Terms of Use

Last Modified June 8, 2021

Welcome to the Global Healing website located at GlobalHealing.com. These Terms of Use (the "Terms") are a legal contract between the customer (hereinafter "Customer") and Global Healing Center, LLC (hereinafter "Global Healing," "we," "us," or "our"). By using the website at GlobalHealing.com ("website"), including purchasing products from this website, you acknowledge that you have read, understand, and agree to be legally bound by these terms. If you do not agree, you may not use this website.

PLEASE CAREFULLY REVIEW SECTION 14 “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SET FORTH BELOW AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS INCLUDED HEREIN AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

It is your responsibility to review these Terms periodically. We reserve the right to revise these Terms at any time without notice. If you use this website after the revisions are made, you agree to such revisions.

  1. WEBSITE

    We grant you a non-commercial, non-exclusive, non-assignable, non-transferable and limited license to access and use this website for your personal use, and to copy, distribute, and transmit the content of this website only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using this website for your personal use or for the purpose of purchasing Global Healing products for resale if you are an Authorized Reseller. This license does not include any resale or commercial use of this website or its contents or any use of data mining, gathering, or extraction tools.

    Except as permitted above, no portion of this website may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose without the express written consent of Global Healing. You may not use Global Healing’s name or trademarks without the express written consent of Global Healing. Any unauthorized use terminates the permission or license granted by Global Healing.

    We reserve the right to change any information, features, and functions of this website without notice. We reserve the right to stop supplying Global Healing products at any time at our discretion. We may refuse service, suspend or terminate accounts, and/or deny access to any or all parts of this website if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our rights, or the rights of any third party. The use of this website for any illegal or unauthorized purpose is strictly prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our website, goods, and services.

  2. NO MEDICAL ADVICE

    Information and statements made are for education purposes and are not intended to replace the advice of your treating doctor. Global Healing does not dispense medical advice, prescribe, or diagnose illness. The views and information expressed by Global Healing are not intended to be a substitute for conventional medical service. If you have a severe medical condition or health concern, see your healthcare provider. Before using any products offered on this website, carefully read all labels and heed all included directions and warnings.

    Statements on this website have not been evaluated by the Food and Drug Administration. Products offered on this website are not intended to diagnose, treat, cure, or prevent any disease.

  3. PRODUCTS AND SERVICES

    Our goods and services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our goods and services are not available to minors. If you are a minor, you may use this website only in conjunction with your parents or legal guardians.

    The products and services made available on this website are intended for personal use only or if you are an Authorized Reseller then solely to purchase Global Healing products for resale under our Authorized Reseller agreement. You may not assign, transfer, re-market, resell, or otherwise dispose of such products and services without obtaining Global Healing’s prior written consent. Global Healing and its suppliers may cancel or modify purchases on this website if it appears that they are the result of fraudulent or inappropriate activity or where it appears that the purchase contains or has resulted from a mistake or error. We reserve the right to limit the number of products that may be ordered.

    Prices and promotions are subject to change without notice.

    All testimonials and product reviews are authentic from actual customers. Documentation is available for legal inspection. Product reviews are within range of typicality.

    WARNING: Some of the products offered on this website can expose you to chemicals which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food.

  4. BILLING AND PAYMENT

    Customer agrees to compensate Global Healing for any goods or services ordered through this website at the original purchase price, excluding promotions, etc. Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment for the products ordered through the website may be made through a valid credit card, debit card, or other payment method offered through the website. Orders are not binding upon us, until accepted by us. All refunds are in Global Healing’s sole discretion.

    Global Healing shall have the right to cancel any orders placed for products listed at the incorrect price, whether or not the order has been confirmed and your credit card or debit card charged. If your credit card or debit card has already been charged for the purchase and your order is canceled, Global Healing shall issue a credit to your credit card or debit card account in the amount of the charge.

    Promotional offers are not valid for orders completed after the sale has ended or retroactively to any orders made before the promotion was sent to you. Only one promotional offer per order.

    Promotional offers may be applied to a maximum of ten (10) products. Promotional offers do not apply to wholesale orders, Organic Hemp Extract, or any Drucker Labs products (IntraMAX® 2.0, IntraKID® 2.0, IntraMIN®). Free shipping applies to orders shipped within the US and Canada only.

  5. GUARANTEE AND RETURN POLICIES

    Global Healing provides a one-year money-back guarantee policy on all Global Healing and Drucker Labs branded products purchased directly from this website and shipped to the United States or Canada. Only one opened product is eligible for return. All others of the same product must be in a factory sealed container to be eligible for a refund.

