Terms and Conditions for "Better by MTA" Platform

Effective Date: October 4, 2024

Welcome to Better by MTA! These Terms and Conditions ("Terms") govern your use of the Better by MTA platform ("Platform") and are applicable to Better by MTA, Medical Tourism Association Inc., and Healthcare Revolution LLC (collectively referred to as "We", "Us", or "Our"). The Platform is used to facilitate the booking and purchase of medical treatments and healthcare services provided by third-party healthcare providers ("Providers"). By using the Platform, you agree to be bound by these Terms, which apply equally to all the aforementioned entities.

1. Introduction and acceptance

1.1. By accessing, browsing, or using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Better by MTA, and failure to adhere to them may result in suspension or termination of your account.

1.2.  If you do not agree with any part of these Terms, you must refrain from using the Platform and refrain from purchasing any Treatments.

1.3. By creating an account or clicking “Accept” where indicated during the registration process, you confirm your acceptance of these Terms, which establish a legally binding agreement between you and Better by MTA.

1.4. In addition to these Terms, your use of the Platform is also governed by our Privacy Policy, Cookie Policy, and any other policies referenced within this document.

1.5. Better by MTA reserves the right to modify or update these Terms at any time. Such changes will be effective immediately upon being posted on the Platform. Your continued use of the Platform constitutes acceptance of the updated Terms.

1.6. You acknowledge that by using the Platform, you are subject to applicable healthcare regulations in your country or region and agree to comply with all legal requirements as they pertain to the services being offered and purchased.

2. Definitions

For the purpose of these Terms, the following definitions apply:

2.1 “Platform” refers to the “Better by MTA” online platform, accessible via web or mobile application, that allows users to browse, book, and purchase Treatments offered by various licensed Providers.

2.2. “User” or “You” refers to any person who accesses or uses the Platform, whether registered or unregistered, including those who book or purchase Treatments.

2.3. “Provider” refers to any licensed healthcare professionals, clinics, hospitals, or other medical organizations offering Treatments through the Platform.

2.4. “Treatment” refers to any medical services, procedures, consultations or healthcare interventions provided by a licensed Provider that can be searched, booked or purchased through the Platform.

2.5. “Booking” refers to the process of scheduling and purchasing a specific Treatment through the Platform, which may include selecting dates, times, and specific Providers.

2.6 “Payment Processor” refers to any third-party entities responsible for processing and managing transactions made on the Platform. including payment gateways, credit card processors, or digital payment services.

2.7 “Account” Refers to a registered profile created by a User on the Platform, which allows access to specific features such as managing Bookings, accessing personalized services, and interacting with Providers.

2.8. “Member Content”: Refers to any text, photos, videos, reviews, feedback, or other media that a User or Provider submits, posts, or shares on the Platform.

3. Eligibility

To use the Platform, you must meet the following eligibility criteria:

3.1. Age Requirement: You must be at least 18 years of age or older to create an account and purchase Treatments. If you are under 18, you may use the Platform only with the involvement and consent of a parent or legal guardian.

3.2. Legal Capacity: You must be legally capable of entering into a binding contract under the laws of your jurisdiction.

3.3. Compliance with Laws: You agree to comply with all applicable local, state, national, and international laws and regulations when accessing and using the Platform. This includes, but is not limited to, data privacy laws, healthcare regulations, and consumer protection standards.

3.4 Sanctioned Countries and Restricted Users The Platform is not available for use by individuals located in, or acting on behalf of, entities in countries subject to U.S. or international sanctions. If you are accessing the Platform from a restricted country, or are identified as a prohibited user under applicable law, you must immediately discontinue use.

3.5. Non-Exclusion: You must not have previously been suspended, removed, or restricted from using the Platform.

Better by MTA reserves the right to deny access or use of the Platform to anyone at its discretion, without prior notice, including Users who do not meet the above eligibility criteria.

