your access to and use of the Membership, and any related products or benefits, offered by Tia.
Access to Services
By accessing the Services, you warrant that:
- You are legally capable of entering into binding contracts;
- You are over the age of eighteen (18);
- All registration information you submit is truthful and accurate;
- You will maintain the accuracy of such information; and
- Your use of the Services does not violate any applicable law or regulation.
Your Relationship With Us
Tia operates technology services, the websites and the content associated therewith, which facilitate the Services. By accepting these Terms, you acknowledge and agree that Tia is not a healthcare provider and that by using the Services, you are not entering into a doctor-patient or other health care provider-patient relationship with us.
Purchase of Membership
If you purchase a Membership, the terms of sale provided in this section apply to you, as well as any other specific rules, usage restrictions, or procedures that we may provide to you in relation to your purchase.
The Membership does not cover or pay for any professional services provided by the Tia Providers. The Tia Providers participate with one or more health plans, and accept payment from those plans as payment in full for professional services provided by the Tia Providers, subject to applicable deductibles, co-payments and co-insurance. The Tia Providers will separately bill you or your health insurance plan for any professional services rendered to you by the Tia Providers. Tia Providers do not currently accept any government sponsored insurance plans, including but not limited to, Medicaid, Medicare, managed Medicaid, managed Medicare, or TriCare plans.
You understand and agree that these Terms are not a contract of insurance. These Terms do not meet any individual health insurance mandate that may be required under state or federal law. While you may, in your discretion, submit the Membership fee for reimbursement to a flexible spending account, health reimbursement account, or medical savings account of your employer in which you participate, Tia makes no representation that any part of the Membership fee will qualify to be reimbursed from any such account.
You agree to provide your payment information at the time you purchase or renew your Membership. For information on limited access memberships, please find information here.
If you sign up for a Membership on or after August 29, 2024, the following Membership terms apply.
All Tia Memberships are annual commitments. However, Tia offers two distinct payment models: 1) A Tia provides an option of either a discounted rate annual Membership charged annually up front (“Annual Payment”); or 2) A monthly rate charged per month, as an annual Membership (“Monthly Payment”). Rates are agreed to upon signing up for a Tia Membership and entering a valid credit card number. Regardless of the payment model you choose, Your Membership will continue as an annual commitment, and you will continue to be charged with the credit card on file when you sign up, and until you cancel your Membership, if cancellation is valid and applicable, as provided in the section below on “Cancellation or Suspension of Membership.” For the Monthly Payment option, you will be charged on the day you sign up and every month thereafter on the same day of the month. For the Annual Payment option, you will be charged on the day you sign up and the membership will renew on the same day of the same calendar month of the following next year. Your card will be charged separately for any additional charges you incur in addition to Annual Payment or Monthly Payment Membership fees.
If you have an existing Tia Membership prior to August 29, 2024 and after April 8, 2024, the following Membership terms apply.
All Tia Memberships are annual commitments. However, Tia offers two distinct payment models: 1) A Tia provides an option of either a discounted rate of one hundred and fifty dollars ($150) annual Membership charged annually up front; or 2) A standard rate of fifteen dollars ($15) per month, as an annual Membership charged monthly. Regardless of the payment model you choose, Your Membership will continue as an annual commitment, and you will continue to be charged with the credit card on file when you sign up, and until you cancel your Membership, if cancellation is valid and applicable, as provided in the section below on “Cancellation or Suspension of Membership.”
If you have an existing Tia Membership on or prior to April 8, 2024, the following Membership terms apply.
You may purchase an annual Membership or monthly Membership. Your Membership will continue, and you will continue to be charged with the credit card on file when you sign up, and until You cancel your Membership, if cancellation is valid and applicable, as provided in the section below on “Cancellation or Suspension of Membership.” Annual Memberships are billed at a fee of one hundred fifty dollars ($150) on an annual basis. Monthly Memberships are billed at a fee of fifteen dollars ($15) per month. For all Memberships you will be charged a one-time initiation fee of twenty dollars ($20).
Cancellation or Suspension of Membership
All Memberships may be canceled for any reason within 48 hours of purchase.
