TRACK ORDER

Terms and Conditions

Last Modified: May 1, 2025

These Website Terms of Use, together with any documents that they expressly incorporate by reference (these “Terms”) are agreed by and between Summit Medical Transport, Inc., a Delaware corporation, having an address at 131 Continental Drive, Suite 305, Newark, Delaware 19713 (“Summit,” “we,” “us,” and “our”) and you, or the entity on whose behalf you are agreeing to these Terms.  

These Terms govern your access to and use of the Summit website located at https://www.summitmedicaltransport.org and all other websites and mobile sites where these Terms appear or are linked (collectively, the “Website”), unless you enter into a separate agreement for the access to and use of any portion of the Website, in which case, any such separate agreement is in addition to these Terms, and in the event of a conflict between these Terms and such separate agreement, such separate agreement controls. You and other individuals or entities using the Website are collectively referred to as “Users.” Any person or entity who interacts with the Website, whether through automated means, third-party means, or otherwise, is considered a User.

Unless you have entered into a separate written agreement with us regarding the Website, these Terms are the complete and exclusive agreement between you and us regarding your access to and use of the Website and supersede any oral or written proposal, quote, or other communication between you and us regarding your access to and use of the Website. 

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR OTHERWISE USING THE WEBSITE, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THESE TERMS, WE ARE NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE WEBSITE, AND YOU MUST NOT ACCESS OR USE THE WEBSITE. 

SECTION 21 OF THESE TERMS CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN THAT SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT. IN ADDITION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 21 FOR MORE INFORMATION REGARDING THE ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THE ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