  6. ACCOUNTS

    Some services on this website permit or require you to create an account to participate. As part of the registration process, you may be asked to click to agree to these Terms, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. You agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by our registration processes. You shall not misrepresent your identity or use another person’s username, password or other account information, or another person’s name, likeness, voice, image, or photograph. You are responsible for maintaining the security of that username and password, and you are responsible for all activity on your account whether or not authorized. You also agree to promptly notify us at [email protected] of any unauthorized use of your account information, or any other breach of security that you become aware of involving or relating to this website. Global Healing will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.

    When placing an order through the website, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by Global Healing or its third-party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the website is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the website change, please login to your account and update such information directly on the website.

  7. PRIVACY AND ELECTRONIC COMMUNICATIONS

    Any personal information, including any registration data, that you provide to us on the website is subject to our Privacy Policy. For more information, click here to view the Privacy Policy, which is incorporated into these Terms by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to us via the website or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name. We can be contacted by email at [email protected].

    By using this website or sending us emails, you consent to receive electronic communications from us. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  8. CONTENT

    Certain features of the website may allow you to contribute feedback and other information to the website for access, use, viewing, and commentary by other users of the website (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by Global Healing on the website, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to Global Healing, you grant Global Healing a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever. For avoidance of doubt, Global Healing shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments. This Section includes any other website created by Global Healing, on social media platforms, including, but not limited to Facebook, Twitter, Instagram, TikTok, and Pinterest.

    You acknowledge that the use of any Comments or other content posted is at your own risk. We are not responsible for, and we do not endorse, any Comments posted or sent by users and we expressly disclaim any and all liability in connection therewith. Global Healing has no obligation to monitor the Comments or other content on any of the forums or on the website but may edit and remove any Comments or other content in Global Healing’s sole discretion.

  9. DISCLAIMERS AND LIMITATION OF LIABILITY

    YOU ASSUME ALL RISK OF USING THIS WEBSITE, WEBSITE MATERIALS, COMMENTS, CONTENT AND THE PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THIS WEBSITE, WEBSITE MATERIALS, COMMENTS, CONTENT AND THE PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE.

    IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES, CONTRACTORS OR OUR MANUFACTURERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR MULTIPLIED DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, WEBSITE MATERIALS, COMMENTS, CONTENT, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING LOSS OF PROFITS, LOSS OF USE OR OTHER ECONOMIC DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF GLOBAL HEALING'S LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR BY STATUTE (INCLUDING, BUT NOT LIMITED TO, THE TEXAS DECEPTIVE TRADE PRACTICES ACT AND ALL OTHER CONSUMER PROTECTION STATUTES). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, CONTRACTORS, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES, IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF THE PURCHASE, OR (B) $100. CUSTOMER ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY IS PART OF THE CONSIDERATION OF THIS AGREEMENT AND WAS SPECIFICALLY INCLUDED BY GLOBAL HEALING IN THE CALCULATION AND ESTABLISHMENT OF THE PRICES PAID BY CUSTOMER, WHICH, BUT FOR THIS LIMITATION, WOULD HAVE BEEN MUCH HIGHER. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF GLOBAL HEALING, SUBSIDIARIES, EMPLOYEES, CONTRACTORS, AND SUPPLIERS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

  10. PROPRIETARY RIGHTS

    As between you and Global Healing, Global Healing owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the website (“Website Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Website Materials. All Website Materials are protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Website Materials. As between any user and Global Healing, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the website are proprietary to Global Healing or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Website Materials, other than the right to use the Website Materials in accordance with these Terms.

  11. INDEMNIFICATION

    You agree to defend, indemnify and hold Global Healing and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of: (i) your breach of this Agreement or the documents it incorporates by reference; (ii) your use of and access to the website, Website Materials, content and the products and services offered on the website; (iii) the use by any other persons accessing this website, Website Materials, content and the products and services offered on the website using your Internet account or account login; or (iv) your violation of any law or the rights of a third party, including without limitation any copyright, intellectual property, or privacy rights. This defense and indemnification obligation will survive these Terms and your use of the website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section without the prior written consent of Global Healing.

  12. THIRD-PARTY LINKS

    This website may link to websites operated by third parties ("Third-Party Sites"). Global Healing has no control over these Third-Party Sites, all of which have separate privacy and data collection practices, independent of Global Healing. Global Healing is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services, or use of any Third-Party Site or any website accessed from a Third-Party Site. Third-Party Sites are only for your convenience, and you access them at your own risk. You are responsible for all risks associated with access to and use of content provided on a Third-Party Site and agree that Global Healing is not responsible for any loss or damage of any sort you may incur from dealing with a third party.

  13. COMPLAINT PROCEDURES

    If you believe that any content or postings on this website violates your intellectual property or other rights, please notify Global Healing by email at [email protected] with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

  14. MANDATORY ARBITRATION AND CLASS ACTION WAIVER

    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

    Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”). 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; and an arbitrator must also follow the terms of these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in Houston, Texas, unless Global Healing elects otherwise.

