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Prana Terms of Service


Last Updated: July 12, 2022

Prana Care Inc. and its affiliates and related companies, including, but not limited to, Prana Pharmacy Chicago LLC (collectively, “Prana,” “we,” “us,” or “our”) operate and maintain the website, www.prana-care.com, the mobile and touch versions, and any sites and applications that reference these Terms of Service (collectively, the “Site”). Prana provides its prescription management, fulfillment, and delivery services, and related products, offerings, services, information, content, and features, through the Site (collectively, the “Services”) to you, subject to these Terms of Service (these “Terms”). These Terms establish the terms, conditions, rights, and responsibilities applicable to your access to and use of the Site and Services.

PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION SET FORTH IN SECTION 15 BELOW (“ARBITRATION AND DISPUTE RESOLUTION AGREEMENT”), AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY VIRTUE OF YOUR USE OF THE SITE AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE ARBITRATION AND DISPUTE RESOLUTION AGREEMENT, AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, BY SUBMITTING ANY INFORMATION TO THE SITE OR REGISTERING AN ACCOUNT ON THE SITE), YOU ARE AGREEING TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SITE OR SERVICES.

  1. CHANGES TO THE SITE AND THESE TERMS
    1. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site and/or Services. We reserve the right at any time to modify or discontinue the Site or Services (or any part thereof) without notice. To the maximum extent permitted under applicable law, we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services.
    2. In addition, we may change these Terms at any time, and all such changes will be effective immediately upon notice, which we may give by any means, including, but not limited to, by sending a message to the email address that we have on file for you (if any), posting a revised version of these Terms or other notice on the Site, or any other reasonable means. You should view these Terms often to stay informed of changes that may affect you. Your use of the Site and Services after the effective date of any change constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time.
  2. PRIVACY POLICY

    Information that you provide to us or that we collect about you through your access to and use of the Site and Services is subject to our Privacy Policy the terms of which are hereby incorporated by reference into these Terms. We encourage you to read and become familiar with our Privacy Policy.

  3. AGE REQUIREMENTS

    No one under the age of 18 may access or use the Site or Services unless supervised by a parent or legal guardian who is bound by these Terms. By accessing or using, or attempting to access or use, the Site or Services, you represent that you are at least 18 years of age and that you are able to enter into legally binding contracts, including, without limitation, these Terms (or, if you are under 18 years of age, that your parent or legal guardian has reviewed and agrees to be bound by these Terms on your behalf).

  4. CONTENT AND INTELLECTUAL PROPERTY
    1. The content and other materials displayed or made available on or through the Site and Services, including, without limitation, text, information, data, content, articles, photos, images, graphics, and illustrations (collectively, “Content”), are protected by copyright and/or other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Site and Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content, or (ii) in a way that violates our or anyone else’s rights.
    2. You understand and agree that we and/or our respective licensors own all right, title, and interest in and to the Site, Services, and Content. You acknowledge and agree that the Content may constitute valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Site, Services, or Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Prana and/or our respective licensors and Content-providers.
    3. By submitting suggestions or other feedback regarding the Site or Services, you agree that we and our licensors may use and share (with no obligation to do so) such feedback for any purpose without compensation to you. You agree to only provide content or information that does not violate the law nor anyone’s rights (including, without limitation, intellectual property rights).
  5. USER CONDUCT

    You may access and use the Site only in connection with your use of the Services and Content as permitted herein and only for your personal, non-commercial use. Any other access to or use of the Site constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws.

    In accessing and using the Site, Services, and Content, you agree that you will comply with all applicable federal, state, and local laws, including, without limitation, copyright and other intellectual property laws, data privacy laws, cyber harassment laws, anti-spam laws, and other regulatory requirements.