  1. Definitions.  Words and phrases used in these Terms have their definitions given in these Terms or, if not defined herein, have their plain English meaning as commonly interpreted in the United States. 
  2. Term.  These Terms are entered into as of the date you first access or use the Website (the “Effective Date”) and will continue until terminated as set forth herein. 
  3. Modifications.  
    1. It is our policy to post any changes we make to these Terms on the page on which you view them. If we make material changes to your rights or obligations hereunder, we will additionally notify you through a notice on the Website home page. The date that these Terms were last revised is identified at the top of the page on which you view them. You are responsible for periodically visiting our Website and these Terms to check for any changes. You must cease using the Website or terminate these Terms at any time if you do not agree to any change to these Terms. However, you will be deemed to have agreed to any and all changes to these Terms through your continued use of the Website following our implementation of such changes. 
    2. Any modifications to the Website, including all updates, upgrades, new versions, and new releases, will be treated as part of the “Website” for the purposes of these Terms.
  4. Eligibility.  You represent and warrant that you are an individual that is at least 18 years of age or older. You will not use the Website, including the SMS Services, if you are less than 18 years of age.
  5. Access.  Subject to your agreement and compliance with these Terms, we will permit you to access and use the Website solely for lawful purposes and only in accordance with these Terms and any other separate written agreement you agree to before being given access to any specific portion of the Website. Any such separate agreement is in addition to these Terms, and in the event of a conflict between these Terms and such separate agreement, such separate agreement controls.
  6. Unlawful or Prohibited Uses of the Website.  The Website may only be used for lawful purposes in accordance with these Terms. As a condition of your use of the Website, you represent and warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself, any User, or any other third party, you will not:
    1. Make any commercial use of the Website other than in furtherance of any transactions that we permit you to make through the Website;
    2. Download, copy, or transmit any content from the Website for the benefit of any third party;
    3. Misrepresent your identity, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that we endorse you in any manner;
    4. Conduct fraudulent activities through the Website;
    5. Use the Website to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of any third party, including any third party’s privacy rights or rights of publicity; and
    6. Harvest or collect personally identifiable data about Users.
  7. Accounts.  Before using certain portions of the Website, you may be required to establish an account (an “Account”). Approval of your request to establish an Account will be at our sole discretion. Each Account and the User identification and password for each Account (the “Account ID”) is personal in nature. You may not distribute or transfer your Account or Account ID or provide a third party with the right to access your Account or Account ID. You are solely responsible for all use of the Website through your Account. You will ensure the security and confidentiality of your Account ID and will notify us immediately if any Account ID is lost, stolen, or otherwise compromised. Any activities completed through your Account or under your Account ID will be deemed to have been done by you. You will not: (1) select or use an Account ID of another User with the intent to impersonate that User; or (2) use an Account ID that we, in our sole discretion, deem offensive. In addition to all other rights available to us, including those set forth in these Terms, we reserve the right to terminate your Account or refuse service to you in the event that you breach the preceding sentence or any other provision of these Terms.
  8. Our Content.  
    1. Ownership and Responsibility.  All content included with the Website that we provide such as text, graphics, logos, images, audio clips, video, data, music, updates, and other materials (collectively “Our Content”) is the owned or licensed intellectual property of Summit or its suppliers or licensors and is protected by United States and international copyright, trademark, patent, or other proprietary rights (collectively, “IPR”). The collection, arrangement, and assembly of all Our Content through the Website are the exclusive property of Summit and protected by United States and international copyright laws. Summit and its suppliers and licensors expressly reserve all IPR in all Our Content. You are solely responsible for verifying the accuracy, completeness, and applicability of all Our Content and for your use of any of Our Content. Except as set forth in these Terms, you are granted no licenses or rights in or to any of Our Content or any IPR therein or related thereto.
    2. Viewing Our Content.  Subject to your compliance with these Terms, you may view Our Content, solely as presented on the Website, in furtherance of any uses of the Website permitted in these Terms. You will not directly or indirectly use any of Our Content for any other purpose. You will not, and will not permit any third party to: (a) alter, modify, copy, reproduce, publish, or create derivative works of any of Our Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of Our Content; or (c) alter, obscure or remove any copyright, trademark, or any other notices that are provided on or in connection with any of Our Content.
  9. Your Content.  
    1. Substance and Responsibility.  We welcome your communications and content that you are invited to submit through or to the Website or any content or information that you post to any of our social media pages or channels (e.g., Facebook™, X™, and Instagram™), such as your name, social media handle, and text and images accompanying your post (collectively, “Your Content”), as long as Your Content complies with these Terms. You are solely responsible for all Your Content that you provide through the Website. You represent and warrant to us that neither Your Content nor the use of Your Content by us as permitted herein will: (a) violate these Terms or any applicable laws, rules, or regulations; (b) be libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (c) constitute an infringement or misappropriation of the IPR or other rights of any third party; (d) be illegal in any way or advocate illegal activity; (e) be an advertisement or solicitation of any kind; (f) be false, misleading, or inaccurate; or (g) be considered junk mail, spam, a part of a pyramid scheme, or a disruptive commercial message or disruptive advertisement. We are not responsible or liable for any deletion, correction, destruction, damage, loss, or failure to store or back-up any of Your Content. Except as required by applicable law, we are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any of Your Content. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor Your Content; (ii) alter, remove, or refuse to post or allow to be posted any of Your Content; and/or (iii) disclose any of Your Content, and the circumstances surrounding its transmission, to any third party as permitted by applicable law.  