Notwithstanding the above, Memberships are non-refundable unless there are extenuating circumstances, which Tia may require documentation to corroborate. For members who are charged for their membership on a monthly basis, cancellations that are valid and approved will be effective on the first day of the next calendar month after the month in which the cancellation is approved. For members who are charged for their membership annually, you must provide notice of cancellation at least seven (7) days prior to your billing date and cancellation will be effective on the billing date. You may reach out to our team to cancel your Membership by messaging the Tia admin team via the chat tool in the Tia portal at asktia.com.
Upon termination of your Membership with Tia, all outstanding debts and liabilities are due. Termination of your Membership at Tia will revoke all credits and promo-codes that you may have accumulated during your time as a Member.
By signing up for Membership with Tia, You are hereby consenting to this Cancellation Policy.
Our payment page is powered by a third party payment service provider, Stripe. The information provided to Stripe is governed by Stripe’s Terms of Services and Privacy Policies located at https://stripe.com/legal/ssa and https://stripe.com/privacy.
Tia is not responsible for the performance of Stripe. In using the Services, Stripe may receive and implement updated credit card information from your credit card issuer in order to prevent your Membership from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Stripe at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer. Our obligation to provide the Services begins when we take receipt of your order. You agree not to hold us responsible for banking charges incurred due to payments on your account.
Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for any taxes on your Membership, and taxes, shipping or carriage as such costs are specified by us on the Tia Website when you submit your order.
Transfer of your Membership to any other person is strictly prohibited.
Membership Policies
Tia is a community of members. In order to become a member, you must create an account through the Tia Website. Membership sales will continue as long as capacity lasts. Tia is an open and diverse community for all.
Changing Fees and Charges
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any future Services. In the event we change the total price in which You pay for Services, we will provide notice informing You of the change on a prospective basis.
Cancellations By Tia
We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms, inappropriate behavior, or other related policies or restrictions. Such termination or suspension may be immediate and without notice.
Tia will also terminate your membership automatically if you are discharged as a patient of any of the Tia Providers for any reason.
Use of the Services; Restrictions on Use
We may, from time to time, at our sole discretion develop and provide updates to the Services, change the Services, restrict access to the Services (including to registered users) or withdraw or terminate the Services entirely, and we reserve the right to do so in our sole discretion. You will be provided notice of any material changes to the Services. Any such updates or changes will be deemed part of the Services and will be subject to all terms and conditions of these Terms. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein.
You may only use the Services as explicitly authorized and in compliance with any policies made available to you within the Services. You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. Without limiting the foregoing, you may not do any of the following while accessing or using the Services:
- use the Services or solicit members for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use, without our express written consent;
- express or imply that any statements you make are endorsed by Tia;
- scrape the Services or use other automated or manual means to take our content without our express prior written consent;
- modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Services not intended to be so read;
- take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
- bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
- run any form of auto-responder or “spam” on the Services;
- access or use the Services for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party; or
- otherwise take any action in violation of these Terms.
Disclaimers
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL TIA OR ANY OF ITS LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, OR RESULTING FROM ANY CONTENT POSTED ON THE SERVICES.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND TIA AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, TIA AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. TIA DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
Any general advice that may be posted on the Services is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, Tia makes no representations or warranties and expressly disclaims any and all liability concerning any treatment of, action by, or effect on any person following the general information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require medical advice, you should consult with an appropriately trained and qualified medical services provider.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
You are responsible for all activities that occur under your account. In the event access to the Services or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID.
Electronic Communications
You agree to receive invitations, notifications, reminders and other communications from Tia and Tia Providers through the portal, or by email, text message (including any short message service), fax, phone or other method of communication. You also agree to receive automated calls and texts (“Automated Messages”). 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.
You authorize Tia and Provider to send text message to the cell phone you have provided when you created your account. If you wish to update this phone number, you can contact Tia, inc via their help email address sayhello@asktia.com. You authorize Tia and Provider to send emails to the email address you have provided when you created your account. If you wish to change this address, you can update it through the online portal.