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4. Account Registration and Security

4.1. Account Creation

To access certain features of the Platform, such as booking and purchasing Treatments, you must register for an account. During the registration process, you will be required to provide accurate and up-to-date personal information, including but not limited to your name, email address, phone number, and payment information. You agree to:

4.1.1 Provide accurate, current, and complete information during the registration process  

4.1.2 Update such information as needed to ensure it remains accurate, current, and complete at all times.

If you provide any information that is false, incomplete, or outdated, Better by MTA reserves the right to suspend or terminate your Account immediately.

4.2. Verification and Identity Checks: Better by MTA may verify the identity of Users through the information provided at the time of registration, such as legal names and government-issued identification, to ensure a safe and trusted environment for all participants. Identity verification is conducted as necessary for security purposes and to comply with applicable laws. If requested, Users must provide accurate and up-to-date information and agree to cooperate fully to complete this process.

4.3. Single Account Policy

Each User may only create and use one Account unless explicitly authorized by Better by MTA. Creating multiple Accounts without permission is strictly prohibited and may result in the termination of all associated accounts. Better by MTA reserves the right to close any duplicate accounts or take further action as needed.

4.4. Account Security

You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to:

4.4.1 Keep your login credentials secure and not share them with any third party or use another person’s account without their explicit permission.

4.4.2 Immediately notify Better by MTA of any unauthorized use of your account or any other breach of security.

Better by MTA will not be liable for any loss or damage arising from your failure to comply with this security obligation.

4.5. Accurate Information

All information provided during the registration process and throughout your use of the Platform must be accurate and truthful. Providing false, misleading, or incomplete information is strictly prohibited and may result in the suspension or termination of your Account.

4.6. Account Suspension or Termination

Better by MTA reserves the right to suspend or terminate your account at any time, with or without cause, including but not limited to:

• Providing false or misleading information during registration.

• Violating these Terms or engaging in fraudulent or harmful activities.

• Refusing to comply with verification or identity check requirements.

• Any other reason at the sole discretion of Better by MTA, to ensure the safety and integrity of the Platform.

In the event of account termination, Better by MTA may provide notice, but is not obligated to, depending on the nature of the violation or reason for suspension.

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5. Booking and Purchasing Treatments

5.1. Booking Process

Once you have registered an account, you can browse available Treatments and select a Provider based on your preferences, including treatment type, location, availability, and pricing.

To book a specific Treatment, you may select your preferred date, time, and Provider through the Platform. Your booking request will be subject to confirmation by the Provider.

Upon acceptance of your booking request, you will receive a confirmation notification through the Platform or via email indicating your booking has been successfully made.

5.2. Contract Between User and Provider

Upon confirmation of your booking, a direct contract is established between you and the Provider for the delivery of the Treatment.

Better by MTA facilitates the booking and payment process but is not a party to the contract between you and the Provider. All medical services, including any post-treatment care, are provided solely by the Provider, and Better by MTA does not offer any medical services or guarantee the effectiveness, quality or outcomes of Treatments.

5.3. Treatment Details

The description, risks, benefits, and potential side effects of each Treatment are provided by the Provider on the Platform. It is your responsibility to thoroughly review the Treatment details, risks and potential complications before booking and to consult with the Provider regarding any questions or concerns.

By booking a Treatment, you confirm that you understand the nature of the Treatment and the associated risks. You also agree to adhere to any pre-treatment and post-treatment instructions provided by the Provider.

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6. Prices, Fees, and Payment

6.1. Treatment Pricing

• The price for each Treatment is clearly stated on the Platform and is determined by the Provider. Prices may vary depending on the type of Treatment, the Provider’s qualifications, and the location.

• Prices are subject to change without notice. Prices may be affected or change because of currency exchange rates. Once a booking is confirmed, the price at the time of the booking will apply, regardless of any subsequent price changes.

• Treatment prices may include additional taxes, government fees, or charges that are the responsibility of the User.

6.2. Payment Methods

• All payments for Treatments must be made through the Platform using one of the supported payment methods, including credit or debit cards, digital wallets, or other approved methods. The Platform uses third-party Payment Processors to handle all payments.

• You authorize Better by MTA and the Payment Processor to charge your selected payment method for the full amount due for the Treatment at the time of booking.