    In addition, in accessing and using the Site, Services, and Content, you agree that you will NOT:

    • Circumvent, disable, or otherwise interfere with any security-related features of the Site or Services, including, without limitation, any features that enforce limitations on the use of the Site, Services, or Content;
    • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Site, Services, or Content;
    • Copy, modify, adapt, translate, or create derivative works based on the Site, Services, or Content;
    • Reproduce, redistribute, duplicate, sell, resell, lease, sublicense, time-share, or exploit for any commercial purpose any portion of the Site, Services, or Content, except as permitted hereunder or otherwise expressly authorized by us in writing;
    • Remove, alter, cover, or distort any copyright notice or trademark legend, author attribution, or other notice placed on or contained within the Site, Services, or Content;
    • Access, use, or copy any portion of the Site, Services, or Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms;
    • Use the Site or Services to store or transmit viruses, worms, time bombs, Trojan horses, or other malicious code, or any unsolicited messages, “spam” or any other content or material in violation of applicable law;
    • Attempt to interfere with the proper working of the Site or Services or otherwise impair, overburden, or disable the same; or
    • Otherwise engage in any conduct that restricts or inhibits any other user or third party from using or enjoying the Site, Services, or Content.
  6. USER ACCOUNTS
    1. In order to access and use certain parts of the Site and Services, you may be required to register and maintain an active account on the Site (“Account”). To set up an Account, you may be asked to provide certain information about yourself, such as your first and last name, email address, phone number, delivery address, date of birth, gender, medical insurance information, and payment card and billing information. You may also need to create a username and password for your Account and acknowledge and agree to these Terms and the terms of our Privacy Policy. You must provide complete and accurate information when setting up an Account.
    2. You are responsible for maintaining the confidentiality of your password and Account. You agree to: (i) use a strong password and keep your password confidential and not share it with anyone else; (ii) not transfer any part of your Account to anyone else; and (iii) immediately notify us of any unauthorized use of your username, password, or Account.
    3. You agree at all times to keep current and promptly update your Account information, including, but not limited to, your email address, phone number, delivery address, and medical insurance and billing information, so that we can complete any transactions you make through your Account and contact you as necessary. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services and/or suspension or termination of your Account.
    4. You acknowledge and agree that we are authorized to act on instructions received through use of your username, password, and/or Account, and that we may, but are not obligated to, deny access or block any transaction made through use of your username, password, and/or Account without prior notice if we believe your username, password, and/or Account are being used by someone other than you, or for any other reason. You are solely responsible for all activity that occurs under your Account unless you close it or report misuse.
  7. ORDERING TERMS
    1. The Site enables you to manage and place orders to fill your prescriptions (each, an “Order”). To place an Order, you must register an Account and provide us with all information required to fill your prescription as prompted through the Site.
    2. By placing an Order through the Site, you make a binding offer for a contract of sale with Prana. Your Order is not complete until we send you a message (via the Site, email, text message, or other means) confirming your Order. We reserve the right, without prior notice, to reject your offer, to refuse to accept an Order from you or any user, and/or to limit the purchase quantity on any Order. We do not guarantee the continued availability of any prescription medicines or medications, and we reserve the right to offer and/or make reasonable substitutions of any out-of-stock prescription medicines or medications. We may require additional verification of information prior to the confirmation or acceptance of any Order. Any promotions or other special offers posted on the Site or otherwise communicated to you are good only for the date(s) indicated and may be subject to additional terms and restrictions.
    3. You agree to pay the full amount of the prices or fees charged to you (after deducting any amounts covered by your applicable medical insurance, if any) under each Order. You may choose to pay for your Order by credit card or any other payment method that may be supported by the Site from time to time. By placing an Order on the Site, you expressly authorize Prana, or a third-party payment processor on our behalf, to charge the method of payment that you have provided and to collect the full amount specified for the prescription medicines and/or medications you purchase, including any applicable taxes, fees, and delivery or related charges. We may calculate taxes payable by you (if any) based on the billing information that you have provided at the time of purchase. All purchases are non-refundable and non-cancellable except in certain situations (for example, if we make a mistake in filling your prescription) or as otherwise expressly indicated or authorized by us.
    4. The processing of your payments will be subject to the terms, conditions, and privacy policies of our third-party payment processor. You agree that we will not be responsible for any failures of the third-party payment processor to adequately protect your payment information. You acknowledge that we may change the third-party payment processor at any time, with or without notice to you, and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security.
    5. If applicable, pick-up, delivery, and tracking options of your purchased prescription medicines and medications will be indicated at checkout. Unless expressly indicated otherwise, you are responsible for delivery charges, which will be displayed at checkout and may depend on variables such as Order value and delivery destinations and other options. When prescription medicines and medications are picked up from one of our locations or delivered to the delivery address provided at checkout, risk of loss and legal title to those prescription medicines and medications will transfer to the recipient. We will not be responsible for loss of or damage to any prescription medicines and medications once tendered to you at our pick-up location or, for delivery Orders, once deposited at the doorstep of the delivery address provided.
    6. While we strive to ensure that all prescription medicine and medication descriptions, information, inventory, and pricing on the Site are complete, accurate, and current, they may occasionally be inaccurate, incomplete, or outdated. All prescription medicine and medication descriptions, information, inventory, and pricing are subject to change at any time without notice. We make no representation or warranty as to the accuracy, completeness, or currency of any descriptions, information, inventory, or pricing on the Site. For example, prescription medicine and medication listed or included on the Site may be unavailable or may actually carry a different price than that stated on the Site. The inclusion of any prescription medicine and medication on the Site at a particular time does not imply or warrant that these prescription medicines and medications will be available at any time or at any particular location.
  8. TEXT MESSAGING
    1. You agree that we have your explicit consent to provide notices and messages to you for Account management, Order fulfillment, customer support, and promotional purposes in the following ways: (a) within the Site or Service (including via push notifications to your mobile device), or (b) sent to your email address, mobile phone number (via SMS, MMS, or other text message), or other contact information you provided to us.
    2. Message and data rates may apply. Messages are sent from an automated system, and message frequency depends on your use of the Services. If you have any questions about your text plan or data plan, please contact your wireless provider. For all other questions about the SMS services, you can send an email to help@prana-care.com.
  9. TERMINATION OF ACCESS
    1. We may, in our sole discretion, without liability, and without notice to you, immediately suspend, limit, and/or terminate your access to the Site, the Services, and/or your Account for any reason, including, without limitation: (i) if we believe in our sole discretion that you have violated these Terms or any applicable laws or regulations; (ii) at the request of law enforcement, government agencies, or courts; (iii) if you ask us to close your Account; (iv) if we discontinue or materially modify the Site or the Services (or any part thereof); or (v) if we believe in our sole discretion that your access to or use of the Site, the Services, or your Account may create risk (including, but not limited to, legal risk) for us, our respective affiliates or contractual partners, or other users. Upon any termination, you will lose the right to access and use the Site and Services and your Account will be closed.
    2. Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your access to or use of the Site, Services, and/or your Account, shall survive including, but not limited to, the “Content and Intellectual Property,” “Ordering Terms,” “Indemnification,” “Disclaimers,” “Limitation of Liability,” “Arbitration and Dispute Resolution Agreement,” and “Miscellaneous” sections of these Terms.
  10. THIRD-PARTY CONTENT

