Arbitration Agreement

Binding arbitration

Please read this agreement carefully. It affects your legal rights. Except as stated below, you and Southern Virtual Health (“SVH”) agree that any dispute, claim, or controversy arising out of or relating to the website, eligibility process, membership, telehealth services, or these terms will be resolved by binding individual arbitration, not in court, and not as a class, collective, or representative action.

What is covered

This includes claims about care, billing, privacy, website use, communications, and marketing, whether based on contract, tort, statute, or any other theory, and whether arising before or after you agree to this document. It is part of the Terms of Use and Privacy Policy.

What is not covered

• Individual claims in small-claims court, if they qualify.
• Requests for injunctive relief to protect intellectual property.
• Claims that cannot be arbitrated under applicable law.

How arbitration works

Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or another mutually agreed administrator if AAA is unavailable. The seat of arbitration is Alabama. One arbitrator will decide. The arbitrator may award the same damages and relief a court could award to you individually. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver

You and SVH waive any right to a jury trial and to participate in a class, collective, consolidated, or representative proceeding. Claims may be brought only in an individual capacity. If this waiver is found unenforceable as to a particular claim, that claim must proceed in court, and the remaining claims stay in arbitration.

Governing law

This agreement is governed by the Federal Arbitration Act and, to the extent not preempted, the laws of the State of Alabama.

Opt-out

You may opt out of arbitration by sending written notice to support@southernvirtualhealth.com within 30 days of first creating a portal account or first submitting an eligibility request, whichever is earlier, stating your name, email, and that you opt out of arbitration. Opting out does not affect your ability to receive care.