    2. License to Your Content.  As between you and us, you retain ownership of Your Content. However, in addition to any other rights granted to us under these Terms, by providing Your Content to us, you grant us and our authorized representatives a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, and distribute Your Content and to incorporate Your Content into any form, medium, or technology, now known or hereafter developed, throughout the world, in each case in order to provide the Website and our social media pages and channels and fulfill any other of our obligations under these Terms. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Your Content that you may have under any applicable law or under any legal theory. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this Section, including but not limited to permission from or on behalf of any individuals who appear in Your Content for us to use their name, image, voice, and/or likeness without compensation to you or any other person or entity.
  10. Communications.  If you order services from us through the Website or otherwise give us permission to contact you, we or our agents may call, text, or email you at the telephone number and/or email address that you provide us. You further agree that we may, for training purposes or to evaluate the quality of our customer service, listen to and record phone conversations you have with us or our agents regarding customer service issues.
  11. SMS Services.
    1. Applicability.  By enrolling in, or otherwise requesting or agreeing to receive, text messages from or on behalf of Summit (the “SMS Services”), you agree to the terms and conditions in this Section 11.
    2. Opting In.  During your access to, or use of, the Website, we may invite you to participate in the SMS Services. You will only receive text messages from us, and otherwise be able to participate in the SMS Services, if we receive your consent thereto. If your consent to participate in the SMS Services is required as a condition to us providing you with certain services, we will notify you of the same. 
    3. Delivery.  We will provide the SMS Services to you at the mobile number that is associated with your Account. Text messages sent to you as part of the SMS Services will be sent using an automatic telephone dialing system that connects through your mobile phone carrier or using any other replacement or successor technology that we choose in our sole discretion. Please note that we may not be able to deliver text messages to certain subscribers of certain mobile carriers. The frequency of text messages sent to you through the SMS Services is variable.  
    4. Content.  The content of text messages that you receive through the SMS Services will be transactional, operational, and informational.
    5. Opting Out.  You may stop participating in the SMS Services at any time. To stop participating in the SMS Services, you must reply “STOP” to the 10-digit number from which you received our original message. After texting “STOP,” you may receive additional text messages confirming that your request has been received and processed, and you may continue to receive text messages for a short period while we process your request. 
    6. Assistance.  If you need further assistance with the SMS Services, text “HELP” to the 10-digit number from which you received our original message. 
    7. Eligibility.  You represent and warrant that you are the current subscriber or authorized user of the mobile number that you have provided to us for the purposes of the SMS Services.
    8. Modifications.  We may change any short code or telephone number we use to operate the SMS Services at any time and will notify you of these changes either in accordance with Section 24 below or at the mobile number that we have been using to send you text messages. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of text messages, including, without limitation, notifying us immediately at support@summitmedicaltransport.org if you change your mobile number. 
    9. Responsibility.  You agree that you will not initiate text messages from us to the mobile number of any third party without their permission. You agree to indemnify, defend, and hold us harmless from any Claims arising from you providing us with a mobile number that is not the one to which you subscribe or which you are authorized to use. You agree that we will not be liable for failed, delayed, or misdirected delivery of any content sent through the SMS Services, any errors in such content, or any action you may or may not take in reliance on the content sent through the SMS Services.
  12. Third-Party Content and Services.  
    1. Third-Party Content.  Content may also be provided through the Website by other Users. Other Users might post content that is inaccurate, misleading, or deceptive. We neither endorse nor are responsible for any opinion, advice, information, or statements made by third parties. If you rely on third-party content, you assume the risk that it might be inaccurate, misleading, or deceptive. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect our opinions.
    2. Third-Party Services.  We may provide you with the ability to access services developed, provided, or maintained by third-party service providers through the Website (“Third-Party Services”). Third-Party Services may integrate with, pull content from, or add content to the Website. In addition to these Terms, your access to and use of any Third-Party Services is also subject to any other agreement you may agree to before being given access to the Third-Party Services (each, a “Third-Party Service Agreement”). The terms of any Third-Party Service Agreement will apply to the applicable Third-Party Services provided under that Third-Party Service Agreement in addition to these Terms, as applicable.