    The Site and Services may be made available or accessed in connection with third-party content and services that we do not control. We will not be responsible or liable for your use of any such third-party content or services or for the conduct of, or interactions you may have with, any third-party provider of the same. You acknowledge that different terms of use and privacy policies may apply to your use of third-party content and services.

  11. SECURITY, DEVICES, AND NETWORK ACCESS
    1. Prana takes such commercially reasonable measures as we deem appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including, without limitation, any username and password used in connection with your use of the Site. You agree to notify us immediately if you discover loss of or access to such information by another party not under your control or supervision.
    2. You are responsible for obtaining the data network access necessary to access and use the Site and Services. Your mobile network's data and messaging rates and fees may apply when using the Site and Services from a mobile and/or wireless-enabled device. You are responsible for acquiring and updating compatible hardware, software, or devices necessary to access and use the Site and Services and any updates thereto. We do not guarantee that the Site or Services, or any portion thereof, will function on or with any particular hardware, software, or device. The Site and Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
  12. INDEMNIFICATION AND RELEASE

    You agree to indemnify and hold harmless Prana, its affiliates, and its and their respective officers, directors, owners, members, employees, contractors, agents, successors, and assigns (collectively, the “Prana Parties”) from and against any and all claims, suits, actions, demands, losses, liabilities, damages, penalties, costs, and expenses (including attorneys' fees and costs) (collectively, “Claims”) arising out of or relating to: (i) your use of the Site, Services, or Content; (ii) your breach or violation of any of these Terms; (iii) your use or non-use of any prescription medicines or medications purchased through the Site; (iv) your acts or omissions when visiting any of our store or pick-up locations; or (v) your violation of any applicable law or regulation.