• If the payment fails for any reason, your booking request may be canceled or suspended until the payment is successfully processed.

6.3. Authorization for Payment

• By providing payment information, you represent and warrant that you are authorized to use the payment method and that you authorize Better by MTA or its Payment Processor to charge the full payment amount for the Treatment.

• Any fees or charges imposed by your financial institution, such as foreign transaction fees or currency conversion fees, are your responsibility.

6.4. Deposit and Pre-Payment

• Certain Treatments may require a deposit or full pre-payment at the time of booking. The deposit amount will be stated on the booking page, and the remaining balance (if applicable) will be due before or on the day of the Treatment.

• Failure to make any required deposit or payment may result in the cancellation of your booking and forfeiture of any paid amount.

6.5. Currency

• Unless otherwise stated, all prices on the Platform are displayed in US dollars. If you are using a payment method in a different currency, you may be subject to exchange rates and conversion fees, which are your responsibility.

6.6. Late Payments and Payment Failures

• In the event that your payment method is declined or the Payment Processor is unable to process your payment, Better by MTA reserves the right to cancel your booking.

• You will be notified of the payment failure and may be given an opportunity to resolve the issue within a specified period of time. If the payment issue is not resolved, Better by MTA and the Provider may cancel the booking without further notice.

6.7. Receipts and Invoices

• After successful payment for a Treatment, you will receive an electronic receipt via email. If you require a detailed invoice for insurance purposes or tax deductions, you may request one from the Provider.

7. Refunds and Cancellation Policy

7.1. User Cancellations

• You may cancel your booking via the Platform, subject to the cancellation policy of the specific Treatment and the Provider.

• Cancellation policies vary depending on the Provider and Treatment type and will be clearly stated on the booking page. This may include a cutoff time for cancellations, after which refunds will not be provided.

• If you cancel a booking before the cutoff time, you may be entitled to a full or partial refund, as outlined in the specific cancellation policy of the Provider.

7.2. Provider Cancellations

• Providers may cancel your appointment or reschedule it for any reason, including in the event of unforeseen circumstances, including but not limited to Provider illness, unavailability of facilities, or emergencies.

• If the Provider cancels your booking, you will be notified promptly, and you will have the option to receive a full refund or reschedule the appointment at no additional cost.

7.3. No-Show Policy

• If you fail to attend your scheduled Treatment without prior cancellation or communication with the Provider, you may forfeit your payment and will not be eligible for a refund. Providers may have specific policies regarding no-shows, which will be communicated during the booking process.

7.4. Non-Refundable Services

• Certain services or Treatments may be explicitly marked as non-refundable. If you proceed with the booking, you acknowledge and agree that you will not be eligible for a refund for any reason, including in the event of cancellation, non-attendance, or dissatisfaction with the results of the Treatment.

7.5. Medical Contraindications

• If the Provider determines that you are medically ineligible to proceed with a booked Treatment, you may be eligible for a refund or credit for future use. A Provider’s decision to cancel a Treatment for medical reasons will be based on their clinical judgment and assessment of your condition.

7.6. Refund Processing

• Refunds, when applicable, will be processed through the original payment method used during the booking process. Refunds may take up to 10 business days to appear in your account, depending on your financial institution and the Payment Processor used.

• Better by MTA will not be responsible for any delays in refund processing caused by your financial institution, and any associated fees incurred due to currency conversions or international transfers will be a responsibility of the User.

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8. Medical Treatment and Responsibilities

8.1. Healthcare Disclaimer

• Better by MTA is a platform for booking Treatments and does not provide medical advice, diagnosis, or treatment. The content on the Platform, including Treatment descriptions and healthcare information, is for informational purposes only and is not a substitute for professional medical advice.

• You should consult with your healthcare provider before making any decisions regarding medical care. You acknowledge and agree that Better by MTA is not responsible for any medical decisions, outcomes, or complications related to the Treatments you receive from a Provider.

8.2. Provider Responsibilities

• Providers listed on the Platform are independent entities responsible for delivering the healthcare services and Treatments you book.

