Terms of Service Agreement
Effective Date: July 1, 2018
- Please read these Terms of Service ("Terms") carefully before using the TurboPT Portal (https://portal.turbopt.com).
- This agreement is a legally binding contract. It may change as our business changes, and You agree You will review it and any updates regularly.
- This Portal will continue to provide additional applications and updates.
For the purpose of
clarification, the terms used in this document have exclusive meaning as
defined here. “TurboPT”, “we” and/or “us” are used to
define TurboPT (the company) and its affiliates and subsidiaries.
is defined as any
computer or mobile application, app or software under TurboPT's control,
whether partial or otherwise, in connection with providing the services
provided by TurboPT. TurboPT provides a platform to store health-related
information to make it available to You, your employees and patients.
The terms “Service”,
“Services”, “Product”, “Portal” and “Website” are
used in this document to describe the “TurboPT Portal”, a website owned
and operated by TurboPT.
The terms "post"
and "posting" as used in this document shall mean the act of
submitting, uploading, publishing, displaying, or similar action on the service.
as used in this document refers to any place where therapy
services are rendered.
The terms "You",
“user” and "users" shall mean all Physical Therapy
service providers (therapists, therapist assistants and office staff) who use
TurboPT as practice management software, or patients who use the service as
directed by the treatment facility.
as used in this
document is used to describe an entity that provides health-related services.
This includes, but not limited to, therapist or therapist assistant(s) as well
as office personnel/employees who use the service under the direction of a therapy
provider or business entity working on behalf of a therapy provider.
or “credentials” are used in this document to describe
the websites account information used to authenticate users. This includes, but
is not limited to, your username (screen name, or email address) and password.
The act of “signing-in”, “signing-on” or “Logging on” describe the intent to
use the service by supplying your user credentials and submitting them to our
service for access.
These Terms constitute
a binding agreement between You and TurboPT and its affiliates and subsidiaries
("TurboPT", "we" and/or "us").
You accept these Terms by clicking the "I agree" checkbox when
You download or install TurboPT or when You agree to them using our website at
www.TurboPT.com, and each time You access TurboPT thereafter. You acknowledge
that by using the service You effectively agree to these terms whether You are
prompted to agree or not. If You do not accept these Terms, You must not use TurboPT
or the TurboPT Portal.
Revisions to Terms:
We may revise these
Terms at any time by posting an updated version to this web page. You should
visit this page periodically to review the most current Terms as You are bound
by them. Your continued use of TurboPT after a change to these Terms
constitutes your binding acceptance of these Terms and future revisions.
means all individually identifiable health information, including demographic
information and information related to an individual's physical, the provision
of health care to the individual, the individual's payment for the provision of
health care or any other uses that a health care provider may find necessary.
TurboPT does not give
medical advice under any condition. You will be solely responsible for the
professional and technical services You provide your patients. In addition, we
do not recommend or endorse any provider of health care or health-related
products, items, or services.
TurboPT may include
certain third-party software and services. Your use of such software or
services may require that You enter into a separate subscription or licensing
agreements with third-party vendors and suppliers. You agree to comply with
and, upon request, execute such agreements as may be required for the use of
such software or services. You agree to comply with any additional terms required
by our third-party vendors and suppliers, as necessary, to use parts of
No Third-Party Access:
Except as required by
law and described below, You will not permit any third party to have access to
TurboPT using your account. You may allow your employees to use TurboPT on your
behalf in compliance with these Terms. At a later point in time, You may also
allow patients to make payment for your services through TurboPT in compliance
with these Terms. You are solely responsible for the use of TurboPT by your
employees and patients. We have no liability for the consequences to You or
your employees or patients from your or their use of TurboPT.
Misuse by Other Users:
You acknowledge that by allowing employees and patients to
access TurboPT with your account, You are responsible for ensuring such
employees and patients use TurboPT for the purposes for which they are
accessing it. While TurboPT has certain technical safeguards against misuse, You
acknowledge it will rely to a substantial extent on your responsible use. You
agree that we will not be responsible for any unlawful access to or use of
TurboPT by any employee or patient to whom You gave access or log-in
credentials. You agree that You are responsible for ensuring that
health-related information is properly protected under applicable law.
for Data Collection and Use:
You represent and warrant that You have
obtained the proper consents, authorizations, and releases from individuals to
the fullest extent required by applicable law before posting their
health-related information to TurboPT.