  13. DISCLAIMERS
    1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SITE, SERVICES, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE PRANA PARTIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTIES THAT THE SITE, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR SATISFACTION; (B) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SITE, SERVICES, OR CONTENT; (C) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (D) WARRANTIES THAT YOUR USE OF THE SITE, SERVICES, OR CONTENT WILL BE SECURE OR UNINTERRUPTED; AND (E) WARRANTIES THAT THE SITE, SERVICES, OR CONTENT WILL BE ERROR-FREE OR FREE OF VIRUSES, OR THAT ANY ERRORS IN THE SITE, SERVICES, OR CONTENT WILL BE CORRECTED.
    2. THE TEXT, GRAPHICS, IMAGES, SOFTWARE APPLICATIONS, INFORMATION, MATERIAL, AND OTHER CONTENT CONTAINED ON THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO REPLACE OR BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IT IS YOUR SOLE RESPONSIBILITY TO CHECK PRODUCT INFORMATION, INCLUDING DRUG PACKET INSERTS, REGARDING DOSAGE, PRECAUTIONS, WARNINGS, INTERACTIONS, AND CONTRAINDICATIONS BEFORE ADMINISTERING OR USING ANY DRUG OR SUPPLEMENT DISCUSSED ON OR PURCHASED OR MADE AVAILABLE THROUGH SITE AND SERVICES. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PHARMACIST, OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, BEFORE STARTING ANY NEW MEDICATION OR TREATMENT OR THE PROPER USE OF PHARMACEUTICAL PRODUCTS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE OR SERVICES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.
    3. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR SERVICES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DISCONTINUATION OF USE OF THE SITE AND SERVICES IS YOUR SOLE RIGHT AND REMEDY FOR ANY DISSATISFACTION WITH THE SITE, SERVICES, OR ANY OF THE CONTENT.
    4. PRANA CONTRACTS WITH VARIOUS PHARMACEUTICAL COMPANIES TO PROVIDE COUPONS, DISCOUNTS, AND OTHER CONTENT TO USERS OF THE SITE. REFERENCES TO, OR DESCRIPTIONS OR IMAGES OF, PRODUCTS OR SERVICES (OR RELATED COUPONS AND DISCOUNTS) ON THE SITE ARE NOT ENDORSEMENTS OF SUCH PRODUCTS OR SERVICES AND SUCH PRODUCTS OR SERVICES MAY BE AVAILABLE BY THIRD PARTIES. PRANA DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PHARMACISTS, PRODUCTS, SERVICES, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE. MOREOVER, “PRANA CARE,” “PRANA PHARMACY,” “PRANA PHARMACY CHICAGO,” AND ALL RELATED NAMES, LOGOS, PRODUCT AND SERVICE NAMES, DESIGNS, AND SLOGANS ARE TRADEMARKS OR SERVICE MARKS OF PRANA. ALL OTHER NAMES, LOGOS, PRODUCT AND SERVICE NAMES, DESIGNS, AND SLOGANS ON THE SITE ARE THE TRADEMARKS OR SERVICE MARKS OF THEIR RESPECTIVE OWNERS.
  14. LIMITATION OF LIABILITY
    1. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OR STRICT LIABILITY OF ANY PARTY, WILL THE PRANA PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY (INCLUDING SICKNESS OR DEATH), LOSS OF PROFITS, LOSS OF USE, DATA LOSS, INCONVENIENCE, OR OTHER INTANGIBLE LOSSES, EVEN IF THE PRANA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR YOUR INABILITY TO USE, THE SITE, SERVICES, CONTENT, OR ANY PRESCRIPTION MEDICINES OR MEDICATIONS PURCHASED THROUGH THE SITE OR SERVICES, UNDER ANY THEORY OF LIABILITY. YOUR SOLE REMEDY, AND OUR AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE, SERVICES, CONTENT, OR ANY PRESCRIPTION MEDICINES OR MEDICATIONS PURCHASED THROUGH THE SITE OR SERVICES SHALL IN ALL EVENTS BE LIMITED TO THE GREATER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO PRANA DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE LIABILITY FIRST AROSE, OR (B) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY THE LAW.
    2. We may use third parties to supply, provide, and delivery prescription medicines and medications offered through the Site, as well as certain other features and services accessible through the Site and Services. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR THEIR ACTS OR OMISSIONS.
  15. ARBITRATION AND DISPUTE RESOLUTION AGREEMENT