• Providers must comply with all local, state, and federal laws, including licensing, certification, and regulations applicable to the medical services they offer.

• Providers are responsible for obtaining your informed consent prior to performing any medical Treatment, which includes explaining the risks, benefits, and alternatives associated with the Treatment.

8.3. User Responsibilities

• You are responsible for providing accurate and complete information regarding your health, medical history, allergies, medications, and any other relevant information prior to receiving a Treatment. Failure to do so may result in adverse outcomes, for which Better by MTA and the Provider cannot be held liable.

• You agree to comply with any pre-treatment and post-treatment instructions provided by the Provider to ensure the best possible outcome of the Treatment.

8.4. Medical Records and Privacy

• Providers may require access to your medical records or may need to keep records of the Treatments you receive. These records are maintained in accordance with applicable healthcare laws, including but not limited to HIPAA (Health Insurance Portability and Accountability Act) for U.S.-based Providers.

• Better by MTA does not have access to your medical records. Any medical information you provide is shared directly with the Provider and is subject to the Provider’s privacy policy.

9. Liability and Disclaimers

9.1. Platform as a Marketplace

• Better by MTA is an intermediary platform that facilitates the booking and payment of Treatments between Users and Providers. We do not endorse, recommend, or warrant any Provider or Treatment listed on the Platform. The Platform serves solely as a marketplace.

9.2. No Warranty

• Better by MTA makes no representations or warranties, express or implied, regarding the quality, suitability, reliability, timeliness, outcomes, or accuracy of the Treatments or the Providers. All content, services, and Treatments provided through the Platform are "as is" and "as available."

• You use the Platform and receive medical Treatments at your own risk.

9.3. Limitation of Liability

9.3.1. Waiver of Liability

To the fullest extent permitted by applicable law, by using the Better by MTA Platform, you, the User, expressly acknowledge and agree that your use of the Platform and the medical procedures, surgeries, or healthcare Treatments booked through it are entirely at your own risk. Better by MTA acts solely as a facilitator, connecting Users with licensed medical professionals and healthcare Providers. The Platform itself does not provide medical services, and Better by MTA makes no representations or warranties regarding the safety, quality, or effectiveness of the medical procedures or treatments offered by the Providers listed on the Platform. Better by MTA disclaims any and all liability for the medical outcomes or experiences arising from such services. The Platform is provided on an "as is" and "as available" basis, without any warranties, express or implied, including but not limited to any warranties regarding the accuracy of information, timeliness of bookings, or the qualifications or capabilities of the Providers. Any medical advice, treatment, or procedure you receive through a booking made on the Platform is undertaken entirely at your own risk and under the sole responsibility of the healthcare Provider.

Better by MTA, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, suppliers, and any other parties involved in the creation, production, or delivery of the Platform or any services through the Platform shall not be held liable for any and all types of damages that may arise from or in connection with your use of the Platform or the medical Treatments provided by the Providers, including, but not limited to:

• Special, Incidental, or Punitive Damages: These include extraordinary or punitive damages that may result from claims such as emotional distress, pain and suffering, physical injury, or death that result from the medical Treatments received from Providers. Better by MTA disclaims any responsibility for any failure to meet patient expectations in terms of medical outcomes or results. You agree the platform will not be liable for special, incidental, or punitive damages.

• Damages Resulting from Medical Malpractice or Negligence by Providers: You agree that Better by MTA is not liable for any medical malpractice, negligence, errors, or omissions on the part of any healthcare Providers listed on the Platform. The relationship between you and the Provider is strictly independent, and Better by MTA is not responsible for the medical competence, licensing, qualifications, expertise, outcomes or performance of any Provider. Any claims of malpractice or negligence should be addressed directly with the Provider, and you waive all claims against Better by MTA arising out of or in connection with the medical services rendered by the Provider.

You hereby irrevocably waive any and all claims against Better by MTA, its employees, officers, directors, agents, affiliates, and subsidiaries, for any damages, losses, or injuries that may arise from your use of the Platform or any Treatments received from Providers. By accepting these Terms, you agree that Better by MTA is not a healthcare provider, and the Platform is a facilitator of bookings and payments only.

