Terms of Service
Effective Date: April 7, 2026
1. Introduction
This Terms of Service agreement (the “Terms”) is a legally binding contract between you (“you” or the “User”) and Catholic Charities USA Employee Welfare Benefit Trust d/b/a Catholic Employer Health Alliance (“CEHA,” “we,” “us,” and “our”) that governs your access and use of the websites, mobile applications, and other online platforms operated by CEHA where these Terms are posted and all features, services, information, content, media, printed materials and other electronic documentation accessible thereon (collectively, the “Website”), regardless of whether any such materials or services are provided in a publicly-accessible or a restricted access section of the Website.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. AMONG OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS, THE TERMS INCLUDE AN ARBITRATION PROVISION, WHICH, SUBJECT TO LIMITED EXCEPTIONS, REQUIRES USER TO ARBITRATE ANY CLAIMS USER MAY HAVE AGAINST CEHA ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT USER WILL NOT HAVE, AND USER WAIVES, THE RIGHT FOR A JUDGE OR JURY TO DECIDE USER’S CLAIMS, AND THAT USER MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.
By (a) accepting these Terms using a mechanism made available on the Website (such as by clicking an “I Agree” button or checking a box) or (b) otherwise accessing or using the Website for any purpose other than solely to review these Terms or our Privacy Policy, you expressly represent that you (i) have reached the age of majority in your jurisdiction of residence, (ii) have read and understand these Terms, and (iii) agree to be bound by these Terms. If you do not meet the foregoing age requirement, if you do not agree to all provisions of these Terms, or if these Terms are not enforceable where you are located, you are expressly prohibited from using the Website and must discontinue use immediately. We would not provide the Website without the conditions in these Terms. If you later seek to repudiate these Terms or any aspect thereof, you agree that such action would constitute a breach of these Terms, prohibiting you from enforcing any aspect of them and entitling us to damages resulting from your breach.
If you are an individual using the Website on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. In that case, references to “you” and “your” in these Terms refer to both you, the individual using the Website, and to the Organization you represent.
2. Additional Terms
Certain features or areas of the Website, including restricted access sections, may be subject to additional terms, conditions, rules, or guidelines (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other reasonable means. All Additional Terms are hereby incorporated by reference into these Terms. As such, any reference to the “Terms” herein includes the Additional Terms. If there is a conflict between the provisions herein and any Additional Terms, the Additional Terms shall prevail, but only to the extent of the conflict.
3. Updates to these Terms and Updates to the Website
CEHA expressly reserves the right to change these Terms at any time. If CEHA modifies the Terms, CEHA will provide notice to User by updating the “Effective Date” above. For material changes, CEHA will seek to supplement such notice by email at the email address we have on file for User, a pop-up message on the Website, another prominent notice on the Website, or other reasonable means. User’s continued use of the Website after any changes constitutes User’s agreement to be bound by the Terms as modified.
We reserve the right to modify, suspend, or discontinue the Website and any aspect thereof, and you agree that CEHA shall not be liable for any such actions. These Terms shall automatically apply to all improvements and modifications to the Website.
4. Privacy
Please review our Privacy Policy, which governs your submission of personal information via the Website.
The Privacy Policy is hereby incorporated into these Terms by reference. By agreeing to these Terms, you are hereby representing to CEHA that you understand and accept how we collect, use, and disclose information concerning your use of the Website, as set forth in our Privacy Policy. You understand and agree that (a) CEHA is justifiably relying on this representation in granting you access to the Website and (b) if you later take legal action inconsistent with this representation, this will constitute evidence that your representation was false. In that case, CEHA may elect to terminate these Terms, without prejudice to our ability to seek damages resulting from your breach. If you do not agree to the practices described in our Privacy Policy, you may not use the Website or provide us with any information.