    PLEASE READ THIS SECTION 15 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHT TO FILE A LAWSUIT IN COURT.

    1. You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Site or Services (collectively, "Disputes") will be resolved exclusively by final, binding arbitration between you and Prana, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or where a party’s conduct may cause the other irreparable injury. The provisions of this Section 15 constitute the parties’ written agreement to arbitrate Disputes under the Federal Arbitration Act.
    2. The arbitration shall be administered by the Judicial Arbitration & Mediation Services (“JAMS”) and shall be heard by a single arbitrator, pursuant to the Arbitration Rules and Procedures then in effect (the “JAMS Rules”), except as modified by this Section 15.
    3. To begin an arbitration proceeding, a party must submit the Dispute by making a demand for arbitration, as detailed at https://www.jamsadr.com/, and simultaneously send a copy of the completed demand to the other party. Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. The arbitration will be conducted based upon written submissions, unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines that an in-person hearing is necessary, the hearing will proceed in Cook County, Illinois, unless the arbitrator determines or Prana agrees that the matter should proceed in the county where you reside.
    4. The arbitrator will apply and be bound by these Terms, apply applicable law and the facts, and issue a reasoned award within the time frame specified in the JAMS Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. You and Prana also agree that the arbitrator may not award multiple or punitive damages. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.
    5. EACH PARTY AGREES THAT IT SHALL BRING ANY DISPUTE AGAINST THE OTHER PARTY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR AS AN ASSOCIATION. IN ADDITION, EACH PARTY AGREES THAT DISPUTES SHALL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE PROVISIONS.
  16. MISCELLANEOUS
    1. These Terms and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site, Services, and Content.
    2. Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
    3. These Terms shall be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of Illinois. If for any reason a Dispute proceeds in court, you and Prana: (i) agree that any such Dispute may only be instituted in a state or federal court located in Cook County, Illinois and waive any defenses or objections based on the jurisdiction, venue, or convenience of this exclusive venue; (ii) irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY.
    4. We may assign our rights and obligations under these Terms, in whole or in part, at any time to any third party without notice. You may not assign these Terms or any rights or obligations hereunder without our prior written consent.
    5. Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
    6. Possible evidence of use of the Site or Services for illegal purposes will be provided to law enforcement authorities.
    7. Discontinuation of use of the Site and Services is your sole right and remedy for any dissatisfaction with the Site, Services, or any of the Content.
  17. END USER TERMS REQUIRED BY APPLE

    With respect to access to or use of any of our mobile applications made available through the Apple App Store (an “App”), you acknowledge and agree that: (a) these Terms are concluded between you and Prana, and not Apple, Inc. (“Apple”); (b) Prana and its licensors, and not Apple, are solely responsible for the App, the Services, and the Content therein; (c) Apple has no responsibility whatsoever to furnish any maintenance or support services with respect to the App; (d) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the App, if applicable; (e) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App; (f) Apple is not responsible for any claims, losses, liabilities, damages, costs, or expenses (“Claims”) that you may have arising out of your use of the App, and you agree to contact Prana regarding any such Claims; (g) Apple will have no responsibility whatsoever for the investigation, defense, settlement, or discharge of any third-party claim that the App infringes such third party’s intellectual property rights; and (h) Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) as a third-party beneficiary to enforce these Terms against you. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  18. QUESTIONS

    Please contact us with any questions regarding the Site, Services, or these Terms at help@prana-care.com or mail at:
    712 E Higgins Road,
    Schaumburg, IL 60173