  13. Links to Third-Party Websites.  The Website may contain links and interactive functionality interacting with the websites of third parties. We are not responsible for, and have no liability for, the functionality, actions, inactions, settings, privacy policies, terms, or content of any such third-party website. Before enabling any sharing functions of the Website to communicate with any such third-party website or otherwise visiting any such third-party website, we strongly recommend that you review and understand the terms and conditions, privacy policies, and settings of each such third-party website. The links and interactive functionality for third-party websites made available through the Website do not constitute an endorsement by us of such third-party websites. Other websites may link to the Website with or without our authorization, and we may block any links to or from the Website in our sole discretion. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK.
  14. Termination.  These Terms may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under these Terms. Upon termination of these Terms for any reason: (1) all rights granted to you under these Terms will terminate; (2) you will immediately cease all use of and access to the Website and any related services (unless otherwise prohibited by applicable law); and (3) we may, in our sole discretion, delete your Account at any time. Provisions which by their inherent meanings are to survive the termination of these Terms will so survive. 
  15. Suspension.  Without limiting our right to terminate these Terms, unless otherwise prohibited by applicable law, we may also suspend your access to your Account, the Website, and any related services, with or without notice to you, upon any actual, threatened, or suspected breach of these Terms or applicable law or upon any other conduct deemed by us to be inappropriate or detrimental to Summit, the Website, or any other User or third party. 
  16. Technology and Marks.  The Website, and the databases, software, hardware and other technology used by or on our behalf to operate the Website, and the structure, organization, and underlying data, information and, software code thereof (collectively, the “Technology”), may constitute valuable trade secrets of Summit. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in these Terms; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (3) use automated scripts to collect information from, or otherwise interact with, the Technology; (4) alter, modify, reproduce, or create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Technology or otherwise make the Technology available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) monitor the availability, performance, or functionality of the Technology; or (9) interfere with the operation or hosting of the Technology. We use reasonable means to protect the security of the Website, but you acknowledge that perfect security on the internet is impossible and that, as a result, Your Content may be exposed in the event of a breach. We retain all rights, title, and interest, including, without limitation, all IPR in and to the Technology and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the Technology, and you are not granted any right or license to use the Technology itself, apart from your ability to access and use the Website under these Terms. The Summit name, logo, and all product and service names associated with the Website are trademarks of Summit and its licensors and providers, and you are granted no right or license to use them.
  17. Your Representations and Warranties. You hereby represent and warrant to us that: (1) you have the legal right and authority to enter into these Terms; (2) these Terms form a binding legal obligation on your behalf; (3) you have the legal right and authority to perform your obligations under these Terms and to grant the rights and licenses described in these Terms; and (4) your access to, and use of, the Website and Your Content, will comply with all applicable laws, rules, regulations, and third-party rights and will not cause us to violate any applicable laws, rules, regulations, or third-party rights. 
  18. Disclaimers.  WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS, OR OTHERWISE MEET YOUR REQUIREMENTS. THE WEBSITE AND ALL CONTENT, TECHNOLOGY, AND OTHER INFORMATION AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED BY US ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MATERIALS, THE ACCURACY OR COMPLETENESS OF THE MATERIALS, OR THAT COMMUNICATIONS SENT FROM US ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MATERIALS IS AT YOUR SOLE RISK. WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE MATERIALS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. 
  19. Indemnity.  You hereby agree to indemnify, defend, and hold harmless us and our officers, directors, shareholders, affiliates, employees, agents, contractors, representatives, providers, suppliers, customers, successors-in-interest, and assigns (“Indemnified Parties”) from any and all claims, suits, demands, actions, losses, liabilities, damages, judgments, settlements, fines, penalties, fees, expenses, and costs (including attorneys’ fees and court costs) (collectively, “Claims”) arising in any manner from: (1) your access to, or use of, the Materials; (2) Your Content; and (3) your breach of any representation, warranty, covenant, or other provision of these Terms. We will provide you with notice of any Claim, and we will have the right to participate in the defense of any Claim and hire counsel of our choosing. The Indemnified Parties are third-party beneficiaries of these Terms and may enforce them.
  20. Limitation on Liability.  YOU AGREE THAT THE INDEMNIFIED PARTIES (AS DEFINED ABOVE) WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY OTHER MATERIALS (AS DEFINED ABOVE). THIS INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, EMOTIONAL, PERSONAL INJURY, PROPERTY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, STATUTE, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE).  THIS INCLUDES BUT IS NOT LIMITED TO DAMAGES OF ANY KIND ARISING IN CONNECTION WITH (1) YOUR USE OF, OR YOUR INABILITY, TO USE THE MATERIALS; (2) ANY INFORMATION OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE MATERIALS; (3) THE PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION, OR ANOTHER WEBSITE; (4) BUSINESS INTERRUPTION, LOSS OF YOUR CONTENT, LOSS OF REVENUES OR PROFITS, OR LOSS OF OPPORTUNITY; (5) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS; (6) BUGS, VIRUSES, OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE MATERIALS; (7) BREACHES, THEFT, OR UNAUTHORIZED DISCLOSURE OF ANY INFORMATION OR DATA TRANSMITTED TO, ON, OR THROUGH THE MATERIALS; OR (8) ANY OTHER LOSS, HARM, OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE MATERIALS. THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