5. Intellectual Property
a. CEHA Content
The contents of the Website, including all designs, text, sound recordings, images, graphics, buttons, digital downloads, data compilations, software, source and object code, and icons, and the design, selection, and arrangement thereof, as well as the overall appearance of the Website and sections thereof (collectively, the “CEHA Content”), is the property of CEHA or its licensors. As the CEHA Content is a component of the Website, any reference to the “Website” herein includes CEHA Content. For avoidance of doubt, CEHA’s act of making the CEHA Content accessible on the Website does not constitute a (a) waiver of any intellectual property or proprietary rights (including copyrights, trademark rights, and patent rights) of CEHA or its licensors or (b) transfer by implication, estoppel or otherwise of any such rights. The contents of the Website are protected by U.S. and foreign copyright laws, both as individual works and in some instances as collections, as well as by U.S. and foreign trademark laws.
By using this Website, User agrees not to utilize any copyright, Trademark, proprietary or confidential information contained therein in a manner inconsistent with these Terms or in violation of any U.S. or foreign law governing the protection of intellectual property or proprietary rights. User agrees to comply with reasonable written requests from CEHA to help CEHA protect its proprietary and intellectual property rights.
b. Trademarks
The CEHA Content includes the trademarks, service marks, logos, slogans, trade names, and trade dress used on the Website (the “Trademarks”). The absence of a trademark notice or symbol indicating the registration or ownership of a Trademark does not constitute a waiver of CEHA’s or its licensors’ trademark or other rights. These Terms do not grant User any rights to use the Trademarks. Under no circumstances is User permitted to use the Trademarks in a manner that creates a likelihood of consumer confusion.
c. Your Limited License to Use the Website
Subject to User’s full compliance with these Terms, CEHA grants User access to the Website pursuant to a limited, non-exclusive, non-transferable, revocable license (the “License”). The License is available to User unless and until User or CEHA terminates these Terms, CEHA otherwise suspends or terminates User’s access to the Website, or User is barred from using the Website by applicable law. Under the License, you are permitted use the Website solely for non-commercial, personal use, and only in the following limited ways: (a) you may access and browse the Website using a device that User owns or is authorized to use (a “Device”); (b) you may download the CEHA Content from the Website and print out a hard copy, provided that you do not modify it in any way and do not remove or alter any copyright or other legal notice contained thereon; (c) your Device may temporarily store copies of CEHA Content incidental to your use of the Website; and (d) User may install a copy of any mobile applications that we make available from time to time (collectively, the “Apps”) on a Device. Except to the extent authorized by applicable law, you may not otherwise use, download, upload, copy, print, display, perform, post, reproduce, publish, license, transmit, or distribute any CEHA Content without the prior written consent of CEHA or, if applicable, CEHA’s licensor. Any unauthorized use of the CEHA Content may violate copyright laws, trademark laws, and other applicable laws.
You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights. Failure to comply with the terms and conditions of the License constitutes a breach of these Terms and may result in the infringement or violation of copyrights, trademarks or other proprietary rights owned by CEHA. CEHA reserves all right, title, and interest not expressly granted under the License to the fullest extent possible under applicable law.
d. Use for Litigation Purposes Prohibited
6. Video Content; Cookies
The Website may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing the user experience on the Website and is, therefore, provided in connection with CEHA’s business in the field of offering health plans to Catholic employers. CEHA is not in the business of renting, selling, or delivering Video Content in a commercial manner. You acknowledge and agree that CEHA is not a “video tape service provider,” as defined in the Video Privacy Protection Act (“VPPA”), 18 U.S.C.A. § 2710, or similar state laws.
Additionally, the Website may include online technologies and code-based tools, including cookies, pixels, web beacons, and software development kits, that track and analyze information about your activity on the Website (collectively, “Cookies”). Cookies may result in information about your use of the Website being transmitted from your browser to CEHA and/or to third parties, which, in turn, may result in the display of targeted advertisements on third-party websites or resources (“External Sites”). Whether Cookies on the Website result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of our knowledge or control, including what External Sites you use, what information you have provided to External Sites, and whether and the extent to which you have limited the use of Cookies by External Sites.
You hereby acknowledge and agree that, if Cookies on the Website result in your browser’s transmission of information to External Sites, (a) such transmissions do not constitute a “knowing disclosure” of “personally identifiable information” by CEHA under the VPPA and (b) you will not initiate any litigation or otherwise assert any claim against CEHA based, in whole or in part, on such transmissions, whether under the VPPA, the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), or any other statute, regulation, or cause of action.