Because e-mails sent over the Internet or texts sent over the control channel without encryption are not secure, you agree to the risks associated with e-mail and text messaging, including, without limitation, that e-mails and text messages could be intercepted by unknown third parties; e-mail content can be changed without the knowledge of the sender or receiver; backup copies of e-mail may still exist even after the sender and receiver have deleted the messages; and e-mail can contain harmful viruses and other programs. Tia and Tia Providers recommend that you delete all text messages or emails as soon as possible after reviewing them to limit any unauthorized exposure.
Automated Messages
By using the Services, you acknowledge and understand that you may receive multiple messages per day, and that you are responsible for any message and data rates charged by your mobile carrier. You can opt out of receiving Automated Messages at any time, including by replying “STOP” to an automated text message.
Provider Messages
You consent to receive text messages or emails from Tia Providers and his or her agents on your cell phone or other devices. You understand that text messages and emails sent by Provider may include appointment reminders or changes in previously scheduled appointments, or may provide advice or education. Provider does not charge for this service, but you understand that standard text messaging rates may apply as provided in your wireless plan and you may contact your carrier for pricing plans and details.
You understand that you may revoke my request for further communications via text or email at any time by notifying my Provider in writing. However, if you continue to communicate with Provider via text or email, Provider can assume that your consent remains valid.
Public Forums, Communication and User Content
"Public Forum" means a chat area, bulletin board, weblog, blog, posting or e-mail function offered as part of the Services. The Services may now or in the future permit, via Public Forums or other means, the submission of Content at the direction of users of the site (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You shall be solely responsible for User Content you submit and the consequences of Tia's or its Service Provider’s posting or publishing such User Content. Information, views and opinions expressed in Public Forums are the views of the person posting the message, do not necessarily reflect the views of Tia and are not endorsed, supported, encouraged, sanctioned, verified or agreed upon by Tia including, but not limited to, any so-called “expert”, “moderator”, “blog-editor” or other individual functioning in a similar capacity. Tia reserves the right to remove or edit User Content that we believe may be offensive to our audience and/or which violates our inclusive messaging standards. Please be advised that because of real-time circumstance, these materials may not always be able to be removed or edited in a timely fashion. Tia is not responsible for any unsolicited e-mail you may receive as a result of participating in any Public Forum. Tia reserves the right to terminate your ability to access any Public Forum for any reason and without notice.
By communicating in any Public Forum, you hereby represent that you have all necessary rights in the User Content, communications, or other information that you have provided, transmitted or sent to the Public Forum. By uploading User Content to any Public Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) Tia and its Service Providers a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition to the foregoing licenses, you hereby grant both Tia and its Service Providers a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, translate, create derivative works from and distribute such materials in connection with other websites that make use of services provided by Tia's Service Providers. You warrant that all so-called “moral rights” in those materials have been waived.
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us and our Service Provider all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
WITHOUT LIMITATION OF THE FOREGOING, TIA DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE MATERIALS FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE MATERIALS CONTAINED THEREIN.
Copyright Infringement Notifications
If you are a copyright holder and believe that material directly available via the Services infringes your copyrighted work, please let us know by sending a notice to legal@asktia.com with the following information addressed to Tia, Inc., ATTN: Copyright Infringement Notice, the copyright work alleged to have been infringed;
- the allegedly infringing material and information reasonably sufficient to help us locate the material on the Website;
- your contact information, including at least your complete name, address, phone number and e-mail address;
- a statement that you have a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- a statement that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and
- your physical or electronic signature.
Third Party Products, Advice and Services
We are not responsible for examining or evaluating any products, advice or services offered by any third parties whose icons, products, advice, services or hyperlinks appear on or through the Website. We make no representations, warranties or conditions regarding the offerings of any third party. Further, we do not assume any responsibility or liability for the products, advice, services and actions of any third parties. You understand that the purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from a third party is solely between you and the third party. We do not endorse, warrant or guarantee such products, advice information or services and are not liable for the accuracy, completeness or usefulness of such information or the quality or availability of such products, advice or services. You further understand that we will not be a party to or in any way be responsible for monitoring any transaction between you and a third party. As with any monetary endeavor, before purchasing goods or services from any third party, you should verify with the seller any and all information (particularly the price) that impacts your decision to make a purchase. You should use your best judgment and exercise caution when purchasing a product from a third party.