    NOTWITHSTANDING THE FOREGOING TO THE CONTRARY, OUR TOTAL AGGREGATE LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY SUCCESSFUL CLAIM THAT YOU BRING AGAINST US, ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE MATERIALS, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100 USD).  

    YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS OR PERMIT YOU TO USE THE MATERIALS WITHOUT THESE LIMITATIONS ON OUR LIABILITY, AND YOU ACCEPT THESE LIMITATIONS ON OUR LIABILITY.  TO THE EXTENT A COURT OR ARBITRATOR FINDS ANY PORTION OF THIS SECTION UNENFORCEABLE, YOU AGREE THAT THE REMAINING PORTIONS OF THIS SECTION ARE STILL ENFORCEABLE, AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  
  21. Resolving Our Disputes; Agreement To Arbitrate.  You and Summit agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Materials; any validity, interpretation, breach, enforcement, or termination of these Terms; or otherwise relating to Summit in any way (collectively, “Covered Dispute Matters”) will be resolved in accordance with the provisions set forth in this Section 21.
    1. Informal Resolution.  If you have any dispute with us, you and we agree that before taking any formal action, you will contact us at support@summitmedicaltransport.org, provide a brief, written description of the dispute and your contact information (including your email address associated with your Account, if your dispute relates to your Account), and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue with you.
    2. Applicable Law.  You and we agree that these Terms and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies governs the interpretation and enforcement of the arbitration rules and arbitration proceedings.
    3. Arbitration. Any and all Covered Dispute Matters must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its rules then in effect (“Rules”). You and we agree the arbitration will be conducted by a single arbitrator and that the arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. You and we agree that the arbitrator, and not any federal, international, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of this Agreement is void or voidable or a particular claim is subject to arbitration. The arbitrator will apply the governing law set forth in these Terms to any such arbitration and shall have the power to award any remedy available at law or in equity; provided, however, that the arbitrator shall have no jurisdiction to amend these Terms or grant any relief not permitted herein or beyond the relief permitted herein. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitration shall take place in the City and County of Denver, Colorado, U.S.A.; however, desk, phone, or video conference proceedings may be utilized where appropriate and permitted to mitigate costs of travel. Payment of all filing, administration, arbitrator fees, and other costs of arbitration will be governed by the Rules, unless otherwise stated in this agreement to arbitrate. You and we agree that the arbitrator’s award shall be final and binding, and judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. 
    4. Injunctive and Declaratory Relief. Except as provided in Section 21.5 below, the arbitrator shall determine all issues of liability on the merits of any claim asserted by you or us and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we have sought public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction, and not in arbitration, after the party seeking public injunctive relief has first prevailed in arbitration. The parties agree that the litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
    5. Exceptions to Arbitration.  There are only two exceptions to this agreement to arbitrate:
      1. First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the IPR of the other party, the party whose IPR have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
      2. Second, each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.
    6. Future Amendments to the Agreement to Arbitrate.  Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Summit prior to the effective date of the amendment. However, the amendment shall apply to all other Covered Dispute Matters governed by the agreement to arbitrate that have arisen or may arise between you and Summit. If you do not agree to the amended terms, you may terminate this Agreement within thirty (30) days of the posting or notification and you will not be bound by the amended terms. 
    7. Judicial Forum for Legal Disputes.  Unless you and we agree otherwise and except for claims in small claims court, in the event that the agreement to arbitrate above is found not to apply to you or to a particular Covered Dispute Matter, either as a result of your decision to opt out of the agreement to arbitrate, or as a result of a decision by the arbitrator or a court order, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the City and County of Denver, Colorado, U.S.A. You and we agree to submit to the exclusive personal jurisdiction and venue of the courts located within the City and County of Denver, Colorado, U.S.A. for the purpose of litigating all such claims or disputes.
    8. YOU MAY OPT OUT OF ARBITRATION.  IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO SUPPORT@SUMMITMEDICALTRANSPORT.ORG (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF THIS AGREEMENT FOR THE FIRST TIME. In order to opt out, you must email your full name, address (including street address, city, state, zip code, and country), email address(es) associated with your Account(s) to which the opt-out applies (if you have an Account), and an unaltered digital image of your valid driver’s license or other national, state, or provincial identification card to support@summitmedicaltransport.org. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of this Section 21 and the remainder of these Terms continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
    9. YOU WAIVE CERTAIN RIGHTS.  BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (A) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (B) TO SERVE AS A CLASS REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, EVEN IF ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT, AND (C) TO A TRIAL BY JURY.
    10. STATUTE OF LIMITATIONS FOR YOUR CLAIMS.  REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE MATERIALS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
  22. Notices.  Unless otherwise specified in these Terms, any notices required or allowed under these Terms will be provided to us by postal mail to the address for Summit listed on the Website. We may provide you with any notices required or allowed under these Terms by sending you an email to any email address that you provide to us in connection with your Account, and if you do not have an Account, to any other email address that we have on file for you, provided that in the case of any notice applicable both to you and other Users, we may instead provide such notice by posting it on the Website. Notices provided to us will be deemed given when we actually receive them. Notices provided to you will be deemed given twenty-four (24) hours after posting to the Website or sending via e-mail, unless (as to e-mail) we are notified that the e-mail address is invalid. 
  23. Governing Law.  The interpretation of the rights and obligations of the parties under these Terms, including, to the extent applicable, any negotiations, arbitrations, or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Colorado, U.S.A. as such laws apply to contracts between Colorado, U.S.A. residents performed entirely within Colorado, U.S.A. without regard to the conflict of laws’ provisions thereof.  
  24. Additional Terms.  Except as expressly set forth in these Terms, these Terms may be amended or modified only by a writing signed by both parties. All waivers by us under these Terms are invalid unless they are in writing or later acknowledged by us in writing. Any waiver or failure by us to enforce any provision of these Terms on one occasion will not be deemed a waiver by us of any other provision or of such provision on any other occasion. If any provision of these Terms is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. Neither these Terms nor any of your rights or obligations hereunder may be assigned or transferred by you (in whole or in part and including by sale, merger, consolidation, or other operation of law) without our prior written approval. Any assignment in violation of the foregoing will be null and void. We may freely assign these Terms. The words “include,” “includes,” and “including” means “include,” “includes,” or “including,” in each case, “without limitation.” The parties hereto are independent parties, not agents, employees, or employers of the other or joint ventures, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other.