7. User Content
a. User Content Disclaimer
Certain aspects of the Website may permit users to post, transmit, submit, upload, share, or make available (collectively, “share”) reviews, comments, communications, images, recordings, suggestions, questions, ideas, or other information or content (collectively, “User Content”). User Content has not necessarily been reviewed or approved by CEHA, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness, timeliness, or any other aspect of any User Content. Any views or opinions expressed in User Content belong to the users who shared the content and not to CEHA. Your reliance on any User Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to, any User Content, including your reliance on such content. If you post any User Content, you are entirely responsible for that content.
b. Your License to CEHA
By sharing User Content, you grant to CEHA a non-exclusive, royalty-free, fully paid-up, worldwide, irrevocable, perpetual, and fully sublicensable right to (a) reproduce, translate, publish, distribute, display, broadcast, modify, alter, create derivative works of, and otherwise exploit and use such User Content in any manner throughout the world, in any media or format, and for any purpose, whether commercial or otherwise, and (b) use your name in connection with your User Content when exercising the foregoing rights (the “User Content License”). We may sublicense the rights granted under the User Content License through multiple tiers of sublicenses.
You represent and warrant that (a) you own your User Content or (b) you have obtained all rights and permissions needed to grant the User Content License to CEHA and, if the latter, that you have not altered or deleted any legal notice or copyright information attached to the User Content by the owner of such content. You acknowledge that you are not entitled to any monetary payment or other consideration in connection with our use of your User Content pursuant to the User Content License.
User Content shall not be deemed confidential, and CEHA shall not have any obligation to keep such content confidential. You acknowledge and agree that, pursuant to the User Content License, we shall be free to use any ideas, concepts, know-how, or techniques contained in User Content for any purpose whatsoever, including developing, manufacturing, and marketing products incorporating or based on your User Content, all without any compensation or attribution to you.
c. Private Submissions
Notwithstanding anything to the contrary in these Terms, the User Content License does not apply to personal information included in User Content that is not intended for public display (“Private Submissions”), such as personal information submitted when creating an Account (defined below). Personal information included in Private Submissions shall be treated in accordance with our Privacy Policy. However, personal information included in User Content that is intended for public display on the Website is licensed to us pursuant to the User Content License.
d. Use of Third-Party User Content
All User Content on the Website is considered CEHA Content. As such, aside from the limited right to access and use the Website and CEHA Content granted in the License, you may not make any use of User Content shared by another party without the prior written permission of the owner of such content.
8. External Links and Linking to the Website
The Website may include links to External Sites. CEHA, its agents, or any other parties involved in the preparation or publication of this Website shall not be responsible for the content of any External Sites, including any link contained on External Sites and any changes or updates to such websites, nor does CEHA necessarily endorse any aspects of External Sites. It is the User’s responsibility to take precautions when accessing any External Sites or content hosted thereon.
You agree not to create any hyperlink to the Website without our prior express written approval (including via email). To request linking permission, please contact us at learnmore@catholichealthtrust.org. If we grant linking permission, we may withdraw that permission at any time by providing you with written notice (including via email). Upon receipt of such notice, you agree to remove the applicable hyperlink immediately and not to re-establish any hyperlink to the Website without obtaining new written approval in accordance with this provision.
9. Accounts
In order to access certain areas or functionality of the Website, Users may need to create an account (an “Account”), which may require you to select a username and password.
Your access to any areas, content, or other Website functionality that requires the creation of an Account is granted solely at CEHA’s discretion. You agree to: (a) provide true, accurate, current and complete information about yourself during the Account creation process; (b) maintain and promptly update your information to keep it true, accurate, current and complete; and (c) not act in a false or misleading manner during the Account creation process, including not adopting a username with the intention of imitating any other person or entity. If you provide any information that is untrue, inaccurate, not current or incomplete, or if CEHA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CEHA may, in its sole discretion and without limitation, suspend or terminate your Account, terminate these Terms, and suspend or permanently prohibit your use of the Website (or any portion thereof).
You are solely responsible for maintaining the confidentiality of your Account password and for restricting access to your Account, and you will notify us of any known or suspected unauthorized use of your Account. You agree that you are fully responsible for all acts and omissions of any person that uses the Website while logged into your Account.