You are solely responsible for any health-related information exported or
extracted from TurboPT by You, your employees or patients that You allow access
from your account.
You agree to train all employees on the use of TurboPT, HIPAA or health privacy
obligations, and the requirements of these Terms and ensure that they comply
with such requirements.
You will promptly notify us of any order or demand for compulsory disclosure of
health-related information if the disclosure requires access to or use of
TurboPT. You will cooperate fully with us in connection with any such demand.
Health-Related Information Practices
complies with the requirements of the "Privacy Rule" and
as defined by Health Insurance Portability and Accountability
Act ("HIPAA") of 1996 and the Health Information Technology for
Economic and Clinical Health Act ("HITECH Act").
We may use and disclose
health-related information to provide our services.
We may use
de-identified health-related information as permitted by law.
Use and Disclosure:
We may use and process
the health-related information posted to TurboPT for the proper management,
provision, and administration of TurboPT and our business as required by law.
We may also disclose health-related information if required by law or we obtain
reasonable assurances from the recipient that such information will be held
confidentially and used or further disclosed only as required by law or for the
purpose for which we disclosed it. You agree that TurboPT may use and share
de-identified health-related information to the fullest extent permitted by
Data Transfers at Your
We do not transfer health-related information to third parties, other than our
vendors, suppliers and as required to process patient billing. We may transfer
health-related information to third parties, including health plans,
health-care clearinghouse, and others. You authorize us to make such transfers
upon the request of You and the users who are acting under your account. You
acknowledge that when You consent to transfer the information to third parties,
we have no control over how those third parties will use and disclose the
We will use appropriate
administrative, physical, and technical safeguards to prevent use or disclosure
of health-related information other than as provided for by these Terms.
We will use
appropriate safeguards to prevent the use or disclosure of health-related
information other than as provided for by these Terms, including
administrative, physical, and technical safeguards that reasonably and
appropriately protect the confidentiality, integrity, and availability of the
We will report to You
any discovered use or disclosure of health-related information not provided for
by these Terms, or when we determine that unauthorized access to health-related
information has occurred.
We will ensure that
any of our agents, suppliers, and vendors to whom we provide health-related
information for purposes of assisting us in providing TurboPT, agrees to the
same restrictions and conditions that apply to us with respect to such
information, including the obligation to implement reasonable and appropriate
Access, Amendment, and
We will facilitate your requirements under the Privacy Rule to give patients
access and the ability to amend health-related information You posted to
TurboPT. We may also facilitate an accounting of disclosures as required by the
Department of Health and
Human Services ("HHS") Audits:
We will give HHS access to our internal
practices, books, and records related to the use and disclosure of
health-related information for the purposes of determining your compliance with
the Privacy Rule.
Termination of these
At the termination of these Terms, we will provide You with a copy of the health-related
information in an electronic form that is accessible through commercially
available hardware and/or your TurboPT software. If feasible, we will also
return or destroy all health-related information You or your employees or
patients post to TurboPT. If such return or destruction is not feasible, we
will continue to abide by these Terms with respect to such information and
limit further uses and disclosures to those purposes that make the return or
destruction of the information infeasible. You acknowledge that segregating
health-related information for removal from TurboPT may be infeasible.
We will comply with
the provisions of the HIPAA Security Rule that are made applicable to business
associates. We will notify You of the discovery of any breach of health-related
information that we store and we will cooperate reasonably with You to investigate
and mitigate any such breach. We will provide You with the necessary
information to make any legally required notification to individuals.
Creation and Secure Credentials
If You create an
account on behalf of a therapy provider, You agree You have the authority to do
so and that You are binding the therapy provider.
We may take steps to
verify You are a therapy provider.
You are responsible for
your log-in credentials and for keeping your account information accurate.
You are responsible for
any activity resulting from the use of your log-in credentials on TurboPT.
You agree that if You
create an account and use TurboPT on behalf of a therapy provider, You have the
necessary legal authority and capacity to do so as an authorized agent of the therapy
provider such that the therapy provider will be the primary account holder. You
agree that You have the authority to bind the therapy provider in legal
agreements and contracts. Your agreement to these Terms also binds such therapy
Owner of Account and
The primary account holder (i.e., “You”) holds the legal
rights to the TurboPT account and the information stored on TurboPT by your
business entity. If You hold TurboPT under contract with a Therapy provider, in
addition to the terms and conditions herein, You agree to provide the therapy
provider all information required by law.