    The arbitrator will decide the substance of all claims in accordance with the laws of the State of Texas. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Global Healing will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Global Healing should be submitted by mail to the AAA along with your demand for arbitration and Global Healing will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Global Healing will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Global Healing for all fees associated with the arbitration paid by Global Healing on your behalf that you otherwise would be obligated to pay under the AAA's rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.

    You can choose to reject this agreement to arbitrate by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the Global Healing account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. 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 these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

    Class Action Waiver. YOU AND GLOBAL HEALING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. This means that you and Global Healing expressly waive any rights to file a class action or seek relief on a class basis.

    Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the website.

  15. NOTICES

    Except as explicitly stated otherwise, any notices shall be given by postal mail to Global Healing, Inc., Attn: Legal Department, 1242 N Post Oak Rd, Suite 100, Houston, Texas 77055 (in the case of Global Healing) or to the address you provide to Global Healing during the purchase process (in your case). Notice shall be deemed given three (3) days after the date of mailing.

  16. MISCELLANEOUS

    These Terms, including the Privacy Policy, constitute the whole legal agreement between you and Global Healing and govern your use of the website, services and any transactions you may have with Global Healing through the website and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and Global Healing in relation to such matters. In the event any other rule, code of conduct, or other matter posted on the website conflicts with the terms of these Terms, these Terms of Use shall govern. The website is controlled and operated from within the United States. Without limiting anything else, Global Healing makes no representation that the website, Website Materials, Comments, services, products, information or other materials available on, in, or through the website is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the website from other locations do so on their own volition and are responsible for compliance with applicable laws.

    This Agreement may not be otherwise amended except in writing signed by you and Global Healing, Inc. This Agreement is subject to and governed by the laws of the State of Texas, with the exception of its conflict of laws provisions. Any waiver or forbearance by Global Healing of any breach (by Customer) of any provision of this Agreement shall not be construed as a waiver of any subsequent breach by Customer. This Agreement shall be binding upon the parties and their executors, administrators, successors, and assigns. If any provision of this Agreement is held illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability will not affect any other provision hereof. Such provision and the remainder of this Agreement and schedules shall, in such circumstances, be deemed modified to the extent necessary to render the remaining provisions enforceable.

  17. GLOBAL HEALING SMS TERMS & CONDITIONS

    You agree to receive recurring automated promotional and personalized marketing text (e.g. SMS and MMS) messages (e.g. cart reminders) from Global Healing, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

    Message frequency will vary. Global Healing reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Global Healing also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

    Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Global Healing, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.You also agree to our Terms of Use and Privacy Policy

    We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, Virgin Mobile, U.S. Cellular, Truphone Limited, Google Voice, Claro Puerto Rico, Boost, Associated Carrier Group (ACG), Peerless Network, ClearSky(RCG), Interop(Tier2/3).

    1. Cancellation

      Text the keyword STOP to our shortcode to cancel. After texting STOP to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword commands and agree that Global Healing and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Global Healing through any other programs you have joined until you separately unsubscribe from those programs.

    2. Help

      Text the keyword HELP to our shortcode to return customer care contact information.

    3. Customer Care

      If you are experiencing any problems, please email [email protected] or call 1-800-476-0016.

    4. Dispute Resolution

      • General. In the interest of resolving disputes between you and Global Healing in the most expedient and cost effective manner, you and Global Healing agree that any dispute arising out of or in any way related to these SMS terms and conditions ("SMS Terms") or your receipt of text messages from Global Healing or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these SMS Terms, or your receipt of text messages from Global Healing or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE SMS TERMS, YOU AND GLOBAL HEALING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE SMS TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

      • Exceptions. Notwithstanding subsection (a) above, nothing in these SMS Terms will be deemed to waive, preclude, or otherwise limit the right of you or Global Healing to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

      • Arbitrator. Any arbitration between you and Global Healing will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these SMS Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Global Healing. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

      • Notice; Process. If you or Global Healing intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Global Healing address for Notice is: 1242 N Post Oak RD Suite 100, Houston, TX 77055, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Global Healing will make good faith efforts to resolve the claim directly, but if you and Global Healing do not reach an agreement to do so within 30 days after the Notice is received, you or Global Healing may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Global Healing must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these SMS Terms, Global Healing will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Global Healing for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Global Healing agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Global Healing made within 14 days of the arbitrator's ruling on the merits.

      • No Class Actions. YOU AND GLOBAL HEALING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Global Healing agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

      • Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these SMS Terms, if Global Healing makes any future change to this arbitration provision, other than a change to the contact address for Notice, you may reject the change by sending us written notice within 30 days of the change to [email protected] or to 1242 N Post Oak Rd Suite 100, Houston TX 7705, for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Global Healing.

      • Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these SMS Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these SMS Terms shall remain in full force and effect.

IF YOU HAVE ANY QUESTIONS ABOUT ANY OF THESE TERMS, PLEASE CONTACT US.