10. Errors
The Website may contain errors, inaccuracies, or omissions (“Errors”). We reserve the right to correct any Errors at any time and without notice.
11. Disclaimer of Warranties; Limitation of Liability
The Website may contain errors, inaccuracies, or omissions (“Errors”). We reserve the right to correct any Errors at any time and without notice.
a. Disclaimer of Warranties
To the fullest extent permitted under applicable law, the Website is provided on an “as is” and “as available” basis. CEHA expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Without limiting the preceding sentence, CEHA makes no warranty that (a) the Website will meet User’s requirements; (b) the Website will be uninterrupted, timely, secure, or free of viruses, errors, or other harmful components; (c) the information or content on the Website will be accurate or reliable; (d) the quality of any products, services, information, or other material obtained through the Website will meet User’s expectations; or (e) any errors on the Website will be corrected. It is User’s responsibility to evaluate the accuracy, completeness, and usefulness of any information, opinion, advice, or other content available through the Website and to consult professionals as needed.
No advice or information, whether written or oral, provided by CEHA or by a CEHA employee or agent, or on the Website, shall create any warranty with respect to User’s use of the Website. User expressly agrees that User uses the Website solely at User’s own risk.
b. Limitation of Liability
CEHA, its parents, subsidiaries, affiliates, successors, assigns, suppliers, and licensors, and each of their officers, shareholders, managers, employees, agents, directors, and licensees (the “Released Parties”) shall not be liable for any of the following damages arising in connection with User’s use of or inability to use the Website, if any: (a) indirect, incidental, special, punitive, consequential, statutory, or exemplary damages; (b) loss of profits, revenue, business, goodwill, use, or data, whether direct or indirect; (c) damages, including for any delay or failure in performance, arising from causes beyond the reasonable control of the Released Parties; (d) damages arising from the conduct of other users of the Website or their User Content; or (e) damages relating to the delay, failure, interruption, disclosure, or corruption of any data or information transmitted in connection with use of the Website.
In no event shall the collective liability of the Released Parties in connection with any Dispute (defined below) exceed the greater of (a) $250 USD or (b) the total amount paid by User to CEHA in the twelve (12) months preceding the date on which User’s claim arose (or, if the dispute involves multiple claims, the date on which the first such claim arose).
The terms of this Section 11(b) shall apply to the fullest extent permitted by applicable law, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and even if any remedy fails of its essential purpose. User acknowledges and agrees that the limitations of liability set forth in this Section 11(b) are fundamental elements of the basis of the bargain between User and CEHA, and that CEHA would not be able to provide the Website without such limitations.
c. Additional Rights
Some jurisdictions do not permit the disclaimer of certain warranties and/or the limitation of liability for certain damages (collectively, “Warranty and Liability Exclusions”). Accordingly, some of the Warranty and Liability Exclusions in these Terms might not apply to User, either in whole or in part. Nothing in these Terms seeks to impose Warranty and Liability Exclusions in a manner that is prohibited under applicable law. User agrees, however, that all Warranty and Liability Exclusions in these Terms shall apply to the greatest extent permitted by applicable law.
12. Indemnification
13. Prohibited Conduct; Right to Restrict Access, Remove Content and Discontinue Service
User agrees not to share any User Content or otherwise use the Website in any matter that:
- Infringes any copyright, trademark, trade secret, patent, or other right of any party, including the publicity and privacy rights of any person (living or deceased);
- Impersonates any person or entity, including a CEHA representative, or otherwise misrepresents your affiliation with a person or entity;
- Involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Website;
- Is false or misleading, abusive, harmful, threatening, or harassing, tortious, defamatory, or libelous, obscene, vulgar, or pornographic, discriminatory on the basis of race, religion, ethnicity, nationality, sex, sexuality, gender, age, or disability, or otherwise objectionable;
- Harms minors in any way;
- Is designed to gain access to aspects of the Website that you are not authorized to access;
- Copies, modifies, creates a derivative work of, reverse engineers, decompiles, or otherwise attempts to extract the source code of the software underlying the Website;
- Discloses content that you do not have a right to disclose pursuant to any law or under contractual or fiduciary relationships, such as inside information, proprietary and confidential information received through employment relationships or under nondisclosure agreements;
- Discloses private or personal matters concerning any person without their permission;
- Interferes with or disrupts the proper functioning of the Website or any other user’s use of the Website;
- Consists of or involves any unsolicited or unauthorized advertising, charity requests, petitions for signatures, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas of the Website that are designed for such purpose, if any;
- Is designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files, or programs);
- Causes CEHA to lose (in whole or in part) the services of our internet service providers or other suppliers;
- Interferes with or disrupts the Website or servers or networks connected to the Website, or disobeys any requirements, procedures, policies, or regulations of networks connected to the Website; or
- Violates, or encourages anyone to violate, any applicable local, state, national, or international law, regulation, or order.