Accurate Account Information:
You represent and
warrant that the information You provide to TurboPT upon registration and at
all other times will be true, accurate, current, and complete. You also
represent and warrant that You will ensure that this information is kept
accurate and up-to-date at all times.
You agree that we may
take steps to verify your identity and credentials as a therapy provider at any
time. You agree that we may use and disclose information, including
"Confidential Information," about You for such purposes, including
making inquiry of third parties concerning your identity and professional and
practice credentials. You authorize such third parties to disclose to us such
information as we may request for such purposes, and You agree to hold them and
us harmless from any claim or liability arising from the request for or
disclosure of such information. You agree that we may terminate your access to
TurboPT at any time if we are unable at any time to determine or verify your
qualifications or credentials.
Protecting Your Log-In
As a registered user, You will have log-in information, including a username
and password. Your account is personal to the primary account holder, and You
may not share your account and log-in information with, or allow access to your
account by, any third party. As You will be responsible for all activity that
occurs under your account and access credentials, You should take care to
preserve the confidentiality of your username and password, and any device that
You use to access TurboPT.
You agree to notify us
immediately of any breach in the secrecy of your log-in information. If You
have any reason to believe that your account information has been compromised
or that your account has been accessed by a third party, You agree to
immediately notify TurboPT by email to support@Turbopt.com. You will be solely
responsible for the losses incurred by TurboPT and others (including patients)
due to any unauthorized use of your account that takes place prior to notifying
TurboPT that your account has been compromised.
TurboPT may communicate
with You by email, if email communications are not acceptable You must request
that we provide notice of security breaches in writing. You agree to receive
email messages from us at the email address You provided to us for informational
and customer service related purposes.
By using TurboPT or
providing Personal Information to us, You agree that we may communicate with You
electronically regarding security, privacy, and administrative issues relating
to your use of TurboPT. If we learn of a security system's breach, we may
attempt to notify You electronically by sending an email to You. You may have a
legal right to receive this notice in writing. To receive free written notice
of a security breach (or to withdraw your consent from receiving electronic
notice), please write to us at firstname.lastname@example.org
Content Ownership and Use
TurboPT owns all of the
content we create, but You may use it while You use TurboPT. You cannot use our
logo without our written permission.
The contents of TurboPT
include designs, text, graphics, images, video, information, logos, button
icons, software, audio files, computer code, and other TurboPT content
(collectively, "TurboPT Content"). All TurboPT Content and the
compilation (meaning the collection, arrangement, and assembly) of all TurboPT
Content are the property of TurboPT or its licensors and are protected under
copyright, trademark, and other laws.
License to You:
We authorize You,
subject to these Terms, to access and use TurboPT and TurboPT Content solely
for the use of TurboPT's services, at our discretion. Any other use is
expressly prohibited. This license is revocable at any time without notice and
with or without cause. Unauthorized use of TurboPT Content may violate
copyright, trademark, service mark, and applicable communications regulations
and statutes and is strictly prohibited. You must preserve all copyright,
trademarks, service marks, and other proprietary notices contained in the
original TurboPT Content on any copy You make of TurboPT Content.
TurboPT, TurboPT logo,
and other TurboPT logos and product and service names are or may be trademarks
of TurboPT (the "TurboPT Marks"). Without our prior written
permission, and except as solely enabled by any link as provided by us, You
agree not to display or use in any manner TurboPT Marks.
Information" means all confidential information disclosed by a party
("Disclosing Party") to the other party ("Receiving
Party"), whether orally or in writing, that is designated as confidential
or that reasonably should be understood to be confidential given the nature of
the information and the circumstances of disclosure. Your Confidential
Information shall include the data You post to TurboPT, not including
health-related information; TurboPT Confidential Information shall include
TurboPT, customer feedback, and information relating to the performance,
reliability, or stability of TurboPT, operation of TurboPT, know-how,
techniques, processes, ideas, algorithms, and software design and architecture;
and Confidential Information of each party shall include business and marketing
plans, technology and technical information, product plans and designs, and
business processes disclosed by such party. However, Confidential Information
shall not include any information that (i) is or becomes generally known to the
public without breach of any obligation owed to the Disclosing Party, (ii) was
known to the Receiving Party prior to its disclosure by the Disclosing Party
without breach of any obligation owed to the Disclosing Party, (iii) is
received from a third party without breach of any obligation owed to the
Disclosing Party, or (iv) was independently developed by the Receiving Party.
