PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY SET FORTH IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.

Tia Terms of Use

Last updated: 10/30/23

The Services (as defined below) are not appropriate for emergency care or urgent situations. Do not disregard or delay seeking medical advice based on anything that appears or does not appear on the Website. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

These Terms (“Terms”) govern your use of the Tia website located at www.asktia.com and any other Tia (as defined below) owned or operated website that links to www.asktia.com (collectively, the “Website”).

You may only access and use the Website, including its content and any products or services provided through the Website or otherwise by Tia (the “Services” or “Service”) in accordance with these Terms.

Throughout these Terms “Tia”, “we”, “us”, and “our” means and refers to Tia and its current and future formed subsidiaries and affiliates. “You” and “your” means and refers to the person using the Services.

BY ACCESSING OR USING THE SERVICES, CLICKING “I AGREE”, CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, OR USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE Website, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS, YOU MAY NOT USE THE Website OR ANY SERVICES PROVIDED ON OR THROUGH THE Website.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND TIA ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU KNOWINGLY WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME OF THE EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

1. Your Compliance with the Terms and Updates to the Terms

The Services are not intended for individuals under the age of eighteen (18) and individuals under the age of eighteen (18) are prohibited from using all or any part of the Services or entering into these Terms, even if a parent or legal guardian would be willing to provide consent to use of the Services or the Terms. Please contact us at legal@asktia.com if you are a parent or legal guardian of an individual under the age of eighteen (18) who you believe has used the Services without your consent.

Your compliance with these Terms, as well as all applicable laws and regulations, is a condition to your use of the Services. If you do not agree to be bound by the Terms, you are not authorized to access, register for or otherwise use the Services, or any information provided through the Website or Services. Promptly exit the Website and discontinue your use of the Services. Please also consult our Privacy Policy (https://asktia.com/privacy-policy) for a description of our privacy practices and policies, including how we collect and handle your personal, health, and financial information. The Privacy Policy is hereby incorporated into these Terms by reference and constitutes a part of these Terms. If you disagree with these Terms, your sole and exclusive remedy is to discontinue your use of the Site and Services. Your continued use of the Site or Services after a change has been posted constitutes your acceptance of the changes so you should check the Terms from time to time to determine if changes have been made.

2. Your Relationship With Us

Tia operates technology services, the website asktia.com, and the content associated therewith, which facilitate the delivery of healthcare services through telehealth technology. s 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. 

3. Not Insurance

Tia is not an insurer. The Services are not insurance products or services, and the amounts you pay to Tia are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.

4. Not Healthcare Advice.

The Content (as defined in Section 12 below) of the Tia website is not Healthcare Advice, and the Tia website Should not be Used as a healthcare Provider. The Content of the website is for informational purposes only. The website is designed to help support the health related choices that you make. These choices are yours and may require the advice of a health care provider. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment or recommendation regarding medication. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

If you think you may have a medical emergency, call your doctor or 911 immediately. The website does not endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. The website may provide answers to related health questions based on the information you input. The responses the website suggests are meant to be considered by you and your physician when you ultimately determine how to best address your own  healthcare needs. Reliance on any information provided by the website is solely at your own risk

5. Ownership of the Website and Related Materials

All Content within the Website and any material made available for download are the property of Tia, or its licensors or suppliers, as applicable. The Website is protected by United States and international copyright and trademark laws.

6. Electronic Communications

When you use Tia Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

You agree to receive invitations, notifications, reminders and other communications from Tia (and any of its affiliates or agents) through the Website, or by email, text message (including any short message service), fax, phone or other method of communication. You agree and authorize Tia to make such communications through use of an automatic telephone dialing system and/or an artificial or prerecorded voice message system (“Automated Messages”) at any of the contact information provided to Tia. You agree to immediately notify Tia if there are any changes to your mobile phone number or other contact information.

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. These communications may not be secure (not encrypted). Unsecured communications pose a risk to the confidentiality and privacy of the information being sent because they might be intercepted by a third party. You can opt out of receiving Automated Messages at any time, including by contacting Tia at legal@asktia.com or replying “STOP” to an automated text message.