9.3.2. Limitation of Damages

Better by MTA’s aggregate liability, for any and all claims that may arise, shall be limited to the total amount of fees you have paid to Better by MTA for the specific Treatment that gave rise to the claim. This limitation applies irrespective of the nature of the claim, whether it arises from contract, tort, negligence, strict liability, or any other legal or equitable theory.

This means that if a claim or dispute arises out of your use of the Platform or the medical Treatment you receive, your maximum potential recovery from Better by MTA will be limited to the amount you paid for the relevant service. You hereby waive any right to recover damages that exceed this amount.

Additionally, you acknowledge and agree that:

• No Liability for Third-Party Actions: Better by MTA shall not be held liable for the actions, errors, omissions, or failures of any third parties, including but not limited to healthcare Providers, third-party payment processors, or any other third parties involved in the provision of services via the Platform.

• Disclaimer of Warranties: The Platform does not guarantee the outcome of any medical Treatments. Better by MTA provides a marketplace for connecting Users with Providers but does not endorse or guarantee the qualifications, reliability, effectiveness, or safety of the Providers. The medical outcomes are entirely the responsibility of the Providers, and any dissatisfaction with medical results must be pursued directly with the Provider.

• Exclusion of Liability for Data Breaches: In the event of unauthorized access, hacking, or any form of data breach that may compromise your personal or medical information, Better by MTA shall not be liable for any resulting damages, including but not limited to identity theft, financial loss, or reputational harm.

• Exclusion of Consequential and Punitive Damages: You explicitly waive any right to seek consequential, incidental, indirect, or punitive damages from Better by MTA. This includes any damages for lost income, lost business opportunities, or emotional distress, even if you have informed Better by MTA of the possibility of such damages. This waiver applies even in cases where Better by MTA may have been found liable in some respect.

9.3.3. Indemnification

You agree to indemnify, defend, and hold harmless Better by MTA, its affiliates, subsidiaries, officers, directors, employees, agents, contractors, licensors, suppliers, and any third parties providing services through the Platform from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) arising from or related to:

• Your Use of the Platform: Any use of the Platform or related services that results in claims against Better by MTA, including claims related to your bookings, medical treatment, payments, and interactions with Providers.

• Your Breach of the Terms: Any breach or violation of these Terms, including any misrepresentation, unauthorized activity, or misuse of the Platform.

• Your Violation of Law: Any violation of local, state, federal, or international laws or regulations, including any violation of healthcare regulations or industry standards applicable to your use of the Platform or the medical Treatments you receive.

• Medical Malpractice Claims: Any claims, lawsuits, or actions arising out of or related to alleged malpractice, negligence, or failure by the healthcare Provider to meet applicable medical standards in the delivery of Treatments. You agree to indemnify Better by MTA against any liability that arises from medical issues between you and the Provider.

• Third-Party Claims: Any claims brought by third parties that arise from your actions or omissions, including but not limited to claims of intellectual property infringement, unauthorized use of materials, or violations of third-party rights.

This indemnification obligation shall survive the termination or expiration of your use of the Platform and these Terms. You agree to fully cooperate with Better by MTA in the defense of any such claims, and you agree not to settle any matter without the prior written consent of Better by MTA.

9.3.4. Waiver of Legal Recourse

By agreeing to these Terms, you voluntarily and knowingly waive any right to pursue any and all claims, disputes, or lawsuits against Better by MTA, its employees, officers, directors, or agents that arise out of or in connection with your use of the Platform or the medical Treatments received from Providers.

• Binding Arbitration: In the event of a dispute, you agree that any claims or legal actions must be resolved through binding arbitration, conducted in accordance with the rules of the American Arbitration Association (AAA) or another reputable arbitration organization. You agree that arbitration shall take place in a mutually agreed-upon location, and the arbitration decision shall be final and binding. This waiver of court proceedings applies to all claims related to your use of the Platform or the medical services rendered by Providers, and you waive any right to a trial by jury.