The Receiving Party shall (i) use the same degree of care
that it uses to protect the confidentiality of its own confidential information
of like kind (but in no event less than reasonable care), (ii) not use any
Confidential Information of the Disclosing Party for any purpose outside the
scope of these Terms, and (iii) except as otherwise authorized by the
Disclosing Party in writing, limit access to Confidential Information of the
Disclosing Party to those of its and its affiliates' employees, contractors and
agents who need such access for purposes consistent with this Agreement and who
have signed confidentiality agreements with the Receiving Party containing
protections no less stringent than those herein.
The Receiving Party
may disclose Confidential Information of the Disclosing Party if it is
compelled by law to do so, provided the Receiving Party gives the Disclosing
Party prior notice of such compelled disclosure (to the extent legally
permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing
Party wishes to contest the disclosure. If the Receiving Party is compelled by
law to disclose the Disclosing Party's Confidential Information as part of a
civil proceeding to which the Disclosing Party is a party, and the Disclosing
Party is not contesting the disclosure, the Disclosing Party will reimburse the
Receiving Party for its reasonable cost of compiling and providing secure
access to such Confidential Information.
Property Rights and Your License to Use
You, or the people who
allow You to use their content, own all of the content You create using
TurboPT. However, we may use it for any purpose, including in our marketing
materials. We may also modify your content to make it work better on TurboPT.
It is very important
that You have permission to use other people's content or they may be able to
sue You for violating their legal rights.
TurboPT Claims No
TurboPT may provide You with the ability to create, post, or share content
("Your User Content"). TurboPT claims no ownership over Your User
Content. You or a third-party licensor, as appropriate, retain all copyright,
patent, and trademark rights to any of the content You post on or through
TurboPT. You are responsible for protecting those rights. You also acknowledge
and agree that Your User Content is non-confidential and non-proprietary.
TurboPT's Use of Posted
Content on TurboPT:
By creating, posting, or sharing your User Content on or through TurboPT, and
non-exclusive, non-transferable, royalty-free license to use, modify, remove,
publish, transmit, or display Your User Content for any purpose, including for
the purpose of promoting TurboPT and its services. You waive any rights You may
have regarding the alteration or manipulation of your User Content in any way
that may be objectionable to You. TurboPT reserves the right to refuse to
accept, post, display, or transmit any User Content in its sole discretion.
You Acquire No
Ownership of Others' Content:
You understand and agree that You will not
obtain, as a result of your use of TurboPT, any right, title, or interest in or
to such content delivered via TurboPT or in any intellectual property rights
(including, without limitation, any copyrights, patents, trademarks, trade
secrets, or other rights) in the content.
You Must Have Rights to
the Content You Post:
You represent and warrant that: (i) You own the content posted by You on or
through TurboPT or otherwise have the right to grant the license set forth in
these Terms, (ii) the posting and use of Your User Content on or through
TurboPT does not violate the privacy rights, publicity rights, copyrights,
contract rights, intellectual property rights, or any other rights of any
person, and (iii) the posting of Your User Content on TurboPT does not result
in a breach of contract between You and a third party. You agree to pay for all
royalties, fees, and any other monies owing any person by reason of content You
post on or through TurboPT.
content from users and other TurboPT licensors. Except as provided within these
Terms, You may not copy, modify, translate, publish, broadcast, transmit,
distribute, perform, display, or sell any content appearing on or through
Content Disclaimers, Limitations, and Prohibitions
We do not represent or
guarantee the truthfulness, accuracy, or reliability of content, posted by
users ("User Content"). You accept that any reliance on material
posted by other users, vendors, or suppliers will be at your own risk.
Prohibition of Certain
Please act appropriately when You use TurboPT and do not
try to sell our users anything other than Your User Content.
You are solely
responsible for Your User Content on TurboPT. TurboPT does not endorse any, nor
are we responsible for, User Content on TurboPT. You assume all risks
associated with Your User Content, including anyone's reliance on its quality,
accuracy, or reliability. You may expose yourself to liability if, for example,
Your User Content contains material that is false, intentionally misleading, or
defamatory; violates third- party rights; or contains material that is unlawful
or advocates the violation of any law or regulation.
of Violating These Terms
- If your conduct is unacceptable while using our service we may refuse to provide TurboPT service to You.