We provide links to third party direction, location and map services solely as a convenience to our users, which are intended to be used solely for informational purposes. We make no warranties on the accuracy of their content, route usability, expeditiousness or road conditions (including whether there are obstructions, like tunnels or bridges that may inhibit certain vehicles from safely using a particular route.) You assume all risk of use. Tia and its suppliers shall not be liable to you or any other person for any loss, damage or delay resulting from your use of these third party services.
We are not involved in any actual transaction between any user (including any so-called “expert”, “moderator”, “blog-editor” or the like) and third party, nor are we the agent of either for any purpose. As such, we will not be involved in resolving any disputes between any user and third party relating to or arising out of any transaction between such parties. We urge users and third parties to cooperate with one another to resolve any such disputes.
Disclaimers
Merchant and service availability, price and time-related information appearing on the website are subject to change. Tia is not responsible for any such changes and advises you to confirm all specific terms appearing on or through the website before acting in reliance on such terms.
Third-party products and services represented on the website are not necessarily endorsed or recommended by Tia and Tia disclaims all responsibility regarding the performance or the use of third-party products and services. Tia does not necessarily endorse or sanction the content, products or actions of websites that are linked to or from the Website.
THE MATERIALS ON AND AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON AND AVAILABLE THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN AND AVAILABLE THROUGH THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TIA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Indemnity and Limitation of Liability
You agree to indemnify and hold Tia (and its officers, directors, employees, agents and representatives) harmless against all claims, liabilities, losses, penalties, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or relating to your use of and access to the Services.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TIA BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN AND AVAILABLE THROUGH THE SERVICES, EVEN IF TIA OR A TIA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TIA's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.
TIA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, Tia makes no representations or warranties about the following:
- The Content provided on or through the use of the Website.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content on the Website.
Force Majeure
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, pandemics, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.
Right to Monitor
Tia reserves the right to monitor general use of the Services at any time as it deems appropriate and to remove any materials that, in Tia’s sole discretion, may be illegal, may subject Tia to liability, may violate these Terms, or are, in the sole discretion of Tia, inconsistent with Tia’s purpose for the Services.
Governing Law, Venue and Dispute Resolution
These Terms will be governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. You agree that resolution of any dispute or claim arising out of or related to these Terms shall be subject to the exclusive jurisdiction and venue in the state and federal courts in San Francisco County, CA.
If you believe you have a dispute or claim against us arising out of your use of the Services or under these Terms, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to this address: Tia, Inc., ATTN: Legal, 548 Market St., Ste. 45295, San Francisco, CA 94104.
If we are unable to resolve your concerns informally within 30 days after our receipt of your notice, you may file a claim in small claims court so long as you proceed only on an individual basis or commence an arbitration proceeding, which means YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT, HAVE A JURY TRIAL AND LEAD OR PARTICIPATE IN A CLASS ACTION. The arbitration will be conducted by a sole arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). For the avoidance of doubt, you agree that YOU MAY ONLY BRING CLAIMS AGAINST TIA IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, you agree that no arbitrator shall consolidate any other person’s claims with your claims and may not otherwise preside over any form of a multi-party or class proceeding. You agree that the award of the arbitrator will be binding and may be entered as a judgment in any court of competent jurisdiction in the State of California. You agree that we may seek interim or preliminary relief from a court of competent jurisdiction in California, necessary to protect our rights or property pending the completion of arbitration.
You must file a demand for arbitration with the AAA within ONE (1) YEAR after the date your claim arose, or within the shortest time period permitted by applicable law. Otherwise, your claim is waived.
Notice for California Consumers
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Tia, Inc., ATTN: Legal, 548 Market St., Ste. 45295, San Francisco, CA 94104 or ccpa-requests@asktia.com.
Miscellaneous
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
These Terms may be subject to change; the result of any change will be reflected on these pages.
Last updated: October 30, 2024