• Limitations on Legal Remedies: You agree that the only remedy you may seek against Better by MTA is the recovery of the amount you paid for the specific Treatment that gave rise to the claim. Any damages exceeding this amount are explicitly waived. This waiver extends to all forms of damages, including compensatory, consequential, punitive, and emotional distress damages.

9.3.5. Global Enforceability

The waiver of liability, limitation of damages, and indemnification provisions outlined herein are intended to be fully enforceable in any jurisdiction worldwide to the maximum extent permitted by law. Whether you access or use the Better by MTA Platform from within the United States or internationally, these provisions will apply with equal force, regardless of the local laws in your region or country.

• Cross-Border Enforcement: You agree that Better by MTA operates on an international scale, and any claims related to your use of the Platform shall be governed by and interpreted under the laws of Palm Beach County, Florida USA. To the extent that any provisions of these Terms are found to be unenforceable in certain jurisdictions, such provisions shall be severable, and the remainder of the Terms shall remain in full force and effect.

• Jurisdiction and Venue: You agree that any legal proceedings arising out of these Terms or your use of the Platform must be brought exclusively in the courts of Palm Beach County, Florida USA and you consent to the personal jurisdiction of such courts. Furthermore, if you reside outside of Palm Beach County Florida USA, , you agree to waive any objection to the jurisdiction or venue in such courts based on convenience, forum non conveniens, or any other similar grounds.

9.3.6. Voluntary Agreement

By accepting these Terms and using the Better by MTA Platform, you acknowledge that you have been fully informed of your legal rights and the potential risks associated with your medical Treatment and that you have voluntarily and knowingly agreed to waive certain legal rights, including the right to sue or seek damages beyond the amount paid for the Treatment. You also acknowledge that you have had sufficient opportunity to seek legal advice and that this waiver is entered into freely and without any form of coercion.

9.4. Severability and Finality of Agreement

In the event that any provision of this Limitation of Liability and Indemnification section is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the enforceability of the remaining provisions, which shall remain in full force and effect. This Limitation of Liability and Indemnification section represents the final, complete, and exclusive understanding between you and Better by MTA regarding the allocation of risks and responsibilities related to your use of the Platform and the provision of Treatments by Providers. It supersedes any prior or contemporaneous understandings, agreements, representations, or warranties, whether written or oral, related to the subject matter of this agreement.

9.5. Force Majeure

• Better by MTA is not responsible for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including but not limited to natural disasters, epidemics, labor strikes, acts of war, terrorism, and governmental restrictions.

10. Governing Law and Dispute Resolution

10.1. Governing Law

• These Terms are governed by and construed in accordance with the laws of Palm Beach County  Florida, USA without regard to its conflict of law principles. You agree and consent to exclusive personal jurisdiction being in Palm Beach County, Florida, USA.

10.2. Dispute Resolution

10.2.1. Binding Arbitration

To the fullest extent permitted by applicable law, any disputes, controversies, or claims arising out of or relating to these Terms, your use of the Better by MTA Platform, the booking or receipt of any Treatments through the Platform, or any interaction between you and a healthcare Provider, shall be exclusively and finally resolved through binding arbitration, rather than in court. This includes but is not limited to any claims related to breach of contract, torts, misrepresentation, negligence, malpractice, or any other legal theory.

The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Mediation Procedures. You acknowledge and agree that you are waiving your right to a jury trial or to participate in a class action lawsuit or any other representative proceeding.

10.2.2. Location and Governing Rules

The arbitration shall be conducted in Palm Beach County, Florida, USA. Better by MTA shall have the sole discretion to determine whether the arbitration will be conducted in person, by telephone, or through written submissions. Regardless of the chosen method of arbitration, the arbitration proceedings shall be governed by the AAA rules, and the arbitrator shall be empowered to resolve any dispute related to the enforceability, interpretation, or application of these Terms.

10.2.3. Arbitrator’s Authority and Powers

The arbitrator shall have exclusive authority to decide all issues of arbitrability, including but not limited to whether a particular dispute falls within the scope of this arbitration agreement. The arbitrator shall also have the authority to grant any remedy or relief that would otherwise be available in court, including but not limited to damages, declaratory or injunctive relief, and attorneys’ fees, if applicable.