- We reserve the right to suspend or terminate your account and prevent access to TurboPT for any reason, at our discretion. We reserve the right to refuse to provide TurboPT to You in the future.
- You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of TurboPT.
We are not liable for
anything our users do when using TurboPT. We may also change TurboPT at any
time and are not liable for how this may affect You. We don't guarantee the
quality or accuracy of any content You view using TurboPT or other websites.
Changes to TurboPT:
We may change,
suspend, or discontinue any aspect of TurboPT at any time, including hours of
operation or availability of TurboPT or any feature, without notice or
We are not responsible
for any disputes or disagreements between You and any third party with whom You
interact using TurboPT, including payment processors and speech-to-text
providers. We are also not responsible for disputes or disagreements between You
and any patient with or for whom You or the patient have used TurboPT. You
assume all risk associated with dealing with third parties. You agree to
resolve disputes directly with the other party. You release TurboPT of all
claims, demands, and damages in disputes among users of TurboPT. You also agree
not to involve us in such disputes. Use caution and common sense when using
We make no
representations about accuracy, reliability, completeness, or timeliness of any
contents of TurboPT, including health-related information. Similarly, we make
no representations about accuracy, reliability, completeness, or timeliness of
any data from third-party vendors or suppliers, such as data resulting from the
speech-to-text functionality, or the quality or nature of third-party products
or services obtained through TurboPT. Use TurboPT at your own risk.
We make no promises and
disclaim all liability of specific results from the use of TurboPT.
"Released Parties" include TurboPT and our affiliates, officers,
employees, agents, partners, and licensors.
DISCLAIMER OF WARRANTIES
You use TurboPT at your
own risk. We make no warranties or guarantees.
UNDERSTAND AND AGREE THAT (A) YOUR USE OF TURBOPT IS AT YOUR SOLE RISK, AND
TURBOPT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR
SERVICES OFFERED BY BUSINESSES LISTED ON TURBOPT, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B)
THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) TURBOPT WILL MEET YOUR
REQUIREMENTS, (ii) TURBOPT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TURBOPT WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON TURBOPT WILL
MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED;
AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
TURBOPT IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
We are not liable for
anything that happens to You that somehow may be connected to your use of
TurboPT. If You use TurboPT in a way that causes us to be included in
litigation, You agree to pay all of our legal fees and costs.
UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR
YOUR PATIENTS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TURBOPT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO
USE TURBOPT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF TURBOPT;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON TURBOPT; (v) YOUR RELIANCE
ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO TURBOPT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO
YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT
OF OR IN CONNECTION WITH TURBOPT OR YOUR USE OF TURBOPT CONTENT, REGARDLESS OF
THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR
OTHERWISE), WILL NOT EXCEED $100.
You agree to defend,
indemnify, and hold harmless the Released Parties from and against any claims,
actions, or demands, including without limitation reasonable legal and
accounting fees, alleging or resulting from (i) your use of or reliance on any
third-party content, (ii) your use of or reliance on any TurboPT Content or the
use of TurboPT, (iii) any activity on TurboPT under your log-in credentials, or
(iv) your breach of these Terms. We shall provide notice to You promptly of any
such claim, suit, or proceeding.
These Terms constitute
the entire agreement between You and TurboPT concerning your use of TurboPT.
Our failure to exercise or enforce any right or provision of these Terms shall
not constitute a waiver of such right or provision. If any provision of these
Terms is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
these Terms remain in full force and effect. The section titles and annotations
in these Terms are for convenience only and have no legal or contractual
Class Waiver, and Waiver of Jury Trial
We are located in
California, so all disputes must be resolved there. We will use arbitration to
resolve any problems, and You cannot join a class action lawsuit or obtain a
jury trial for any disputes You have with us related to your use of TurboPT.
These Terms and the
relationship between You and TurboPT shall be governed by the laws of the state
of California without regard to its conflict of law provisions. You and TurboPT
agree to submit to the personal and exclusive arbitration of any disputes
relating to your use of TurboPT under the rules of the American Arbitration
Association. Any such arbitration, to the extent necessary, shall be conducted
in Los Angeles County in the state of California. You covenant not to sue
TurboPT in any other forum.
You also acknowledge
and understand with respect to any dispute with the Released Parties arising
out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.