CEHA has the right (though not the obligation) to monitor the Website for the purpose of determining and enforcing compliance with these Terms. Further, CEHA shall be free to delete, remove, modify, or refuse to post any User Content if CEHA determines (a) that the content violates these Terms, (b) that the content is stale or off topic for the applicable portion of the Website, or (c) doing so is otherwise necessary or convenient in connection with CEHA’s administration of the Website. CEHA also reserves the right to modify, suspend or discontinue the Website, with or without notice, at any time and without any liability to Website Users.
CEHA reserves the right to disclose any information to third parties, including your identity, Account information, and information about your use of the Website, as CEHA deems necessary to (a) enforce these Terms; (b) satisfy any applicable law, regulation, legal process, or governmental request; or (c) respond to claims that the Website or your activities in connection therewith violate the rights of third parties. You hereby waive any claims related to or resulting from any action or inaction of CEHA with respect to (a) monitoring the Website; (b) deleting, removing, modifying, or refusing to post any User Content; (c) determining or enforcing compliance with these Terms; or (d) cooperating with law enforcement or a governmental request concerning any matter related to the Website.
Notwithstanding the use restrictions in this Section 13, nothing in these Terms shall prohibit or restrict your ability to express or publish any review, performance assessment, or similar analysis (collectively, “Reviews”) about CEHA, its employees or agents, or its services, to the extent that such Reviews are protected under applicable law, including any (a) “statement” protected by Cal. Civ. Code § 1670.8 or (b) “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b.
14. Dispute Resolution and Agreement to Arbitrate
If there is any controversy, claim, action or dispute arising out of or related to User’s use of the Website, including any products or services displayed on or obtained from the Website, or the breach, enforcement, interpretation or validity of these Terms or any part of it (each, a “Dispute”), User and CEHA hereby agree to resolve the Dispute through the dispute resolution procedures set forth in this Section 14, even if the Dispute arose prior to the effective date of these Terms.
a. Informal Dispute Resolution
User and CEHA agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).
All Dispute Notices must: (a) be signed by the Complaining Party; (b) include the Complaining Party’s name, physical address, and email address; (c) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim; and (d) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between User and CEHA. As such, User’s Dispute and those of others may not be combined into a single Dispute Notice.
Dispute Notices shall be sent as follows:
- To CEHA: You must send any Dispute Notice to (a) Catholic Employer Health Alliance, P.O. Box 1177, Leesburg, VA 20175 and (b) by email to learnmore@catholichealthtrust.org
- To User: CEHA will send notice by (a) first-class or certified mail to the physical address CEHA has on file for User (if any) and (b) by email to the email address CEHA has on file for User (if any). If CEHA does not have any address on file for User, or if CEHA is, for any reason, unable to provide notice via the contact information on file, CEHA reserves the right to provide notice by other reasonable means.
User and CEHA will attempt in good faith to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, User and CEHA are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between User and CEHA (the “Conference”). If User is represented by counsel, User’s counsel may participate in the Conference, but User will also need to participate. CEHA will participate in the Conference through one or more representatives, which may include CEHA’s counsel.