However, the arbitrator shall not have the authority to award punitive, consequential, special, or indirect damages, except as expressly permitted by the relevant state or federal law. Furthermore, the arbitrator shall not have the authority to consolidate claims, arbitrate claims on a class basis, or award relief on behalf of any person or entity other than the named parties in the arbitration.

10.2.4. Selection of Arbitrator

The arbitrator shall be selected by mutual agreement of the parties. If the parties are unable to agree on an arbitrator within [30] days of the initiation of arbitration, then the arbitrator shall be appointed by the AAA in accordance with its rules. The arbitrator must be a retired judge or an attorney with at least ten (10) years of experience in healthcare law or commercial contract disputes.

10.2.5. Costs and Fees

Each party shall bear its own costs, including attorneys’ fees, associated with the arbitration, except as provided by applicable law or the AAA rules. However, the costs of the arbitration itself, including the arbitrator’s fees and any administrative fees, shall be divided equally between the parties, unless the arbitrator determines that such division would cause a party undue hardship or unless otherwise required by the AAA rules.

10.2.6. Final and Binding Decision

The decision of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. There shall be no right of appeal or review except as provided under the Federal Arbitration Act (FAA) or other applicable arbitration laws.

By agreeing to these Terms, you understand that you are waiving your right to litigate in court or pursue any other legal remedy outside of arbitration, except for matters that are explicitly excluded by law from arbitration.

10.2.7. Exclusive Venue for Disputes

In the event that any portion of this arbitration agreement is deemed unenforceable or invalid by a court of competent jurisdiction, or if any dispute is found to be non-arbitrable under applicable law, the exclusive venue for any such dispute shall be the state or federal courts located in Palm Beach County, Florida, USA. You irrevocably consent to the personal jurisdiction of such courts for the resolution of any disputes that are not subject to arbitration.

10.2.8. Class Action Waiver

By agreeing to these Terms, you expressly waive any right to participate in a class action lawsuit, class-wide arbitration, or any other form of representative proceeding. All claims must be brought on an individual basis, and you waive any right to assert or receive relief on behalf of others.

This waiver of class actions is a material term of this arbitration agreement, and if it is found to be unenforceable, then the entire arbitration agreement shall be null and void. In such cases, any claims shall be resolved exclusively in the courts of Palm Beach County, Florida, USA.

10.2.9. Confidentiality of Arbitration Proceedings

To protect both parties’ interests, all aspects of the arbitration, including but not limited to the arbitration proceedings, the filings, the evidence, the arbitrator’s rulings, and the award, shall be kept strictly confidential by the parties. The parties agree not to disclose any confidential information related to the arbitration to any third parties, except as required by law or as necessary to enforce the arbitration award.

10.2.10. Exception for Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court, provided that the claim falls within the jurisdictional limits of such court and does not involve a request for injunctive or equitable relief.

10.2.11. Injunctive or Equitable Relief

Notwithstanding anything to the contrary in this section, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened harm, loss, or injury. This includes seeking relief for the protection of intellectual property, trade secrets, or any other proprietary information.

10.2.12. Voluntary Agreement

By using the Platform, booking Treatments, or engaging with Providers through Better by MTA, you voluntarily and knowingly agree to be bound by this arbitration agreement. You acknowledge that you have had the opportunity to review and understand the terms of this Dispute Resolution clause and that you are voluntarily waiving your right to a trial by jury or to participate in any class action or representative proceeding.

10.3. Severability

• If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.

11. Modifications and Updates to Terms

Better by MTA reserves the right to modify, update, or amend these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Platform. You are encouraged to review these Terms regularly to stay informed of any updates. Your continued use of the Platform constitutes your acceptance of any modifications to these Terms.

12. Contact Information

For any questions or concerns regarding these Terms, please contact us at:

Better by MTA

support@medicaltourismassociation.com

4371 Northlake Blvd STE 304

Palm Beach Gardens, Florida, 33418

By using the Platform and purchasing Treatments, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.

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