7. Third-Party Goods and Services

Parties other than Tia, including Pharmacies and Labs provide services or sell products through the Services (collectively, “Third-Parties”), and Tia may also make available to you for purchase certain services distributed or sold by Third-Parties (“Third-Party Goods and Services”). Your interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Services and disclosing personal information to any Third-Party.

You agree that Tia will not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Services, including any Third-Party Goods and Services or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, or any other entity or individual, you understand and agree that Tia is under no obligation to become involved in such dispute, and you hereby release and indemnify Tia, and their respective corporate parents, subsidiaries, and affiliates, and all of their respective past, current and future contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Tia Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Services or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

8. Termination

These Terms and Conditions shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

9. Eligibility; Availability

Please note that certain of our Services are not available to individuals in certain states. Additionally, the Services are limited to users located in the United States. Access to the Services from countries or territories or by individuals outside the United States or states where the Services are not available is prohibited. Certain products available through the Services are subject to additional age restrictions and not all products or Services on our Website are available to all ages.

10. Website Access, Security and Restrictions; Passwords

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following prohibited activities. As a user of the Service, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Site.
4. Use the Site to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Service and/or the content contained therein.
6. Engage in unauthorized framing of or linking to the Site.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Service in order to harass, abuse, or harm another person.
14. Use the Service as part of any effort to compete with us or otherwise use the Site a, or its content for any revenue-generating endeavor or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
16. Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.
18. Delete the copyright or other proprietary rights notice from any content.
19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site, or Service.
24. Use the Site in a manner inconsistent with any applicable laws or regulations.

Violations of system or network security may result in civil or criminal liability. Tia will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website. Your access to the Website and Services may be revoked by Tia at any time with or without cause.

11. 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.

12. License and Access

The contents of the Website, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Website (collectively “Content”) may not be copied, distributed, modified, reproduced, published, sold, resold, visited or used, or otherwise exploited, in whole or in part, except for purposes authorized or approved in writing by Tia. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including: images, text, page layout, or form) of Tia without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Tia’s name or trademarks without the express written consent of Tia.

You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Tia’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Tia and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.

You may use the Services only as permitted by law. The licenses granted by Tia terminate if you do not comply with these Terms.

13. Accuracy and Integrity of Information

Although Tia attempts to ensure the integrity and accuracy of the Website, we make no representations, warranties or guarantees whatsoever as to the integrity or accuracy of the Website and its Content. It is possible that the Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Tia so that we can make the correction. Information contained on the Website may be changed or updated without notice. Additionally, Tia will have no responsibility or liability for information or Content posted to the Website by any third party.

14. Links to Other Sites

Tia makes no representations whatsoever about any other website that you may access through the Website. When you access a non-Tia site, please understand that it is independent from Tia, and that Tia has no control over the content on that website. In addition, a link to a non-Tia website does not mean that Tia endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to the Website, you do this entirely at your own risk.

15. User Information

If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Website (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Tia customers through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Tia that you have the legal right and authorization to provide all User Information to Tia for use as set forth herein and required by Tia.

16. License to User Information Submitted via the Services

Subject to any limitations on Protected Information described herein, any User Information you transmit to Tia via the Services, will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary. Subject to any applicable account settings that you select, you grant Tia a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, User Information (in whole or in part) for the purposes of operating and providing the Services to you and to our other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in User Information has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Tia, are responsible for all of the User Information that you provide to the Services. In addition to the foregoing, Tia will have the right, in its sole discretion, to edit, duplicate, or alter the User Information in any manner for any purpose that Tia deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the User Information. You further agree that you will have no right of approval and no claim to compensation in connection with the User Information.

If User Information you make contains Protected Information, Tia’s rights under this section with respect to the use or disclosure of such Protected Information will be limited as and to the extent required under applicable law.

17. Claims of Copyright Infringement

Tia respects the intellectual property rights of others and expects its users to do the same. We disclaim any responsibility or liability for copyrighted materials posted on our Websites. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Tia’s designated copyright agent, identified below. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Websites by sending us a notice (“Notice”) complying with the following requirements.

Identify the copyrighted works that you claim have been infringed.

Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be Tia.

Provide your mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Tia’s designated copyright agent: if by mail to:, 548 Market St., Ste. 45295, San Francisco, CA 94104 Attn: Legal, OR if by email to: legal@asktia.com.

18. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, APP, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

19. Limitation of Liability Regarding Use of the Services

IN NO EVENT WILL WE OR OUR AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000.00. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

20. Binding Arbitration / Class Waiver

YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND TIA OR YOU AND ANY OF THE TIA-AFFILIATED PARTIES OR ANY TIA PC OR PROVIDERS ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO TIA, THE SITE, THE Website THE CONTENT OR THE SERVICES, OR ANY OTHER TIA GOODS, SERVICES OR ADVERTISING, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS OF USE (COLLECTIVELY “DISPUTES”), WILL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

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.

Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Tia will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Tia also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party to the arbitration agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.

The arbitration will be conducted in San Francisco, California, except that, in the event San Francisco, California, is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence, unless the parties agree otherwise in writing. The arbitrator’s award will be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.

Notwithstanding anything to the contrary herein, to the extent Disputes arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and Tia agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in San Francisco, California, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.

ALL DISPUTES SUBJECT TO ARBITRATION UNDER THESE TERMS OF USE MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THESE TERMS AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION WILL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. 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). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) will be severed from the arbitration and may be brought exclusively in the state or federal courts located in San Francisco, California, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief will be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and will be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco, California for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.

21. Opt-Out Procedure

You can opt out of the provisions of these Terms that require the arbitration of Disputes within 30 days of the date that you first agree to any version of these Terms that require arbitration of Disputes with Tia. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate Disputes with Tia to: Tia, 548 Market St., Ste. 45295, San Francisco, CA 94104 Attn: Legal.

Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief you seek. Any Notice of Dispute you send to us should be mailed to Tia, 548 Market St., Ste. 45295, San Francisco, CA 94104 Attn: Legal. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in these Terms, if we make any future material modification to any provisions of these Terms that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of these Terms that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at Tia, 548 Market St., Ste. 45295, San Francisco, CA 94104 Attn: Legal, within 30 days of the effective date of such modifications.

22. Limited Time to Bring Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23. Successors and Assigns

Tia may freely assign and delegate its rights and obligations under these Terms without notice to you, including but not limited to the right to use the data it collects and maintains, subject to the Privacy Policy. You will not assign or delegate any of your rights or obligations under these Terms. These Terms are binding upon the parties hereto and their respective successors and permitted assigns.

24. Governing Law; Venue

These Terms and your use of the Services are governed by the laws of the state of Delaware without regard to conflict of law principles. You and Tia submit to the personal jurisdiction of the state courts and federal courts located within San Francisco, California for resolution of any lawsuit or court proceeding permitted under these Terms.

25. 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.

26. Indemnity

You agree to defend, indemnify and hold Tia and its affiliates and their respective officers, directors, managers, partners, employees, agents, licensors, and suppliers harmless from and against all third-party claims, demands, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) against or incurred by Tia arising out of your: (1) breach of these Terms; (2) violation by you of any and all applicable laws, regulations or rules; or (3) your use of material or features available through the Websites in an unauthorized manner. Notwithstanding the foregoing or anything to the contrary herein, Tia will only exercise its rights in this section after addressing applicable claims with your employer or health plan should you be accessing the Services through your employer or health plan.

27. Restriction on Export

The Website may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You will not, directly or indirectly, export, re-export, or release the Website, or make the Website accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You will comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Website available outside the U.S.

28. Commercial Items

The Website is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the U.S. Government or any contractor therefore, you receive only those rights with respect to the Website as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other U.S. Government licensees and their contractors.

29. Right to Modify Revisions; General

Tia reserves the right to modify these Terms at any time, effective upon posting. Any use of the Services after such changes will be deemed an acceptance of those changes. You agree to review the Terms each time you access the Services so that you may be aware of any changes to these Terms.

In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. These Terms, Privacy Policy, and any specific plan terms we communicate to you at the time of checkout constitute the entire agreement between Tia and you pertaining to the subject matter hereof. In its sole discretion, Tia may from time-to-time revise these Terms by updating this posting. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages on the Site or elsewhere on the Website.

Tia reserves the right, in its sole discretion, to terminate your access to all or part of the Website, with or without cause, and with or without notice.

30. 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 548 Market St., Ste. 45295, San Francisco, CA 94104 or legal@asktia.com.