Both User and CEHA agree that this foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed, the parties agree that (a) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (b) unless prohibited by law, no arbitration administrator shall administer any arbitration or demand fees in connection with the Dispute.
b. Individual Arbitration
IF ANY DISPUTE CANNOT BE RESOLVED THROUGH THE INFORMAL DISPUTE RESOLUTION PROCEDURE, USER AND CEHA AGREE THAT SUCH DISPUTE SHALL BE DECIDED EXCLUSIVELY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT NEITHER PARTY WILL HAVE, AND USER AND CEHA EACH HEREBY WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE ITS CLAIMS AND THAT NEITHER PARTY IS PERMITTED TO PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT USER AND CEHA WOULD HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS.
All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, as modified by these Terms, before one arbitrator to be mutually agreed upon by both parties (a Dispute submitted to JAMS for arbitration being a “Demand for Arbitration”). The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (the “Minimum Standards”) if, and only if, it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute. The Minimum Standards are available at www.jamsadr.com/consumer-minimum-standards. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, either party may choose to (a) have the arbitration conducted solely on the basis of the documents submitted to the arbitrator or (b) hold a hearing by teleconference or videoconference.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability or formation of these Terms, including any claim that all or any part of these Terms is void or voidable. User and CEHA agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this Section 14 or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator may be confirmed and enforced in a court of competent jurisdiction.
c. Mass Arbitration
This Section applies to Mass Arbitrations (defined below) and supersedes any provision to the contrary in these Terms.
If User or CEHA files a Demand for Arbitration that is one of fifty (50) or more similar Demands for Arbitration filed by parties represented by the same law firm or law firms acting in coordination (a “Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Rules”). The Mass Arbitration Rules are available at www.jamsadr.com/mass-arbitration-procedures.
User and CEHA agree that, in the event of a Mass Arbitration, any issues arising under or relating to (a) the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.
d. Exceptions
In lieu of the dispute resolution procedures set forth in Sections 14(a)-(c), User or CEHA may (a) bring a claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply, so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction; and (b) file a claim in court to (i) enjoin the infringement or other misuse of its intellectual property rights or (ii) seek a declaration that the other party is in breach of these Terms.
User and CEHA agree that, to the extent permitted by applicable law, any claims referenced in the preceding paragraph must be brought and maintained on an individual basis. In addition, nothing in these Terms prohibits User or CEHA from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against CEHA on User’s behalf (or vice versa).
15. Governing Law and Choice of Forum
a. Governing Law
b. Choice of Forum
16. Termination of these Terms
These Terms will continue to apply to User until terminated by either User or CEHA. CEHA may terminate these Terms at any time if (a) we believe you have breached these Terms, (b) we stop providing the Website or any material component thereof, or (c) as we believe necessary to comply with applicable law. You may terminate these Terms at any time by discontinuing your use of the Website and, if applicable, deleting your Account. If you need assistance deleting your Account, please contact us using the contact information provided below.
If User or CEHA terminates these Terms, or if CEHA suspends or terminates User’s access to the Website, User agrees that (a) User’s right to access and use the Website ceases immediately; (b) CEHA shall have no liability to you in connection with the same; and (c) except as expressly provided otherwise by CEHA, we will not refund any amounts that you have already paid to us. Notwithstanding the preceding sentence, if User voluntarily terminates this Terms, and User is not barred from using the Website by CEHA or applicable law, you are permitted to resume use of the Website at a later date. User agrees that any such resumed use of the Website constitutes User’s renewed acceptance of the then-current version of these Terms.
The following provisions shall survive the termination of these Terms: Sections 4, 5 (excluding the License), 6, 7, 11, 12, 14, and 15, as well as any other provisions of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.
17. Miscellaneous
a. Interpretation
b. Informational Purposes Only
c. Notice to California Residents
IF YOU ARE A CALIFORNIA RESIDENT, WITH RESPECT TO ANY WARRANTY AND LIABILITY EXCLUSIONS IN THESE TERMS, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Further, California residents may reach (a) us at the contact information provided in the below section and (b) the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
d. No Waiver
e. Severability
f. Entire Agreement
g. Assignment
h. No Relationship
i. Compliance with Laws
j. Admissibility
18. Contact Us
If User has any questions, comments or concerns about the Website or these Terms, please contact us at:
Catholic Employer Health Alliance
P.O. Box 1177
Leesburg, VA 20175
571-527-3282
learnmore@catholichealthtrust.org